Terms and Conditions of the Service
Introduction
The following general terms and conditions apply to all contracts, deliveries and other services. The conditions apply irrespective of whether the contract has been concluded in writing or verbally.
Insofar as the regulations of the contracting party deviate from or contradict these terms and conditions, they are expressly contradicted. They shall not become an integral part of the contract even if they are positively known, unless they are explicitly agreed.
Quotation / Ordering
Insofar as Geodomes submits an offer, the offer is always non-binding (subject to confirmation).
A contract is concluded when the contracting party commissions Geodomes and Geodomes confirms it in writing. The order is binding.
Geodomes is expressly authorised to rent or sell the object of the contract offered to other parties until the contract is confirmed.
Geodomes shall be entitled to accept this offer of the contracting party by its own signature or confirmation of the order within 14 days after receipt of the order. Geodomes shall be entitled to request all data from the contracting party that allows a credit assessment.
Acceptance shall be subject to the availability of the goods.
Geodomes is entitled to use subcontractors for the full or partial performance of the contract or to commission third parties to perform the contract.
Prices
Insofar as no individual offer has been made, the prices valid at the time of the order shall apply in accordance with the respective price quotations.
The prices stated are net final prices, apply plus statutory value added tax exclusively for the items and services specified in the contract and the delivery times and scope described therein. Unless otherwise agreed, transport will be charged separately.
Delivery at other times or to impassable terrain shall be charged separately. An additional charge may be made if the contracting party does not declare the spatial conditions in accordance with the facts or in full. This also applies if, due to the subsoil, the contractually regulated fastening variant cannot be chosen and heavy balancing or additional accessories become necessary. Insofar as heating equipment is rented, the heating material shall be invoiced separately.
Expiry date
Geodomes’ demand for payment shall become due in full (advance payment) immediately upon conclusion of the contract. Geodomes shall have a right of retention on the object of the contract until full payment has been received. The assembly/transport/delivery of the object of the contract shall only take place after receipt of full payment unless otherwise agreed in writing between the parties.
In case of late payment, Geodomes will be in default. The rules of the Spanish Civil Code shall apply. Geodomes SL shall be entitled to prove and assert other damages caused by the non-performance.
Obligations of the contractual partner
The contracting partner is responsible for the following:
-Provision of all necessary plans (line plans, site plans, construction plans).
-Prior to and after installation, cleaning and clearing (also of snow and ice) of the installation site/premises.
-Provision free of charge of the necessary installation equipment (cranes, forklift trucks, etc.), as well as of assistant installation personnel (if agreed) and sanitary facilities.
-Assumption of catering and accommodation costs for staff and independent organisation of these elements.
-Obtaining all official permits (including export permits if required) and timely notification of construction to local authorities.
-Ensuring that access and exit roads and the site are passable for trucks with payloads up to 40 T or axle loads of 2 to 7.5 T up to the site
-Adequate and free parking space during construction, the duration of the event and decommissioning
-Allowing the possibility of a joint inspection of the premises/rooms, access routes, etc., prior to the start of assembly
Provision of a level, horizontal and load-bearing surface for the assembly (asphalt, pavement, gravel, etc.)
-Provision of adequate protection against the weather.
-Laying of all sufficiently dimensioned supply and drainage lines and uninterrupted maintenance of the water and power supply with a stable network.
-Restoration to original condition after dismantling.
-Emptying of the heating appliance tanks after use.
-Security, fencing and lighting of the construction site and the object of the contract.
-The perforations or insertion of carpets and other floor coverings, or any elements inserted on the exterior and/or interior PVC covering, regardless of whether they are firmly attached or not, must be approved by Geodomes SL in writing beforehand.
-The contractor undertakes to place a construction foil to protect the floor slabs in order to prevent damage caused by adhesive tape, nails or staples or the detachment of the same. Damage caused by non-compliance with these regulations must be compensated by the contracting party. In this case, the contracting party is obliged to pay Geodomes € 250.00 net for each damaged floor panel, with claims for other damages being reserved.
-Cleaning of the projection coating, Video Liner, is not possible due to the material. Dirt or damage caused by contact with the floor due to a power failure will cause irreparable damage, which will result in the replacement of the inner projection liner.
Termination of the contract
The contract can be terminated in writing before delivery of the object of the contract.
In this case, the contractual partner (customer / hirer / purchaser) is obliged to pay 40% of the total amount as compensation if the cancellation takes place and is communicated in writing up to 30 days before the start date of the installation of the object of the contract.
If the contract is terminated less than 30 days before the agreed start of installation, the contractual partner (customer / lessee / purchaser) is obliged to pay 80% of the total amount as compensation.
If the contract is terminated less than 14 days before the start of the agreed installation, the full amount of the contract is payable. We expressly reserve the right to claim further damages.
In the case of continuous obligations with a duration of more than one month, the contract can be terminated at the end of the following month.
The right to extraordinary termination, in particular for non-payment or breach of contract, remains unaffected.
Transport
Insofar as transport is part of the contract, Geodomes is entitled to have transport carried out by third parties (subcontractors).
Construction, acceptance
The contracting party shall confirm completion of construction and conformity with the contract to the Geodomes foreman or his representative in writing or verbally, and his non-conformity if applicable in writing.
The costs arising from the acceptance of use shall be borne by the contracting party.
The contracting party confirms a correct acceptance if he does not complain immediately after delivery. Acceptance for use shall be deemed acceptance. Subsequent claims are excluded, except in the case of hidden defects.
The contracting party shall be liable for damage to property and personal injury resulting from improper use of the object of the contract.
The Contractual Partner may request a copy of the certification and static calculations of the geodesic domes that are the subject of the contract in an advisory capacity. They may only be used for presentation to the acceptance authority, as the drawings and static calculations are protected by copyright.
If the contracting party does not provide Geodomes SL’s assembly personnel with the pre-agreed auxiliary, executive and assistant personnel/movers at the place of assembly, Geodomes SL will, as far as possible, carry out the assembly and disassembly alone. In this case, Geodomes SL is entitled to invoice the full costs of ordering by its own means these elements not provided with a surcharge of 20%.
At least 8 weeks prior to the start of assembly, the contracting partner must submit drawings of the location of the contractual objects, the desired supply lines, the desired cut-outs in the ground, the exact location of the doors and the layout of the connecting corridors and tunnels, as well as the delimitation of any underground irrigation or water pipes that could be damaged during assembly by the use of the machinery or the fixing of the geodesic domes.
In case of delays and waiting times during assembly or disassembly, a charge of € 30.00/hour will be made for each employee. Damages exceeding this amount can be claimed if proven.
Disclaimer of use and defects
If the contractual materials are defective at the time of transfer or if such a defect subsequently becomes apparent, the contracting partner may demand rectification after appropriate notification. This shall not apply if the defect was caused by the contractual partner itself or if the contractual partner is responsible for the defect.
Geodomes may, at its discretion, meet the rectification request by providing a rental object of equal value or by repair.
The contractual partner is only entitled to a reduction or termination if Geodomes’ attempt to rectify the defect has been unsuccessful or Geodomes has refused to rectify the defect.
If several objects form part of the contract, the contracting party shall only be entitled to withdraw from the entire contract due to the defectiveness of a single object, if the rented objects were contractually provided as belonging to a single item and the defectiveness substantially impairs the contractually presupposed functionality of the objects as a whole.
Delivery and return
The contracting party is obliged to report damages and losses at the time of return.
At the time of delivery/return, the completeness and absence of defects shall be confirmed to the contracting party in writing.
This shall be considered as exclusive proof of the proper return of the object of the contract.
Liability
The object of the contract is in perfect condition and complies with the applicable regulations. Liability shall only be assumed in the event of gross negligence and intent.
Geodomes is not liable for impossibility or delays in assembly or disassembly due to unforeseen weather conditions (storm, heavy rain, snow, hail and frost, etc.) or force majeure.
Due to weather conditions, condensation may form on the underside of the roof. This can be prevented by sufficient and constant ventilation/heating. No liability is assumed in this respect.
In the event of snowfall, the contracting party must ensure immediate clearing of the object and the passageway used, depending on the snow load capacity.
Damage which could have been avoided by the contracting party if it had acted with due diligence, or which is caused by culpable behaviour on the part of the contracting party or third parties, shall be borne by the contracting party.
Geodomes has taken out liability insurance. The aforementioned insurance cover does not extend to the items brought in and consequential damage, compensation for which is excluded.
The contracting partner is obliged to adequately and sufficiently insure the general risk associated with the object of the contract (loss, theft, damage, liability).
The contractual partner shall be liable for all material and personal damages for which he is responsible and which arise from the operation and use of the item. For this purpose, he shall take out separate liability/visitor’s insurance at his own expense.
The contracting party shall pay damages for lost or damaged material. Without the consent of Geodomes, the contracting party may not make, have made or tolerate any changes or repairs to the object, with the exception of maintenance and safety measures.
All resulting damages shall be borne by the contracting party.
The subject matter of the contract may not be used as a suspension device, in particular not for heavy loads, beyond those specified in the model-specific technical documentation.
It is not permitted to paint any of the parts of the geodesic domes, structures, floors or any component element of the geodesic dome. The contracting party must remove any adhesive residue from advertising material or similar without leaving any residue before returning the object. The costs of any necessary restoration to the original state shall be borne by the contracting party.
In the event that construction parts, covers or cladding become loose or detached, the contracting party is obliged to immediately inform Geodomes or to professionally implement the necessary safety measures.
In case of danger of storms and bad weather, the contractual partner or the user of the object bound by him shall immediately close all exits and entrances tightly and, if necessary, have the contractual object and the immediate surroundings cleared by persons.
In order to prevent theft/damage, the contracting partner must ensure that the object of the contract is guarded at his expense 24h.
Consequences of termination without notice
In the case of continuing obligations, Geodomes shall be entitled to terminate the rental relationship without notice in the event of default of two months, to enter and drive on the subject matter of the contract after three days’ notice and to dismantle the subject matter of the contract after a reasonable grace period, irrespective of the remaining occupancy/equipment. The same shall apply in the event of sub-letting the object of the contract to third parties without consent.
Compensation for damage caused by premature dismantling to any property provided by the contracting party or third parties is excluded. Geodomes, without being obliged to do so, will announce the dismantling date in advance so that the contracting party can vacate the premises in good time.
At the request of Geodomes, the contracting party must inform Geodomes in writing within 24 hours of the current location or storage location of the object of the contract or, in the event of a change of location, of the new location at the same time. In the event of default of payment in the event of subletting, the contracting party now irrevocably assigns its right of payment against the third party to Geodomes and undertakes to name the name, address and contact person of the sublessee upon request, i.e. within two days.
The contracting party shall keep the object of the contract free of any liens, claims, attachments and other legal claims of third parties. The contracting party is obliged to inform Geodomes immediately of any such measures by third parties and to provide Geodomes with all necessary documents.
Applicable law / place of jurisdiction
For any dispute arising between the parties from the interpretation or fulfilment of this contract, the parties, expressly waiving any other jurisdiction to which they may be entitled, shall submit to the Courts and Tribunals of Madrid.
Reservation of title
All goods delivered within the framework of a sale remain the property of Geodomes SL until full payment has been made. The retention of title also extends to the processed goods and, in the event of resale, to the claim to the purchase price: extended retention of title.
References / recordings of images and photographs
The contractual partner has full right of access for filming and photography during the entire period of use of the object of the contract, including events. Geodomes or another authorised party may take photographs and/or other recordings during the assembly of the finished object for the use of such images by Geodomes for advertising, promotional or referential purposes and both parties recognise each other as joint owners of the copyrights of such images.
The photo and video recordings made may be used for our use free of charge.
Divisibility clause
The invalidity of one or more provisions of these General Terms and Conditions shall not entail the invalidity of the whole of these General Terms and Conditions. The invalid provision shall be replaced by the legally valid provision that comes closest to the invalid provision in legal and economic terms.