General Terms and Conditions (GTC)
JoKa Mount GmbH | Status: May 2026
I. General and Scope
These General Terms and Conditions apply exclusively to contracts with entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law, and special funds under public law.
They shall also apply to all future business relationships.
Any terms and conditions of the Client which deviate from or conflict with these GTC shall not be accepted unless expressly agreed in writing.
Where applicable, the provisions of the BSK and the ADSp shall apply in addition.
II. Offers and Formation of Contract
All offers are made without obligation and are non-binding.
A contract shall be formed upon written order confirmation or by commencement of performance.
Only the management or branch management are authorised to conclude or amend contracts.
Other employees, including installation personnel, are not authorised to represent the Company.
III. Prices, Payment Terms and Invoicing
All prices are stated in Euro, exclusive of applicable statutory VAT.
Payment terms: Invoices are payable within 21 days from the invoice date without deduction.
Invoicing: All invoices and accounting correspondence shall be issued electronically to: rechnung@jokamount.de
Expenses: Travel, accommodation and subsistence costs shall be charged separately on a time and materials basis unless otherwise agreed.
In the event of late payment, default interest shall be charged in accordance with Section 288 BGB.
The Client may only set off claims that are undisputed or have been finally determined by a court of law.
IV. Delivery and Performance
Delivery and performance dates shall only be binding if expressly agreed in writing as fixed dates.
Compliance with agreed deadlines is conditional upon the Client’s timely and complete cooperation.
Events of force majeure shall entitle us to a reasonable extension of time.
V. Performance of Work and Client Obligations
We reserve the right to engage qualified personnel, use our own tools, and appoint subcontractors.
The Client shall provide all necessary information, obtain required approvals, and ensure unrestricted access to the work areas, including provision of electricity and water at no cost.
Any delays, interruptions, or waiting times not attributable to us, including those caused by missing approvals, shall be chargeable as working time.
VI. Acceptance
Upon completion of the services, the Client shall accept the work without undue delay.
The work shall be deemed accepted if the Client uses the work or fails to notify material defects in writing within 12 working days of completion.
VII. Retention of Title
Title to all delivered materials and components shall remain with us until all claims arising from the business relationship have been settled in full.
VIII. Warranty
The Client must notify defects in writing without undue delay in accordance with Section 377 HGB.
The limitation period for defect claims shall be 12 months from acceptance. Statutory limitation periods shall apply to construction works.
Where a defect is duly notified, we shall be entitled to remedy the defect or provide replacement performance at our discretion.
If such remedy fails twice, the Client may reduce the price or withdraw from the contract.
IX. Liability
We shall be liable without limitation for intent, gross negligence, and personal injury.
In cases of ordinary negligence, liability shall be limited to breaches of essential contractual obligations and to the foreseeable loss typical for the contract.
Liability for loss of profit, production downtime, or indirect and consequential losses is excluded.
In all other cases, liability shall be limited to the coverage provided under our public liability insurance, up to EUR 10,000,000.
X. Final Provisions and Data Protection
The place of performance and exclusive jurisdiction shall be the registered office of JoKa Mount GmbH, provided the Client is a merchant.
These Terms shall be governed by German law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Personal data shall be processed in accordance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
Further details are set out in our Privacy Policy.