Terms & Conditions
AquaBlank GmbH
§1 Scope
These General Terms and Conditions apply to all contracts between AquaBlank GmbH, Degernpoint H2, 85368 Moosburg an der Isar (hereinafter referred to as the Contractor) and its clients regarding services in the field of exterior cleaning.
Deviating terms and conditions of the client shall only apply if expressly confirmed in writing.
§2 Services
The Contractor provides in particular the following services:
- facade cleaning
- roof cleaning
- stone and paving cleaning
- terrace and driveway cleaning
- graffiti removal
- cleaning of photovoltaic systems
- treatment with our long-term protection products
- other agreed cleaning services
The specific scope of services is determined exclusively by the respective offer.
§3 Conclusion of Contract
A contract is concluded by:
- acceptance of the offer
- appointment scheduling
- order confirmation
- commencement of the work
§4 Prices and Payment Terms
Only the prices agreed in the offer shall apply.
Invoices are payable within 7 days without deduction.
The Contractor is entitled to request:
- partial payments
- advance payments
- partial invoices
§5 Duties of Cooperation of the Client
The client shall ensure:
- free access to work areas
- water connection
- electricity connection
- removal of sensitive objects
- closed windows and shutters during cleaning
Additional costs due to missing preparation may be charged separately.
The client shall also ensure that no persons, animals, or movable objects are present in the immediate working area during the execution of the work.
§6 Weather Dependency of the Work
The work is weather-dependent.
Not possible in case of:
- rain
- frost
- night frost
- storm
- extreme temperatures
Postponements of appointments shall not constitute a defect.
§7 Condition of the Surfaces to Be Cleaned
Known pre-existing damage must be communicated before the start of work.
No liability shall exist in particular in the case of:
- loose roof tiles
- open joints
- damaged coatings
- defective seals
- hidden pre-existing damage
§8 Cleaning Result
The cleaning is carried out according to the best professional standard.
Complete removal of all contamination cannot be guaranteed.
Possible material-related effects include:
- shadowing
- color deviations
- visibility of deeper contamination
- exposure of existing pre-existing damage
- material-related changes
These do not constitute a defect.
§9 Different Degrees of Contamination and Additional Cleaning Effort
The degree of contamination may vary due to different environmental influences, in particular due to:
- building orientation
- shading
- adjacent vegetation
- moisture exposure
- splash water areas
- material aging
- different surface properties
Even in the case of similar surfaces, the actual cleaning effort may differ considerably in individual sections.
This applies regardless of whether a test area has been created.
In individual areas, it may be necessary to carry out several cleaning processes.
Alternatively, it may be agreed to leave individual areas with increased effort in a slightly different cleaning condition.
A uniform cleaning result over the entire surface cannot be guaranteed.
To ensure the quality standard, the use of special cleaning agents or additional agents may be necessary.
The Contractor reserves the right to use such special treatments and to charge for them separately.
Should increased time or material expenditure arise during the work, the Contractor reserves the right to charge additional services separately after prior information to the client.
Different cleaning results within one surface do not constitute a defect.
§10 Delayed Cleaning Effect of Biological Contamination
Biological contamination reacts with delay:
- algae a few days
- lichens several months
- black fungus follow-up treatment possible
This does not constitute a defect.
§11 Special Features of Facade Cleaning
In the case of heavy infestation, the surface may already be pre-damaged.
The actual condition often only becomes visible after cleaning.
No liability shall exist in particular in the case of:
- metal oxide streaks
- structural defects
- missing drip edges
- splash water areas
- adjacent objects
- defective window connections
- defective facade connections
Complete removal of all contamination cannot be guaranteed.
§12 Special Features of Roof Cleaning
Possible material-related effects:
- cleaning shadows
- exposure of old repair areas
- visibility of damaged roof areas
No liability shall exist in the case of:
- existing leaks
- damaged underlay membranes
- loose roof tiles
- design-related pre-existing damage
Complete removal cannot be guaranteed.
§13 Special Features of Stone and Paving Cleaning
Possible material-related effects:
- loosening of loose joint components
- loosening of loose stones
- color deviations
- shadowing
- renewed growth due to roots
No defect.
§14 Graffiti Removal
Graffiti removal depends on the substrate.
Possible:
- residual pigmentation
- color changes
- shadowing
Complete removal is not guaranteed.
§15 Photovoltaic Cleaning
No liability in the case of:
- microcracks
- pre-existing damage
- technical defects
- changes in yield
§16 Long-Term Protection Products
Long-term protection reduces regrowth.
Permanent effect cannot be guaranteed.
§17 Coating Work
In coating work, material-related and substrate-related color deviations may occur.
These do not constitute a defect.
The durability of coatings depends significantly on the condition of the substrate as well as on environmental influences and therefore cannot be fully guaranteed.
Changes caused by weather influences, contamination, or natural aging processes do not constitute a defect.
The actual condition of the substrate often only becomes fully visible after cleaning.
Should it become apparent during the work that additional preparatory work or special treatments are required, the Contractor reserves the right to charge these separately after prior information to the client.
§18 Materials Containing Asbestos and Hazardous Building Materials
The client is obliged to inform the Contractor, without being asked, before the start of the work about the presence or suspected presence of materials containing asbestos or other hazardous building materials.
This applies in particular to older roof and facade surfaces, corrugated sheets, fiber cement products, Eternit components, as well as other components in which, due to year of construction, construction method, or material properties, the presence of hazardous building materials cannot be ruled out.
If the client does not provide such notice, the Contractor is entitled to assume that no asbestos-containing or hazardous materials are present and that the work can be carried out without special protective measures.
The Contractor is not obliged to carry out a material-technical examination or analysis before the start of the work to determine the presence of asbestos-containing or other hazardous building materials.
If it becomes apparent during the work that such materials are present or if there is a justified suspicion thereof, the Contractor is entitled to stop or interrupt the work immediately in whole or in part.
The Contractor is furthermore entitled to make the continuation of the work dependent on suitable evidence, expert opinions, approvals, or official confirmations.
Any delays, downtime, and additional expenses resulting from this shall not be at the expense of the Contractor.
The client shall be liable for all personal injury, property damage, and financial losses incurred by the Contractor due to the fact that the presence of asbestos-containing or other hazardous building materials was not communicated, not fully communicated, or not communicated in time.
This applies in particular to:
- endangerment of or damage to the personnel deployed
- damage to or contamination of machines and work equipment
- necessary special cleaning measures
- additional protective measures
- disposal measures
- interruptions of work
- downtime
- postponements of appointments
- additional organizational expenses
- official measures or requirements
- resulting consequential economic losses
The Contractor is entitled to invoice separately for damages and expenses arising from this.
Any liability of the Contractor for delays, postponements, or non-performance of the work due to asbestos-containing or other hazardous building materials is excluded unless mandatory statutory provisions provide otherwise.
§19 Plants and Outdoor Facilities
At summer temperatures, water mist may damage plants.
No liability.
§20 Building Openings During Cleaning
Windows / doors / shutters must be closed.
No liability in the event of moisture ingress.
In the case of open windows, a flat-rate expense charge may be billed.
§21 Additional Services
Only included if expressly agreed:
- glass cleaning
- frame cleaning
- re-sanding
- re-impregnation
- follow-up treatment of biological residues
- special treatments for rust / oil / lime / paint residues
§22 Reappearance of Growth
New growth does not constitute a defect.
§23 Appointment Cancellations
Cancellations under 48 hours:
up to 80% may be charged.
§24 Machine Downtime
Technical failures do not constitute delay.
§25 Measurement in the Case of Client Information
In the case of measurements provided by the client, we reserve the right to take our own measurements.
Deviations may lead to price changes.
§26 Warranty and Acceptance
Complaints must be communicated in writing within 48 hours after completion of the work.
If no complaint is made within this period, the service shall be deemed accepted as being in conformity with the contract.
Optical complaints asserted later do not constitute a defect insofar as they would have been immediately recognizable upon proper inspection.
Upon expiry of the complaint period, the client waives any further claims due to visual changes of the cleaned surface.
§27 Liability
The Contractor shall only be liable in cases of intent and gross negligence.
In cases of slight negligence, liability shall only exist in the event of breach of essential contractual obligations.
Liability is limited to the foreseeable damage typical for the contract.
§28 Use of Photo and Reference Material
The Contractor is entitled, within the scope of the performance of the contract, to take photographs of the object as well as before/after photographs for documentation and reference purposes.
The Contractor may use these photographs for its own advertising and reference purposes, in particular for:
- website
- social media channels
- offer documents
- presentations
- flyers
- brochures
- other advertising materials
It shall be ensured that no personal data is published unless separate consent has been given for this.
The use shall take place exclusively in relation to the object and without reference to personal data of the client.
The client may object in writing at any time with future effect to the use of the photographs.
§29 Place of Jurisdiction and Applicable Law
Place of jurisdiction is Moosburg an der Isar.
German law shall apply.
§30 Severability Clause
Should any provision be invalid, the validity of the remaining provisions shall remain unaffected.