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E-TIB Gruppe
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Terms and Conditions

The General Terms and Conditions of E-TIB GmbH for our services and deliveries.

1. Scope and Conclusion of Contract

  1. These General Terms and Conditions (T&C) apply exclusively to all contracts, deliveries, and other services (including planning, engineering, cable civil engineering, horizontal directional drilling, and fiber optic installation services) provided by E-TIB GmbH (hereinafter referred to as "E-TIB") to its contractual partners (hereinafter referred to as the "Customer").
  2. These T&C apply exclusively in B2B transactions. They are directed solely at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law, or special funds under public law.
  3. Any conflicting, deviating, or supplementary terms of the Customer shall not become part of the contract unless E-TIB expressly agrees to their validity in writing.
  4. A contract is only formed upon written order confirmation by E-TIB or by the actual commencement of execution of the services by E-TIB.

2. Scope of Services and Customer Cooperation

  1. The exact scope of the services to be provided by E-TIB results from the respective offer or the written order confirmation and the specifications agreed upon therein.
  2. The Customer is obligated to support E-TIB fully and at its own expense in the provision of the services. This includes in particular:
    • Providing all documents, plans (in particular utility and pipeline plans), permits, and official approvals required for planning and execution in good time before the start of construction.
    • Providing accurate and binding instruction on local conditions as well as precise marking and surveying of all underground cables, pipes, ducts, and other obstacles running in the work area.
    • Ensuring free and unhindered access to the construction site and providing any necessary storage and setup areas.
    • Providing construction water and electricity in the required quantity and quality at the workplaces at the Customer's expense.
  3. If the Customer fails to cooperate or provides incorrect information (especially regarding the location of underground utilities), it shall be liable to E-TIB for all resulting delays, additional costs, and damages. In this case, E-TIB is released from liability for damage to utilities that were not drawn or drawn incorrectly.

3. Execution Deadlines, Obstruction, and Construction Delays

  1. Agreed execution deadlines and dates are only binding if they have been expressly confirmed as fixed in writing by E-TIB.
  2. Compliance with deadlines is subject to the timely fulfillment of all cooperation duties by the Customer and the receipt of agreed down payments.
  3. Delays in performance due to force majeure, strikes, lockouts, official orders, or unpredictable difficulties for which E-TIB is not responsible (e.g., extreme weather conditions, unforeseen ground classes such as solid rock, incomplete or incorrect utility plans from the network operator) shall extend the execution periods by the duration of the obstruction plus a reasonable startup time.
  4. If unforeseen geological obstacles or deviations in the actual soil class from the contractually assumed soil classes result in a significant additional effort (e.g., in horizontal directional drilling), E-TIB is entitled to demand a reasonable adjustment of the remuneration as well as the execution deadlines.

4. Acceptance, Transfer of Risk, and Warranty

  1. Acceptance of the services shall take place immediately after completion. At the request of E-TIB, self-contained parts of the service (e.g., completed cable trenches or individual drilling sections) must be accepted separately (partial acceptance).
  2. If the Customer does not accept the service within 12 working days after written notification of completion, or if the Customer puts the service into use (e.g., by operating the laid cables), acceptance shall be deemed to have taken place after this period has expired.
  3. The risk of accidental loss and accidental deterioration shall pass to the Customer upon acceptance or partial acceptance.
  4. E-TIB provides a warranty in accordance with statutory regulations, unless otherwise agreed below. The limitation period for claims for defects in construction works and related planning and monitoring services is 5 years from acceptance. For other work services, it is 1 year from acceptance.
  5. Obvious defects must be reported to E-TIB in writing immediately, but no later than 5 working days after acceptance. Later claims for defects are excluded.

5. Prices, Progress Payments, and Payment Terms

  1. All prices are in Euro net plus the applicable statutory value-added tax.
  2. E-TIB is entitled to invoice reasonable progress payments in accordance with the progress of construction (e.g., per completed route meter, drilling meter, or completed planning phase). These are due for payment without deduction within 7 days from the invoice date.
  3. Final invoices are due for payment without deduction within 14 days after invoicing and acceptance.
  4. In the event of default of payment by the Customer, E-TIB is entitled to demand default interest in the statutory amount (currently 9 percentage points above the respective base interest rate). In addition, E-TIB reserves the right to suspend further work until full payment of the outstanding demands (right to refuse performance).

6. Retention of Title

  1. E-TIB retains ownership of all delivered and installed materials, cables, pipes, and other components (reserved goods) until full satisfaction of all claims under the respective contract.
  2. The Customer is obligated to treat the reserved goods with care and to inform E-TIB immediately in writing of any third-party access (e.g., pledges).
  3. In the event of combining or mixing the reserved goods with other items, E-TIB shall acquire co-ownership of the new item in the proportion of the invoice value of the reserved goods to the value of the other combined items at the time of combination.

7. Liability and Limitations of Liability

  1. E-TIB is liable without limitation in cases of intent, gross negligence, as well as for injury to life, body, or health.
  2. In the event of a slightly negligent breach of material contractual obligations (cardinal obligations), E-TIB's liability shall be limited to the contract-typical, foreseeable damage. Material contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the Customer may regularly rely.
  3. Liability for slight negligence in the breach of non-essential contractual obligations is excluded.
  4. E-TIB is not liable for damages resulting from incomplete, outdated, or inaccurate utility plans provided by the Customer or local network operators, unless E-TIB should have recognized the incompleteness in a grossly negligent or intentional manner.
  5. The above limitations of liability also apply in favor of E-TIB's employees, representatives, and vicarious agents.

8. Place of Jurisdiction and Final Provisions

  1. The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
  2. The place of performance for all deliveries and services, as well as the place of payment, is E-TIB's registered office in Guben.
  3. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Cottbus, provided that the Customer is a merchant, a legal entity under public law, or a special fund under public law. E-TIB is, however, also entitled to sue the Customer at its general place of jurisdiction.
  4. Should any provision of these T&C be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.

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