Terms of service

Polish & Protect GmbH & Co. KG
Deichstrasse 29
22880 Wedel
Managing Director: Ralf Lagerbauer
Telephone: +49 4103 9172 21
Fax: +49 4103 91 72 18
e-mail: ralflagerbauer@yachtlackierung.de
Internet: www.yachtlackierung.de
Authorised representative Managing Director: Ralf Lagerbauer
Registration court Pinneberg HRA 7804 PI
VAT ID: DE 3069 28072

Disclaimer
Polish&Protect GmbH & Co. KG accepts no responsibility or liability for information created or published by third parties that is accessed via hyperlinks or other connections on or via the www.polish-protect.de website.
Imprint created with Webimpressum-Assistent Net & Law
Webimpressum-Assistent

Note on Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Inc. ("Google") Analytics uses "cookies", which are text files placed on your computer, to help the website analyse how users use the site.
The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of analysing your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage.
Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.
By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

Information on the Packaging Act
Registration number in the Packaging Register: DE1136942179299
Licensing: Lizenzero number 17785

General Terms and Conditions of Polish & Protect GmbH & Co. KG

I. Conclusion of contract
1. Offers of Polish & Protect GmbH & Co. KG (hereinafter referred to as ‘P&P’) are always subject to change and non-binding. If P&P expressly submits an offer in writing as ‘binding’, it shall be bound by it for 30 calendar days.
2. The contract must be in writing. If it is not concluded in a single document signed by both the customer and P&P, it shall only come into effect when the customer places the order in writing and P&P confirms the order in writing.
3. Collateral agreements, amendments and supplements shall only be valid if they have been recorded and signed by P&P and the customer. The same shall apply to agreements on the quality of the service to be provided.
4. If the boat to be converted and/or repaired is not or not solely owned by the customer, the customer shall inform P&P of this in writing without being requested to do so when the contract is concluded. The customer shall also inform P&P immediately in writing of any changes in the ownership of the boat occurring after conclusion of the contract.

II Price and payment conditions
1. The agreed prices apply to delivery ex P&P. The agreed price shall be payable without deduction. Instalments shall be due as agreed. Delivery cannot be demanded before the agreed price has been paid in full, unless written agreements to this effect have been made.
2. Offsetting by the customer with counterclaims is excluded unless these are undisputed or have been recognised by declaratory judgement.

III Retention of title/right of lien
1. Until full payment of all claims to which P&P is entitled against the customer at the time of delivery under this contract or other services and/or deliveries and which relate to the contractual vehicle, the customer shall grant P&P the securities listed below. If the total value of the security provided for various items exceeds the value of P&P's claim by more than 10%, P&P shall, at the customer's request, release one or more items from the security at its discretion.
2. To the extent that accessories are supplied by P&P or installed by P&P in the boat, these shall remain the property of P&P (hereinafter referred to as ‘reserved goods’). The same shall apply if parts are supplied by P&P or installed by P&P in the boat and these are only to be regarded as insignificant components of the boat after installation.
3. If P&P's ownership of the parts expires in accordance with Section 947 II (2) BGB, P&P and the customer hereby agree that the customer's ownership of the uniform items shall pass to P&P (Section 929 II BGB) to the extent that this corresponds to the value of the installed parts plus labour costs (invoice value).
4. The customer may not sell the boat without P&P's consent before the retention of title expires. The customer hereby assigns to P&P all claims arising from the resale of the boat, insofar as this corresponds to the value of the installed parts and the amount of the labour costs of the services rendered by P&P. P&P hereby accepts this assignment. P&P accepts this assignment.
5. In the event that third parties seize the reserved goods, the customer shall draw attention to P&P's ownership and notify P&P immediately.

IV. Delivery date
1. If a delivery period has been agreed, it shall commence upon conclusion of the contract.
2. If the scope of work or services changes or expands compared to the original contract at the request of the customer, the originally agreed delivery period shall lose its validity. The customer may, however, demand that a new delivery period be set which is adapted to the scope of the change or extension.
3. The customer shall not be entitled to demand compliance with the agreed delivery period if he fails to fulfil his obligations to cooperate or fails to do so at the agreed time or - if no such time is specified - fails to do so immediately upon written request by the shipyard and this in turn prevents P&P from rendering its performance. The same shall apply if the customer is in default with its payment obligations.
4. If the delivery period is extended for reasons for which P&P is not responsible, P&P shall inform the customer thereof without undue delay.

V. Transport
1. The boat on which repair or conversion work is to be carried out shall be delivered to P&P by the customer at his own expense and collected there again after the work has been carried out. Any transport of the boat to or from P&P at the customer's request - including any packing and/or loading - shall be at the customer's expense. P&P shall not be obliged to arrange for the removal of the boat until the agreed price and all transport, packaging and loading costs already incurred or to be incurred have been paid in full.
2. The customer shall bear the risk of transport in the event of delivery or removal, unless PWN undertakes the transport. In this case, however, P&P shall only be liable for its own intentional or grossly negligent behaviour. This shall also apply to any liability for its vicarious agents, unless material obligations are affected.
3. P&P shall only take out transport insurance for the transport at the special request of the customer and only in the customer's name and for the customer's account. P&P recommends taking out transport insurance.

VI Warranty
1. If P&P's work or service is defective, the customer's rights shall be limited to the fact that the customer may only demand rectification of the defect.
2. within the scope of subsequent fulfilment, P&P may in any case remedy the defect itself or have it remedied by a third party commissioned by it. The rectification of defects shall be carried out exclusively at P&P's premises. The customer shall bear the costs incurred for the transport of the object of the contract for work and labour, in particular the transport and crane costs as well as the costs for unrigging and rigging.
3. The customer's warranty claims shall lapse if they relate to defects in parts on which the customer or a third party has interfered without P&P's consent and defects have been caused as a result, unless the customer refutes P&P's substantiated claim that the interference caused or aggravated the defect. They shall also lapse if the customer fails to keep the defective parts available for inspection by P&P in the condition in which they were at the time the defect was discovered.
Finally, they shall lapse insofar as the defect(s) relate to a part manufactured by a specific third party and the customer refuses to give its consent to replace this part with an equivalent part manufactured by another party.
4. P&P accepts no liability for damage caused by the following reasons:
Incorrect assembly or commissioning by the customer or third parties authorised by the customer, unsuitable or improper use, natural wear and tear, incorrect or negligent handling - in particular excessive stress - use of operating materials and replacement materials that do not comply with the operating instructions, chemical, electrochemical and/or electrical influences, unless they are attributable to the fault of P&P.
5. Warranty claims shall be excluded if P&P has complied with a special instruction of the customer with regard to the design or the material to be used and if P&P has informed the customer in writing of the exclusion of warranty when issuing the instruction.
6. The customer's warranty claims shall lapse within 2 years of delivery.

VII Liability
1. Claims for damages by the customer, in particular from unauthorised acts, are excluded both against P&P and against its vicarious agents, unless they are based on intent or gross negligence on the part of P&P and/or its vicarious agents. In particular, this includes claims by the customer for damage caused when the boat is being slipped on or off or during its transport on the boatyard premises, as well as for damage caused by theft, burglary, fire, storm, etc.
2. If P&P is liable for slight negligence, the claim for compensation shall be limited to the insured value at the time of conclusion of the contract or, in the absence of such, to the current value.
3. Liability of P&P for consequential damages shall be excluded, except in cases of wilful intent or gross negligence, or where the assurance of certain characteristics is intended to protect the customer against consequential damages.

VIII. Insurance
P&P shall not insure the boat and its accessories against theft, fire, etc. during the conversion or repair work. The customer is therefore advised to take out hull insurance.
IX Own and external work
The customer shall only be authorised to carry out other work on his boat with P&P's consent. External craftsmen may only enter P&P to carry out repair or maintenance work with P&P's express authorisation. Third-party boats may not be entered.

X. Place of fulfilment/place of jurisdiction
If the customer is a merchant or a legal entity under public law, the place of fulfilment for all mutual claims arising from this contract shall be the registered office of Polish & Protect GmbH & Co. KG.