General terms and conditions

General Terms and Conditions of Contract, Rental and Assembly (AVB No. 2)
Legal situation The erection of scaffolds and their rental shall be subject to our terms and conditions set forth below and the technical requirements contained in the offer specifications. Unless otherwise agreed, the relevant provisions of the VOB (German Construction Contract Procedures) as amended from time to time, the scaffolding regulations DIN 4420/4421 and the accident prevention regulations shall be deemed to have been agreed. German law shall apply to all legal relationships.
Exclusivity Terms and conditions of the customer and his client shall not be binding on us even if we do not object to them. Only through our express written acknowledgement shall any terms and conditions to the contrary become an integral part of the contract.
In the case of pure rental transactions without assembly services, our rental and payment conditions shall take precedence.
Our General Terms and Conditions of Contract, Rental and Assembly shall also apply to all subsequent legal relationships without any further special agreement.
Promises of deadlines We shall endeavor to comply with agreed dates for assembly and dismantling. If we do not succeed in individual cases (e.g. due to weather conditions), then claims of the customer and third parties of any kind remain excluded. If we culpably fail to meet deadlines, the customer shall be obliged to grant us a grace period appropriate to the work to be performed.
Refusal of replacement We are not obligated to any replacement in case of dismantling of our scaffolds by the client or third parties. Deductions from our invoices by the customer or third parties due to non-dismantling of scaffolding are not possible.
Notices of defects must be received by us in writing no later than the 3rd working day after the scaffold has been handed over for use.
Use of scaffolds The scaffolds may only be used for the purpose stated in the offer and always in accordance with the scaffold regulations DlN4420/4421. We shall not be held responsible for any consequences arising from failure to comply with these regulations.
Any unauthorized modification of the scaffold or on the scaffold is not permitted. bracing, ladder access and back protection, the attachment of elevator tarpaulins and nets, the undermining of the scaffolding and the like.
The client shall return the scaffold with all equipment completely undamaged and cleaned at the end of the period of use. Any cleaning work required shall be charged separately. Damaged and missing parts of the scaffold shall be replaced at the replacement
price, provided that the customer is at fault. Insofar as the Ordering Party uses third parties to perform its tasks, it shall be responsible for their misconduct.
We shall be entitled to use the scaffolding free of charge for advertising purposes.
The scaffolds may only be sublet to third parties with our written approval.
During erection, dismantling and refitting, all other work on the site concerned shall be suspended.

Special client services and obligations

The client shall take custody of the scaffold during the reservation period and shall be responsible for careful handling, maintenance and proper use of the scaffold.
The client undertakes to acknowledge the protocols drawn up by us, e.g. on the number of anchors, number of ladder accesses, etc., carried out. If the number and the condition of the anchorages and the scaffolds deviate from the acknowledged condition, the customer shall be liable for the consequences thereof and shall release us from any liability.
If a registration or the permission of an official body or the consent of a neighboring landowner is required for the erection of the scaffold, the customer shall ensure that these requirements are duly met before the start of assembly.
If a scaffold is damaged as a result of force majeure (e.g. fire, building collapse, storm from wind force 6 and the like), the Client shall reimburse the replacement price, including restoration of the original condition (repair of tarpaulins and nets, etc.). The customer hereby assigns to us his claims against the construction insurance to be taken out by him.
The Principal shall be liable for sufficient construction site lighting as well as timely switching on and off of the lamps.
Advertising signs may only be attached to the scaffolding with our special approval. However, we shall not assume any liability with regard to building or safety regulations.

The customer is responsible for ensuring that the erectors sent by us can work without hindrance. Since our price calculations are based on the assumption that the work on the scaffolding will be carried out in one go, any additional costs caused by delays for which we are not responsible shall be borne by the customer. This also applies to additional costs caused by staged erection and dismantling of the scaffolding.
The client is obliged to provide the changing rooms and toilets required by the trade regulations free of charge.
Cranes and elevator equipment available on the construction site may be used by us free of charge for the transport of scaffolding material, as well as free of charge the connections for power and light current and water available on the construction site.

Additional services

Our offers and the acceptance of the order are based on the assumption that the scaffolding can be erected without any aggravating circumstances, unless the client points this out when requesting the offer and unless the offer and order specifically state this. The following aggravating
circumstances, for example, will be charged separately as additional services:
All fees, permit and processing costs for the use of public traffic areas, third-party property and police registration and deregistration.
Insulation of lines by the light and power plants and removal or securing of obstacles of any kind.
Erection of protective scaffolding to secure private and public traffic.
Subsequent modifications of the scaffold or its anchorages as well as maintenance work on the scaffold or protective equipment that becomes necessary through no fault of ours, including rehanging the scaffold anchorage to other anchorage points and making bridges.
Cleaning of scaffolds from coarse dirt. Hourly wage supplements will be charged for this if this work has not been carried out by the scaffold user.
Drawing up static calculations to prove the stability of the scaffolds and making drawings of any kind.
All fees for scaffolding inspections, e.g. inspection engineer fees also all fees for the inspection of static calculations, also in the event that the delivery of static calculations has been agreed.
Inaccessible access to the assembly site. It must be possible to access the scaffold areas by truck; in the case of larger scaffold areas, it must be possible to access the scaffolds by truck at least every 50 m. The scaffolds must be accessible by truck.
to the scaffolds.
Measures for preparing the ground on which scaffolds are erected, in particular for sloping, uneven or non-compacted terrain.
Lighting of scaffolds to secure public and private traffic during the reservation period.
The installation and provision of elevators used for the conveyance of building materials.
The erection, provision and removal of construction fencing and walkways with canopies and off-site facilities for the detour and control of public and private traffic.
Securing parts of buildings and special measures for preparing the ground above parts of buildings on which scaffolds are erected. Measurement and invoicing in accordance with VOB DIN 18451.
Unless otherwise requested, the contract price shall normally include the costs of erecting and dismantling the scaffolds, transporting the scaffold materials to and from the site, and the use of the scaffold materials for a period of 4 weeks. In the case of longer use of the scaffolding beyond the basic
basic standing time of 4 weeks, 7 % of the invoice amount shall be charged for each additional week, unless another amount is specified in the offer.
In case of invoicing by square meters, the basic price shall regularly cover the square meter of the scaffolded area. This area is measured horizontally in the largest development of the building or part of the building to be scaffolded, taking into account all projections and recesses, and vertically from the standing surface of the scaffold to the upper edge of the building or part of the building to be scaffolded.
of the building or part of the building to be scaffolded. For scaffolds that are not erected to the top edge of the building, the measurement is taken from the standing surface to 2 m above the uppermost working platform.
In the case of scaffolding structures that grow with the new building, as well as in the case of conversions and partial scaffolding, the transfer of use shall be charged separately for each construction stage.
The period of provision shall commence at the time for which the usability of the scaffold has been agreed, but not earlier than the use of the scaffold or individual parts thereof actually becomes possible and not later than the orderer actually uses the scaffold or individual parts thereof. Sundays and
Sundays and public holidays as well as bad weather days shall be deemed to be full days of the period of provision.
The release for scaffold dismantling must be made in writing. Verbal or telephone cancellations must be confirmed in writing by the client without delay. The transfer of use shall end at the earliest 3 working days after receipt of the written release by us. If scaffolds that have been released cannot be dismantled or converted within 3 working days for any reason for which we are not responsible, the transfer of use shall be extended until the conditions required for proper dismantling or conversion have been met. We must be notified of this in writing.


With the acceptance of an assembly we take over the responsibility for the faultless execution, but only according to the specifications of the purchaser. He shall provide us with all data, documents and instructions required for technically flawless design and execution.
Should damage or claims for compensation by third parties arise as a result of faults in our performance for which we are responsible or as a result of actions by our auxiliary persons during the installation work for which we are responsible, we shall be liable up to a total of € 1,000,000.00 lump sum for
personal injury and property damage arising from each case of damage for which we are responsible. If the claims for compensation exceed this amount, then the claims of the customer shall be reduced in such a way that in total we shall only be charged up to these amounts. All further claims are excluded.
If damage has occurred during the erection and dismantling of the scaffolding, which can be proven to have been culpably caused by our erectors, such damage must be reported to us in writing within 3 days of its occurrence at the latest, otherwise we shall not be liable. We shall not be liable for advertising installations, neon signs and neon tubes, for antennas or for damage to and on roofs or in lawns, gardens and parks if scaffolding has to be erected there. Likewise
no liability will be assumed for any damage that occurs during the installation of anchors. The aforementioned shall not apply in the event that the damage is caused intentionally or by gross negligence.
In all other respects, claims for damages shall be limited to the benefits provided by our liability insurer in all cases, irrespective of the grounds on which they are made.
Structural modifications to the scaffold may only be carried out by the scaffold erector.
Scaffold dismantling may only be carried out by us. Unauthorized dismantling and refitting is not permitted.
The customer shall bear sole responsibility for the stability of components or equipment not erected by us as well as for the load-bearing capacity of the foundation soil.

Consumer arbitration

All companies of the Teupe Group (Teupe & Söhne Gerüstbau GmbH, Teupe GmbH, GESTA Gesellschaft für Stahlrohrgerüste mbH, Teupe Gerüstbau GmbH Switzerland, Teupe Gerüstbau GmbH Austria) do not participate in consumer arbitration proceedings according to the Consumer Dispute Settlement Act.

Terms of payment

After scaffold erection or section completion and invoicing, 90 % of the respective unit prices of the erection items shall be due for payment within 10 calendar days without discount, the remaining 10 % of the respective unit prices after disassembly has been completed. For orders under € 2 500.00 and for scaffolding periods of less than 4 weeks, 100 % of the invoiced amount shall be paid after completion of erection of the scaffolding.
Preliminary items for at least 2 weeks in advance are in principle due for payment at 100 % within 10 calendar days without discount deduction.
The withholding of payments or the offsetting with counterclaims which are disputed by us or have not been legally established is excluded.
If the Customer is more than 10 days in arrears with the payment of the invoice amount due in each case, interest shall be charged on the amount due in each case at 2% above the respective Bundesbank discount rate - but at least at 6% per annum. A reminder shall not be required.
If the customer is in default with the payment of our invoice amount for more than 2 weeks, we shall be entitled to terminate the contractual relationship without notice and to dismantle and transport the scaffolding material without delay at the customer's expense, if a prior setting of a deadline with a threat of refusal pursuant to § 326 BGB remains unsuccessful. This shall also apply if, after conclusion of the contract, circumstances become known to us which are suitable for reducing the creditworthiness of the customer. Upon occurrence of these circumstances, all claims - irrespective of their legal basis - shall become due immediately. In addition, we are entitled to render any outstanding services - irrespective of their
legal grounds - only against advance payment or provision of security, as well as to withdraw from any other contracts.
Credit notes for bills of exchange and checks shall be valid with the value date of the day on which we can dispose of the equivalent value. We shall only accept discountable bills of exchange on account of payment on the basis of special
agreements on account of payment. Stamp duty, discount and other charges shall be borne by the customer.
Subsidiary Agreements All agreements that deviate from these contractual terms and conditions, as well as subsidiary agreements regarding the overall contract, must be made in writing and shall only become binding upon our written confirmation.
Binding nature of the conditions Should individual parts of the above general contractual, rental and assembly conditions be or become invalid by law or regulation, this shall not affect the binding nature of the remaining provisions.
Place of performance is Stadtlohn.
For all disputes arising from any legal grounds, insofar as the legal possibilities of a court agreement are fulfilled, for both parties and also for all present and future claims arising from the business relationship, the local court in Ahaus or the regional court in Münster shall have exclusive jurisdiction.
in Münster shall have jurisdiction.