4. The restoration contract is concluded upon the customer’s binding, written confirmation of the order and the restorer’s written acceptance of the order. The restorer reserves the right to decide whether to accept or reject the order until a thorough examination of the art or cultural object received has been completed. Upon placing the order, the customer warrants that they are the owner of the relevant art or cultural object.

5. Illustrations, drawings and other documents forming part of the restorer’s quotations, restoration documentation or condition reports are subject to copyright.

6. Prices/Terms of Payment
Unless otherwise agreed, the restorer’s prices are exclusive of transport costs. Courier and postage costs are charged separately. Unless expressly stated otherwise, prices are exclusive of 19% VAT.
Unless otherwise agreed in writing, the purchase price is payable without deduction within 14 days of the customer’s receipt of the invoice. In the event of late payment, interest at a rate of 1.0% per month or part thereof shall be charged.

7. The customer is only entitled to set off claims – even where complaints regarding defects or counter-claims have been raised – if the counter-claims have been established by a final and binding court judgement, if they have been acknowledged by the restorer, or if they are undisputed. The customer is only authorised to exercise a right of retention if their counter-claim is based on the same restoration contract.

8. Completion and Performance Deadlines
Completion dates or deadlines which have not been expressly agreed as binding are provided for information purposes only. If the restorer is culpably unable to meet an expressly agreed deadline or falls into default for other reasons, the customer must grant the restorer a reasonable grace period – commencing on the day the restorer receives written notice of default. Insofar as the customer is entitled to set deadlines and grace periods for the restorer, these must be reasonable and fair.

9. Objects entrusted to the restorer are, as a general rule, fully insured whilst on the restorer’s premises. For items valued at less than €100,000.00, these costs are not charged separately. Risks of permanent depreciation following damage are not insurable.

10. The insured value of the work of art or cultural object must be communicated to the restorer at the earliest possible opportunity. If the restorer has not been provided with any information regarding the insured value, the estimate and assessment of the insured value shall be made to the best of the restorer’s knowledge and belief. These are not to be regarded as guaranteed characteristics. By their very nature, the values of historical objects are subject to significant fluctuations. The prices are based on those that would presumably be quoted if similar objects were to be purchased on the reputable art market.

11. Unless otherwise specifically agreed in writing when the order is placed, transport or other insurance for the work of art or cultural object shall only be arranged at the express, written request of the client. The costs of the insurance shall be borne by the client.

12. Rectification
Where there is a defect in the service for which the restorer is responsible, the client is not entitled to withdraw from the contract or to reduce the price. In such a case, the restorer is obliged to rectify the defect, unless the restorer is entitled to refuse to do so under the relevant statutory provisions. In the event of claims for rectification, the client must grant the restorer a reasonable period of time, but at least two weeks, to carry out the rectification. Whilst rectification is being carried out, the client is precluded from reducing the price, withdrawing from the contract or claiming damages. If rectification has failed after several attempts, the customer may, at their discretion, demand a reduction in price or withdraw from the contract. Minor deviations from the intended quality of the restoration, as well as minor deviations in colour and form from the intended condition of the work of art or cultural object, do not constitute defects.

13. Notification of Defects
Obvious defects must be reported in writing without delay. Damage caused in transit must be reported to the carrier immediately. Notifications of defects and claims by the customer must be made in writing.

14. Collection
Unless expressly agreed otherwise, the work of art or cultural object must be collected from the restorer within three weeks of the agreed work being completed or following rejection of the commission. After the three weeks have elapsed, the client may be charged storage costs for each week or part thereof.

15. Restorer’s Lien/Right of Retention
The restorer is entitled to a contractor’s lien (Section 647 of the German Civil Code (BGB)) on the work of art or cultural object that has come into their possession, in respect of their claims arising from the restoration contract. The restorer is entitled to refuse to release the object until their claims have been paid in full.

16. Failure to Collect/Realisation
If the client fails to collect the object despite being requested to do so and a deadline of at least four weeks having been set, the restorer is entitled to store the object at the client’s expense or, following prior written notice, to realise it in accordance with statutory provisions and to pay the proceeds to the client after deducting the restorer’s claims and the costs of realisation.

17. Severability clause
Should any individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the relevant statutory provision.