§ 1 General, Contract Language

(1) These general terms and conditions (GTC) apply to contracts concluded between you (hereinafter "customer") and me, Sarah Russo (hereinafter "I" or "me"), through my online presence at www.mas-solutions.online, unless expressly agreed otherwise in writing between you and me.
(2) Information about me can be found here: https://www.mas-solutions.online/impressum/.
(3) Deviating or conflicting terms and conditions are not recognized by me unless I have expressly agreed to them. Even if I refer to a letter that contains or refers to the customer's or a third party's terms and conditions, this does not constitute consent to the validity of those terms and conditions.

§ 2 Proof of Your Entrepreneurial Status

My service offerings are exclusively directed at entrepreneurs. Therefore, I may request proof of your entrepreneurial status before the conclusion of the contract, e.g., by providing your VAT ID number or other suitable evidence. The data required for proof must be provided by you completely and truthfully. For the purposes of these general terms and conditions, an entrepreneur is a natural or legal person or a legal partnership that acts in the exercise of its commercial or independent professional activity (§ 14 Paragraph 1 of the German Civil Code).

§ 3 Conclusion of the Contract, Contract Language

(1) My offers on my online presence are, unless expressly stated otherwise, non-binding, unless the offer is explicitly designated as binding in writing or contains a specific acceptance period. They do not constitute a request within the meaning of §§ 145 ff. of the German Civil Code (BGB) but are considered an invitation for the customer to submit an offer.
(2) The customer's order constitutes an offer to me to conclude a contract for the service ordered by the customer. If the customer places an order by email, they will receive an email from me confirming the receipt of the order and detailing the order (order confirmation). This order confirmation does not constitute acceptance of the customer's offer but informs them that their order has been received by me. A contract between you and me is concluded when I accept your order through a separate email or mail to the customer or the customer's offer on-site (acceptance declaration). Please check your email spam folder regularly.
(3) The contract concluded, including these general terms and conditions, is solely decisive for the legal relationship between me and the customer. It reflects all agreements between the contracting parties regarding the subject matter of the contract in full. Oral promises made by me before the conclusion of this contract are legally non-binding, and oral agreements between the parties are replaced by the concluded contract, unless it is expressly stated in them that they continue to be binding. The telecommunicative transmission, in particular by email, is sufficient to comply with the written form, provided that a copy of the signed declaration is transmitted.
(4) I reserve ownership or copyright to all offers and cost estimates provided by me, as well as drawings, illustrations, calculations, brochures, catalogs, and other documents and tools provided to the customer. The customer may not make these items accessible to third parties, disclose them, use or reproduce them, either themselves or through third parties, without my express consent. Upon my request, the customer must return these items to me in full and destroy any copies made if they are no longer needed in the ordinary course of business or if negotiations do not lead to the conclusion of a contract. The electronic storage of electronically provided data for the purpose of regular data backup is excluded.
(5) The language available for concluding the contract is exclusively German. Translations of these terms and conditions into other languages are for informational purposes only. In case of any differences between the language versions, the German text shall prevail.

§ 4 Storage of the Contract Text

The contractual provisions with information about the ordered services, including these general terms and conditions, will be sent to you by email upon acceptance of the contract offer or with notification thereof. I do not store the contractual provisions.

§ 5 Service Offer and Service Time

(1) I offer the following services to my customers, with the list not being exhaustive:
a) Industrial painting and surface technology
b) Assembly of mechanical and pneumatic components made of metal and plastic from various fields
c) Manual assembly.
(2) Any deadlines and dates for services promised by me are always approximate unless expressly agreed otherwise. I can, without prejudice to my rights arising from the customer's delay, request an extension of service obligations or a postponement of service dates by the period in which the customer does not fulfill their contractual obligations towards me.

§ 6 Customer's Obligations/Acceptance/Examination and Complaint Obligation

(1) The customer shall provide me with all necessary, and if necessary, updated documents, information, work tools, and data for the provision of the service 

from their side in a complete, correct, timely, and free of charge manner. I may assume the completeness and correctness of the documents, information, and data, unless they are obviously incomplete or incorrect.
(2) Customer obligations are essential obligations. If the customer fails to meet their obligation despite a request for cooperation, I am released from my obligations to the extent that the fulfillment of the unfulfilled obligation is a prerequisite for the provision of the service by me. I may also invoice any resulting additional effort.
(3) If I believe that the customer is not fulfilling an obligation to cooperate in accordance with the contract, I will immediately inform the customer of this and set a reasonable deadline for the provision of cooperation services, if necessary. I may also inform the customer of any adverse consequences of non-contractual provision of cooperation services within the deadline. As long as cooperation services are not provided in accordance with the contract, I am not responsible for resulting service disruptions. I may separately invoice any additional effort arising from the non-contractual provision of cooperation services. Any further claims by me remain unaffected.
(4) If acceptance of the service provided by me is required, the service provided by me is considered contractually compliant if the customer fails to promptly report obvious defects to me in writing or electronically upon acceptance unless I have fraudulently concealed the defect.
(5) If acceptance of the services provided by me is not required, the customer, with regard to all my services in the implementation of the contract concluded with the customer, assumes an obligation to inspect and complain in accordance with § 377 of the German Commercial Code (HGB).

§ 7 General Obligations of Mine

(1) I undertake to provide the services assigned to me under the contract in accordance with generally accepted technical standards. I will work towards optimizing the order with a view to
the customer's interests. The fulfillment of the contractually owed services by me is basically subject to the reservation of correct and timely self-delivery by my suppliers, insofar as I have concluded a congruent hedging transaction with my supplier and the non-delivery of the service is not my fault.
(2) In the event of a delay in service caused by circumstances for which I am not responsible, in particular, force majeure, industrial action, and events beyond my control, I am entitled to postpone the service by the duration of the impairment plus a reasonable start-up time or to withdraw from the contract in whole or in part with regard to the part of the contract not yet fulfilled.
(3) I am entitled to partial performance if partial performance is reasonable for the customer.
(4) Changes requested by the customer after the conclusion of the contract are only effective if they are confirmed by me in writing. I am entitled to invoice additional costs caused by changes requested by the customer, including any necessary additional work.
(5) If there is a defect in the service that I am responsible for, I am obliged, at my discretion, to remedy the defect or to provide a defect-free service (subsequent performance). In the event of rectification, I am obliged to bear all expenses necessary for the purpose of rectification, in particular, transport, travel, labor, and material costs, insofar as these are not increased by the fact that the object of the contract is located at a location other than the place of performance.
(6) If subsequent performance fails, the customer can, at their discretion, demand a reduction in remuneration (reduction) or declare withdrawal from the contract.

§ 8 Liability, Compensation for Damages

(1) I am liable for damages that are caused by me intentionally or through gross negligence, as well as for damages resulting from injury to life, body, or health.
(2) In the event of a slightly negligent breach of an obligation that is essential for the achievement of the purpose of the contract (cardinal obligation), my liability is limited to the foreseeable, contract-typical damage.
(3) Liability for indirect damages, in particular, for lost profits, is excluded in case of slight negligence, unless this involves the violation of essential contractual obligations.
(4) Liability for damages resulting from the lack of a guaranteed characteristic or from fraudulent concealment of a defect remains unaffected.
(5) The limitations of liability resulting from this § 8 also apply to the personal liability of employees, representatives, and vicarious agents of me.
(6) Liability for culpable injury to life, body, or health and liability under the Product Liability Act remain unaffected.

§ 9 Termination of the Contract by the Customer

(1) The customer can terminate the contract at any time by giving notice to me. The termination must be made in writing or electronically.
(2) If the customer terminates the contract without good cause, they are obliged to pay a lump sum compensation to me, taking into account the saved expenses and any other uses of the service, for the time remaining until the agreed end of the contract or, if no end date is agreed, for six months. The lump sum compensation is 50% of the agreed remuneration for the remaining term of the contract.
§ 10 Data Protection
I collect, process, and use personal data of the customer for the purpose of contract execution. Details can be found in my data protection declaration, which is available at https://www.mas-solutions.online/datenschutz/.

§ 11 Final Provisions
(1) German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with the contract is my place of business.
(3) Should individual provisions of the contract with the customer, including these general terms and conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes closest to that of the invalid provision.

Allgemeine Geschäftsbedingungen der MaS-Solutions Ihn. Sarah Russo Allgemeine Geschäftsbedingungen, stand Oktober 2023 AGB MaS-Solutions 2023.pdf (61.21KB)

Allgemeine Geschäftsbedingungen der MaS-Solutions Ihn. Sarah Russo
Allgemeine Geschäftsbedingungen, stand Oktober 2023

AGB MaS-Solutions 2023.pdf (61.21KB)