Maintenance Contract 5 Years HUMMEL Garden House

1. Object

• Address: ________________________________________________________
• Year of Completion: ________________________________________________________

2. Scope of Services

The contractual maintenance service includes the inspection of the object for its functional and safety condition by a skilled worker. The inspection consists of a visual check and, if necessary, a functional check of the installed parts according to the attached maintenance checklist (see appendix).

Minor maintenance tasks (e.g., removal of leaves, moss, or other deposits, cleaning of roof surfaces) will be carried out immediately, provided the total working time allocated for maintenance does not exceed 60 minutes.

Within two weeks after the inspection, the client will receive a maintenance report. This includes:

• A current condition report
• A list of repair works deemed necessary by the contractor (not included in the maintenance fee)
• If applicable, a corresponding cost estimate

If the necessary repair works are carried out immediately or as soon as possible after an agreement, the following hourly rate applies: https://www.hummel-blockhaus.de/de/verrechnungssaetze/

Maintenance is performed annually, preferably in November/December. Weather-related delays cannot be excluded. The maintenance appointment will be announced by phone.

3. Non-performance of Necessary Repairs

If the client rejects the repair works deemed necessary as per section 2, they cannot claim faulty advice from the contractor and bear sole responsibility for any resulting damage.

4. Prices

An annual flat rate is agreed upon for maintenance, including one inspection per year:

• 5-Year Contract: As per invoice

The maintenance fee includes:

• Up to 60 minutes of working time for the roof and components
• Travel costs
• Compensation for potential disposal costs

The full amount is due upon contract signing.

5. Duration

The contract begins with the signature of both parties and ends after:

• 60 months

Thus, on: ..______

The contract is automatically extended by one calendar year unless terminated in writing by either party at least 30 days prior to expiration. The contract may be terminated without notice for cause if one party delays its agreed and feasible services by more than two months.

6. Client Obligations

The client must ensure that all objects covered by the maintenance scope are accessible during regular working hours (07:00 to 17:00) on the agreed inspection date. If this is not the case, the contractor is released from the obligation to perform the service, but the maintenance fee remains payable.

The client must inform the contractor in advance of any known irregularities, damages, or similar issues with the object so that necessary tools, spare parts, etc., can be prepared in advance.

7. Contractor Liability

The contractor is liable for damages resulting from poor fulfillment of their obligations under the maintenance contract, in accordance with legal regulations. Liability for slight negligence is excluded.

The contractor guarantees that the employees assigned by them possess the necessary expertise and skills. Liability for consequential damages from hidden defects is excluded if these could not be identified during maintenance with due diligence.

For potential consequential damages not directly related to the actual maintenance, the contractor is only liable if their behavior was intentional or grossly negligent.

In the event of interference by unauthorized persons or third parties, the contractor is released from their performance obligation and any liability.

8. Contract Modifications

Contract modifications must be made in writing.

Both parties may request a change in the maintenance fee if the cost-of-living index for a four-person household (base year 1914) changes by more than 10 points after the contract is signed.

9. Legal Succession

In the event of legal succession for the contracting parties, the maintenance contract remains unchanged.

10. Severability Clause

This contract remains binding for both parties even if individual provisions become legally invalid.