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Terms and Conditions

Last edited: 17.03.2023

1. Components of the offer

1.1 Price bases

The following terms and conditions are an integral part of the offer. In the event of contradictions, these GTC shall take precedence over all other provisions. The offer was prepared on the basis of the performance description (Devi). Any plans supplied are only for better understanding and are not part of the calculated unit price. Items that are described inaccurately or for which the amount of work cannot yet be estimated exactly are marked with "Assumption, to. designated. Such positions are executed according to AGB Art. 2.1 after expenditure or at a later time subsequently offered. Positions which cannot be offered by the company Wunschhaus S.L. are marked with "bauseits" and are not included in the total.

1.2 Order changes

If the order quantity is reduced by more than 20 %, a surcharge may be added to the offer price.

1.3 Copyright

The offer and the associated drawings, descriptions, samples, etc. are our property and may not be made available to other applicants. In case of violation of this requirement, the recipient of the offer is liable for the damage.

2. Components of the contract for work

In addition to the present document, the following shall be considered integral parts of the contract for work and services: definitive implementation plans, performance specifications

3. Construction at cost

3.1 Building by direction

Unless otherwise agreed in writing, all work shall be performed on a direct labour basis, i.e. on a time and material basis.
The direct labor rates are determined

  • for the personnel costs according to the currently valid billing rates
  • for storage material at the currently valid storage conditions
  • for material directly from the supplier at the currently valid material margins
  • for special machines and equipment according to the currently valid billing rates and rental conditions.

The billing rates are known to the Owner and may be reviewed at any time by contacting . Operating and inflation adjustments are reserved.
Both travel routes are considered working time and will be charged accordingly.

3.2 Financial viability

The client must clarify and ensure the financial feasibility in advance. The answer to the corresponding question expressly confirms that the project can be financed.

3.3 Report system

For the performance of individual workers, the government reports are prepared at least weekly and sent by fax or mail. Without feedback within 24 hours, the reports are considered approved and cannot be objected to at a later time. Any other agreement is valid only in written form. The supplier invoices, delivery bills and the stock material reports serve as the basis for calculating the material consumption. The stock material reports are not handed over to the client, but can be viewed at any time at Wunschhaus S.L.. The reports and the supplier invoices form the basis for billing.

3.4 Project changes and unforeseen events

If there is a subsequent deviation from the construction execution plans, the bills of quantities, etc. for any reason, or if other changes occur, the construction management and the project manager of Wunschhaus S.L. must be notified immediately. Any additional costs incurred due to unforeseeable difficulties must be calculated with the client or the construction management, the construction sum readjusted and the financial viability ensured. This applies in particular to weather protection and safety measures that are not included in the price or cost estimate.

3.5 Invoicing

The costs incurred will be invoiced with the final invoice after completion of construction. For larger amounts, the company Wunschhaus S.L. is free to invoice partial amounts, so-called payments on account. The payment period for both options is 30 days, unless otherwise agreed and recorded in writing. Cash discount deductions may only be made during the payment period of 10 days agreed in writing. Unauthorized deductions after the deadline will be reclaimed. The raising of notices of defects does not release the purchaser from the obligation to pay. A warranty retention is not permissible.

3.6 Terms of payment

Invoices, invoices on account as well as final invoices are due for payment within the specified payment period. In case of default Wunschhaus S.L. is entitled to charge collection fees and default interest. The default interest rate is 8 %.

3.7 Material references

The company Wunschhaus S.L. manages a large warehouse with the most common materials. Our customers can therefore purchase materials from stock at attractive conditions. The invoice for this is issued as a collective invoice on a monthly basis. Larger quantities are preferably ordered or reserved at Wunschhaus S.L.. In this case, a direct order is placed on commission.

4. Building by dimension

In this case, the remuneration owed results from the quantity of the unit provided by Wunschhaus S.L. multiplied by the associated unit price. The relevant quantity is determined either according to the actual measurement (by measuring, weighing, counting, delivery bills, etc.) or according to the planned theoretical measurement.

The unit prices and the method of determining the quantity delivered (actual or according to plan) shall be agreed in writing before the start of construction. If, exceptionally, there is no agreement, the quantity delivered shall be determined by actual measurement. Unless otherwise agreed, the unit price shall also include all ancillary services, such as auxiliary work, transport, storage, etc. In all other respects, the provisions of Clause 2 (construction at cost) shall apply mutatis mutandis.

5. Building with lump sum price

The lump sum price agreed in writing before the start of construction and designated as such is both the maximum and minimum price. It is binding if construction is carried out in accordance with the described items or service descriptions in the offers. Changes in the order result in additional or reduced prices which are also listed as such in the invoice. In all other respects, the provisions of Clause 2 (construction at cost) shall apply mutatis mutandis.

6. Guarantee and warranty

6.1 Warranty

Our warranty is limited to the replacement or repair of defective parts. The reimbursement of costs for services provided by the customer or third parties is excluded. The customer shall not be entitled to rescission or price reduction. The customer shall tolerate the rectification of defects of any kind without claiming compensation for any impairment and inconvenience. Any performance of warranty work shall not interrupt the current warranty period.

6.2 Exclusion of warranty

Our warranty excludes defects which are due to inadequate maintenance and non-compliance with our maintenance recommendations, excessive stress, improper handling or interference by third parties. Any warranty for defects which are due to faults in the construction or in plans which have been made available to us by the customer is excluded. Our samples, brochures and other advertising material only approximately indicate the properties of our work and products. We are therefore not liable for deviations from these.

6.3 Wood

We work with the natural raw material wood. Deviations and differences in the grain, structure, surface and color are not grounds for complaint. Weathered wood can also change significantly in shape. These properties of the natural product wood are known to the customer and are accepted.

6.4 Minor defects

Insignificant defects which do not impair the function do not entitle the customer to non-acceptance of the work and to retention of payments.

7. Warranty period

The warranty period is 2 years from the date of acceptance of the component. We are liable for hidden (previously undetectable) defects for 5 years. They must be reported in writing by the customer immediately after discovery.

7.1 Improvement right

If defects or damages are repaired by the customer without the knowledge of Wunschhaus S.L. in written form by third party companies, there is no right to compensation payments in any form.