ALLGEMEINE GESCHÄFTSBEDINGUNGEN
AGB
EXZELLENTIA CONSTRUCTIO UG (LIMITED LIABILITY)
General Terms and Conditions (GTC) for Interior Fit-Out, Drywall Construction, Filling and Finishing Works, Flooring Installation, Door and Frame Installation, Kitchen and Furniture Assembly.
Company: Exzellentia Constructio UG (haftungsbeschränkt)
Address: Hans-Stießberger-Straße 11, 85540 Haar, Germany
Phone: +49 160 96273279
Email: kontakt@exzellentia-constructio.de
Version: June 2026
Note: These General Terms and Conditions govern recurring procedures relating to our services. Individual written agreements, quotations, specifications and order confirmations shall take precedence over these Terms and Conditions.
§ 1 Scope of Application
These General Terms and Conditions apply to all offers, orders, deliveries and services provided by Exzellentia Constructio UG (haftungsbeschränkt) to consumers and businesses unless otherwise agreed in writing.
Conflicting or deviating terms and conditions of the client shall not become part of the contract unless we expressly agree to their validity in writing.
For contracts with consumers, the statutory consumer protection provisions shall apply without restriction. Invalid provisions shall not affect the validity of the remaining provisions.
§ 2 Scope of Services
Our scope of services includes in particular interior fit-out, drywall construction, filling and sanding works, flooring installation, door and frame installation, kitchen and furniture assembly, as well as the installation of standardized prefabricated building components.
Electrical, plumbing, heating, gas and other licensed specialist works are not part of our services unless expressly agreed in writing and carried out by appropriately licensed specialist companies.
Connections of appliances shall only be carried out where legally permissible and where connection points are ready for use, freely accessible, prepared in accordance with applicable standards and provided by the client. If connections are missing, unsuitable or unsafe, installation shall not be carried out.
§ 3 Quotations, Contract Formation and Documentation
Our quotations are non-binding unless expressly designated as binding. A contract shall be concluded through written order confirmation, countersignature, payment of an agreed deposit or actual commencement of the work.
Plans, sketches, dimensions, material lists and specifications must be carefully reviewed by the client before placing an order. Any uncertainties must be communicated before execution begins.
Subsequent requests, additional work, changes in execution, material substitutions or unforeseeable additional services shall be invoiced separately.
§ 4 Measurements, Dimensions and Site Conditions
Measurement appointments shall be coordinated with the client. The client shall ensure that the provided telephone numbers are reachable and that access to the property is available.
We assume no liability for dimensions provided by the client that have not been verified, have been changed subsequently or are otherwise inaccurate.
Additional costs resulting from incorrect measurements, structural modifications or unforeseen site conditions shall be borne by the client unless we are responsible for such circumstances.
Changes made after measurement, particularly to walls, floors, tiles, installations, ceilings, cut-outs or connection points, must be communicated to us immediately before execution.
§ 5 Client Obligations
The client shall ensure before commencement of work that all conditions necessary for proper execution are fulfilled. This includes, in particular, unrestricted access, cleared work areas, electricity, lighting, parking and unloading space, as well as a dry, stable and suitable subfloor or structure.
Before work begins, the client shall inform us of visible and concealed cables, pipes, underfloor heating systems, cavities, special wall constructions, moisture, mold, structural weaknesses and any other risks within the work area.
If these requirements are not fulfilled, we may interrupt or postpone the execution of work. Additional costs, waiting times, extra travel expenses and storage costs resulting from such circumstances shall be borne by the client if the client is responsible for the cause.
§ 6 Walls, Ceilings, Load Capacity and Fixings
The client is responsible for the load-bearing capacity of walls, ceilings and substructures unless they have been constructed or expressly inspected by us.
Suitable fixing surfaces must be available for wall cabinets, shelving systems, kitchen wall units, extractor hoods, ceiling elements and other heavy components. For drywall constructions, adequate reinforcements must be provided at installation points.
The installation of heavy wall cabinets, shelving units or comparable elements may be refused on single-layer drywall systems or insufficiently reinforced drywall structures. We shall not be liable for damages resulting from inadequate load-bearing capacity unless caused by our fault.
Chipping of plaster, breakouts, damage to concealed tiles, wallpaper, old plaster or masonry cannot always be avoided during dismantling or fastening work. Liability shall only exist in the event of culpable breach of duty.
§ 7 Installations, Appliances and Connections
All electrical, water, wastewater, gas, ventilation and other technical connections must be prepared by the client in accordance with plans, manufacturer specifications and applicable regulations.
Cables and pipes must be installed in such a way that assembly and appliance installation can be carried out safely. Missing, incorrectly positioned, inaccessible or non-compliant connection points entitle us to refuse performance of the affected work or continue only under a separate agreement.
We do not guarantee the functionality of client-supplied appliances, fittings, worktops, sinks, undersink units, water heaters or other provided components. Damage or defects resulting from age, condition, material defects, pre-existing damage or incorrect manufacturer information are not our responsibility.
Multiple socket overloads, temporary electrical connections or any technically unsafe connection methods shall not be carried out.
§ 8 Materials, Deliveries and Client-Supplied Components
Materials provided by the client must be complete, suitable, undamaged and available at the installation site in a timely manner. The client bears the risk for missing, incorrect, damaged or unsuitable materials supplied by the client.
If components are missing or reorders are necessary, this shall not entitle the client to refuse acceptance of services already properly performed. Outstanding work shall be completed after delivery of the missing components.
Commercially customary and material-related variations in color, structure, grain, joint patterns, natural stone, wood, ceramics, mineral materials or comparable materials shall not constitute a defect provided such variation is reasonable and no specific quality agreement has been made.
§ 9 Deadlines, Postponements and Obstacles
Deadlines shall only be binding if expressly confirmed in writing as binding. Delays caused by missing materials, unprepared construction sites, force majeure, illness, traffic, delivery issues or other circumstances beyond our control shall extend the execution period accordingly.
If an appointment must be postponed for reasons attributable to the client, documented costs, waiting times, unnecessary travel and reserved capacities may be charged. The client reserves the right to prove that no damage or substantially less damage has occurred.
Short-notice cancellations on the day of execution or the preceding working day may result in a cancellation or travel charge if damages are incurred.
§ 10 Remuneration, Deposits and Partial Payments
Remuneration shall be based on the quotation, order confirmation or separate agreement. Unless otherwise stated, prices include statutory VAT for consumers and exclude VAT for net quotations issued to businesses.
We are entitled to request a reasonable deposit before commencement of work. Material costs, special orders and custom-made components may become due in whole or in part in advance.
Partial payments may be requested according to the value of services already rendered and contractually owed. Final payment shall become due immediately upon completion, acceptance or justified partial acceptance unless otherwise agreed.
§ 11 Acceptance and Partial Acceptance
The client is obliged to accept services that have been completed in accordance with the contract. Acceptance may not be refused due to insignificant defects.
If the service is used, commissioned, further processed or not objected to within a reasonable period with specific defect notices, this may constitute acceptance or partial acceptance to the extent permitted by law.
For larger projects, completed partial services may be accepted and invoiced separately.
§ 12 Defects, Warranty and Rectification
Statutory warranty rights shall apply. In the event of justified defects, we may, at our discretion, provide rectification or replacement performance to the extent permitted by law.
The client shall report identifiable defects as promptly and clearly as possible to enable inspection and rectification.
No warranty shall apply to damage resulting from improper use, lack of maintenance, moisture, insufficient load-bearing structures, client-supplied materials, third-party interference, normal wear and tear or subsequent modifications for which we are not responsible.
§ 13 Liability
We shall be fully liable in cases of intent, gross negligence, injury to life, body or health and where liability is required by mandatory statutory provisions.
In cases of ordinary negligence, liability shall be limited to breaches of essential contractual obligations and restricted to foreseeable, typical contractual damages to the extent permitted by law.
We are not liable for concealed cables, pipes, installations or cavities if the client has not informed us about them and they were not identifiable through ordinary care.
§ 14 Maintenance, Joints and Post-Installation Inspection
Connection joints, maintenance joints and silicone joints must be inspected regularly by the client and renewed where necessary. Maintenance joints are not permanent building components.
Following work on water-bearing connections, the client must regularly inspect such connections for leaks during the first days after installation and immediately notify us of any dripping or moisture.
If items are stored beneath sinks or within technical cabinets, care must be taken not to damage pipes, traps or connections mechanically.
§ 15 Retention of Title
Delivered goods and materials shall remain the property of Exzellentia Constructio UG (haftungsbeschränkt) until full payment has been received, to the extent legally permissible.
§ 16 Right of Withdrawal for Consumers
For contracts concluded outside business premises or through distance selling with consumers, the separate withdrawal policy of Exzellentia Constructio UG (haftungsbeschränkt) shall apply.
If the consumer expressly requests commencement of services before expiration of the withdrawal period, the proportion of services already rendered shall be compensated in the event of withdrawal.
§ 17 Data Protection
Information regarding the processing of personal data can be found in our Privacy Policy, which is available separately or upon request.
§ 18 Final Provisions
German law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
For merchants, legal entities under public law and special funds under public law, the place of jurisdiction, where legally permissible, shall be the registered office of Exzellentia Constructio UG (haftungsbeschränkt). Statutory places of jurisdiction shall apply to consumers.
If any provision of these Terms and Conditions becomes invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the applicable statutory provision.
Version: June 2026
This document does not replace individual legal advice. Special construction contracts, consumer rights or project-specific agreements remain subject to statutory provisions and separate written agreements.

