{"id":2632,"date":"2026-03-19T12:59:54","date_gmt":"2026-03-19T11:59:54","guid":{"rendered":"https:\/\/www.zrw-berlin.de\/terms-and-conditions\/"},"modified":"2026-06-23T13:06:09","modified_gmt":"2026-06-23T11:06:09","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/www.zrw-berlin.de\/en\/terms-and-conditions\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"

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\r\n \"Terms <\/div>\r\n
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\r\n Terms and Conditions <\/h2>\r\n <\/div>\r\n\r\n <\/div>\r\n <\/div>\r\n<\/div>
<\/div>[\/vc_column][\/vc_row][vc_row el_class=”container-padding”][vc_column width=”1\/3″][\/vc_column][vc_column width=”1\/3″][vc_single_image image=”2155″ img_size=”245×82″ css=””][\/vc_column][vc_column width=”1\/3″][\/vc_column][\/vc_row][vc_row][vc_column]
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\n zrw Berlin <\/div>\n
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\n Terms and Conditions <\/h2>\n <\/div>\n <\/div>
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Terms and Conditions<\/h1>\n

(As of March 17, 2021)<\/em><\/p>\n

Scope of Application & General Information<\/h2>\n
    \n
  • These Terms and Conditions apply to all contracts concluded with \u201cZRW \u2013 Zentrale Restaurierungswerkstatt Berlin\u201d (hereinafter referred to as \u201cZRW Berlin\u201d). These General Terms and Conditions apply exclusively. Any conflicting provisions and other general terms and conditions of the contracting party are hereby expressly rejected. Such provisions shall only become legally binding upon express written acceptance by ZRW Berlin. <\/li>\n
  • These Terms and Conditions apply\u2014subject to any amendments to the Terms and Conditions\u2014to future business relationships as well, even if they are not expressly agreed upon again. In the event of any subsequent changes to the Terms and Conditions that have already been incorporated, the most recent version shall always be deemed to have been agreed upon. <\/li>\n
  • Verbal side agreements must be documented in writing for evidentiary purposes. Any changes to these terms and conditions, including this confirmation clause, as well as the agreement or modification of delivery dates or deadlines\u2014which may be agreed upon as binding or non-binding\u2014must always be confirmed in writing by ZRW Berlin. <\/li>\n
  • To the extent that products or services from third-party manufacturers are provided under the terms of this contract, their terms and conditions shall apply on a supplementary and subordinate basis. ZRW Berlin shall expressly notify the customer of this in each instance and make the terms and conditions available. <\/li>\n<\/ul>\n

    Offers, Conclusion of Contracts<\/h2>\n
      \n
    • Offers made by ZRW Berlin are subject to change and non-binding unless they are expressly confirmed as binding. The general pricing provisions set forth in Section 4 of these Terms and Conditions apply. <\/li>\n
    • The contract becomes effective upon signature by both parties.<\/li>\n<\/ul>\n

      Scope of Services<\/h2>\n
        \n
      • ZRW Berlin offers services in the field of conservation and restoration (antique and modern furniture, wooden objects, sculptural works, and wooden interior furnishings). It provides its services in accordance with the client\u2019s wishes and specifications. Instructions, guidance, and training are only part of ZRW Berlin\u2019s scope of services if this has been expressly agreed upon. <\/li>\n
      • Requests for changes and additions are subject to Section 6 of these Terms and Conditions.<\/li>\n
      • ZRW Berlin is always entitled to make partial deliveries. For the purpose of fulfilling the contract, the client shall provide ZRW Berlin with the necessary historical and modern furniture, wooden objects, sculptural works, wooden interior furnishings, and other materials and information. <\/li>\n<\/ul>\n

        Prices and Payment<\/h2>\n
          \n
        • Services provided by ZRW Berlin shall be paid for in accordance with the agreed amounts, which must be specified in the offer\/specifications. The payment schedule is also specified in the proposal\/specifications. Shipping costs, transportation costs, and other incidental services are not included in the price unless otherwise agreed upon in the proposal\/specifications. <\/li>\n
        • Additional services not included in the proposal or specifications shall be compensated separately. This applies in particular to additional work resulting from\n
            \n
          • the necessary and reasonable use of third-party services,<\/li>\n
          • Tests, examinations, instrumental analyses, research services, and legal reviews commissioned by the client.<\/li>\n<\/ul>\n<\/li>\n
          • In the event of late payment by the client, ZRW Berlin is entitled to charge commercial customers a flat-rate late payment penalty of 10 percent interest per annum. The client has the right to prove that ZRW Berlin incurred no damages, or only lower damages, as a result of the delay. <\/li>\n<\/ul>\n

            Security Interest in Retained Title<\/h2>\n
              \n
            • The subject matter of the contract shall remain the property of ZRW Berlin until the claim arising from the individual contract has been satisfied and the agreed payment has been made in full. If the customer is granted the right to use items covered by the contract that were created by ZRW Berlin, these rights of use are always granted subject to the condition precedent that the customer fully compensates ZRW Berlin for its services. If the right of retention of title to the contractual items expires (in particular due to resale, combination, processing, etc.), it shall be replaced by the new item or the resulting claim. <\/li>\n
            • In the event of a breach of contract, particularly in the event of an express refusal to pay, default in payment, or imminent insolvency\u2014including with respect to other and future services and deliveries\u2014or in the event of a deterioration in the client\u2019s financial situation, ZRW Berlin is entitled to assert its retention of title by taking back the contractual items or suspending the contractual services.<\/li>\n<\/ul>\n

              Deadlines and Obstacles to Performance<\/h2>\n
                \n
              • Delivery dates or deadlines must be in writing to be binding. If the client\u2019s cooperation is required or agreed upon for ZRW Berlin to perform its services, the delivery period shall be extended by the amount of time the client failed to fulfill this obligation. A separate notification from ZRW Berlin to the customer regarding this matter is not required in each individual case and will not be provided. In the event of delays resulting from\n
                  \n
                • Changes to the client’s requirements,<\/li>\n
                • failure by the Client or its agents to deliver the necessary documents and\/or contract items in a timely manner, or<\/li>\n
                • If the client fails to provide written approval, the delivery or service deadlines shall be extended accordingly.<\/li>\n<\/ul>\n<\/li>\n
                • To the extent that ZRW Berlin is unable to perform its contractual obligations, or is unable to do so on time, as a result of labor disputes, force majeure, or other circumstances beyond its control, ZRW Berlin shall not be liable for any resulting damages incurred by the contracting party.<\/li>\n
                • If the client requests changes or additions that are not merely minor in scope, any dates and deadlines based on the original scope of the contract shall no longer be valid. ZRW Berlin will notify the contracting party of this. <\/li>\n<\/ul>\n

                  Changes to the Proposal\/Specifications<\/h2>\n
                    \n
                  • The Client may request changes and\/or additions to the requirements specification up until final acceptance. In such a case, ZRW Berlin will suspend work and assess whether the change is technically feasible and reasonable in light of ZRW Berlin\u2019s operational capacity, and whether its implementation would result in additional costs and time for ZRW Berlin that were not previously factored in. <\/li>\n
                  • If, in ZRW Berlin\u2019s view, the additional effort is disproportionate in relation to the agreed terms, the contracting parties shall negotiate an amendment to the contract within 14 days of receiving ZRW Berlin\u2019s written statement. If an agreement cannot be reached within the aforementioned period, ZRW Berlin will perform the contract without taking the request for amendment into account. The client\u2019s right to terminate this contract pursuant to \u00a7 649 BGB remains unaffected. <\/li>\n<\/ul>\n

                    Acceptance<\/h2>\n
                      \n
                    • The Client shall confirm acceptance of the services or partial services provided by ZRW Berlin by submitting a declaration of acceptance. The services provided by ZRW Berlin shall be deemed accepted if\n
                        \n
                      • it has notified the customer of its refusal to accept the goods, emphasizing the significance of the customer’s failure to issue a declaration of acceptance, and<\/li>\n
                      • if the client does not, within a period that allows the client to identify material defects upon conducting the required careful inspection\u2014but no later than 10 business days\u2014declare acceptance or refuse acceptance by specifying the defects in as much detail as possible,<\/li>\n
                      • or if the client has already used the work or parts thereof for third parties without further review, provided that the non-acceptance is not due to a material defect in the services provided by ZRW Berlin.<\/li>\n<\/ul>\n<\/li>\n
                      • If the client does not notify the contractor of its willingness to accept the services, the date on which the client should have become aware of the services shall apply in lieu of the date of such notification.<\/li>\n<\/ul>\n

                        Obligation to Cooperate<\/h2>\n
                          \n
                        • The client shall provide, in a timely manner, the necessary historical and modern furniture, wooden objects, sculptural works, wooden interior furnishings, as well as materials\u2014particularly the wooden and metal parts and fittings to be used, samples to be examined for analysis, restoration plans, and documentation\u2014in a timely manner.<\/li>\n
                        • To the extent that ZRW Berlin provides the client with drafts and\/or test versions of inventory records, findings reports, analysis results, restoration concepts, documentation, and\/or cost estimates to the client, specifying a reasonable deadline for the client to verify their accuracy and completeness, the drafts and\/or test versions shall be deemed approved upon expiration of the deadline, provided that ZRW Berlin does not receive a request for corrections.<\/li>\n
                        • The client is responsible for providing sufficient resources and information in accordance with its obligation to cooperate. The client will ensure that the necessary number of competent employees\u2014with expertise in the relevant technical and, where applicable, analytical fields\u2014is available. <\/li>\n
                        • Should any errors or disruptions occur, the Client shall immediately notify ZRW Berlin in writing, specifying the time and details of the error, as well as the name and contact information (phone number, email) of the employee who reported the issue and is responsible for it.<\/li>\n
                        • The client must also notify ZRW Berlin in writing of any requested changes to ensure that they are implemented correctly.<\/li>\n<\/ul>\n

                          Copyrights<\/h2>\n
                            \n
                          • ZRW Berlin may, as necessary, also make use of third-party services (such as wood and furniture restoration, inventory surveys, condition assessments, instrumental analyses, restoration plans, documentation, and\/or cost estimates), which can only be transferred to the client for a limited period of time. This limited transfer may, among other things, result in third-party materials no longer being available or being available under significantly altered conditions over which ZRW Berlin has no control. In such cases, ZRW Berlin will make every effort to use similar materials. <\/li>\n
                          • ZRW Berlin may bill the client for the cost of third-party materials by submitting the supplier\u2019s invoice, plus a 15% service charge.<\/li>\n
                          • The client may use third-party material only in connection with and strictly in accordance with ZRW Berlin\u2019s guidelines. If ZRW Berlin faces a claim from the provider of the third-party material because the material was not used in accordance with these guidelines, the client shall be obligated to compensate ZRW Berlin for any resulting damages. <\/li>\n
                          • The client is obligated to inform ZRW Berlin of any unauthorized use of the material\u2014such as inventory surveys, condition assessments, instrumental analyses, restoration plans, documentation, and\/or cost estimates, of which it becomes aware, and to take legal action against any infringer of industrial property rights or to assist ZRW Berlin in doing so.<\/li>\n
                          • If the client becomes aware of any infringements of usage rights resulting from ZRW Berlin\u2019s services\u2014for example, through cease-and-desist letters from third parties\u2014the client shall notify ZRW Berlin immediately.<\/li>\n<\/ul>\n

                            Warranty<\/h2>\n
                              \n
                            • Defective deliveries or services will be repaired or replaced by ZRW Berlin upon notification by the client, up until the time of completion.<\/li>\n
                            • ZRW Berlin will remedy any defects free of charge or provide the client with a free rework of the wood or furniture restoration. Any additional expenses will be billed on a time-and-materials basis. <\/li>\n
                            • Under unfavorable circumstances, multiple corrective actions may be necessary. Defects are defined as deviations of the work performed or services provided from those agreed upon in the specifications, to the extent that such deviations impair the suitability of the work or services for the agreed-upon use. <\/li>\n
                            • Claims for defects do not apply if the defect is only minor\u2014that is, if it does not, in particular, have a significant impact on the agreed-upon use.<\/li>\n
                            • If the remedy fails within a reasonable period set by the client for such remedy, the client may demand rescission of the contract or a reduction in the contractually agreed consideration.<\/li>\n
                            • The client must notify ZRW Berlin in writing of any obvious defects that an average user would readily notice within 10 business days of delivery. Defects that are not obvious must be reported to ZRW Berlin in writing within 10 business days of their discovery, in accordance with the form specified above. Otherwise, claims arising from these defects cannot be asserted. <\/li>\n<\/ul>\n

                              Liability<\/h2>\n
                                \n
                              • ZRW Berlin bears unlimited liability for legal defects, warranties, and material obligations. This also applies to liability under the Product Liability Act, as well as to intentional breaches of duty by ZRW Berlin, its legal representatives, and its agents. <\/li>\n
                              • In the case of breaches of duty resulting from gross negligence, liability is limited to the foreseeable damages typical for this type of contract.<\/li>\n
                              • Liability for loss is limited to the typical cost of restoration.<\/li>\n
                              • Liability for slight negligence is excluded to the extent permitted by law in each individual case.<\/li>\n<\/ul>\n

                                Data Protection and Confidentiality<\/h2>\n
                                  \n
                                • ZRW Berlin stores the client’s data (e.g., address and bank account information) required for contract initiation and processing.<\/li>\n
                                • Connecting a network to the Internet creates the potential for data misuse. The client must therefore protect sensitive data in particular from unauthorized access by implementing its own security measures. <\/li>\n
                                • Both parties to the contract shall treat as confidential any information marked as confidential that comes to their attention in connection with the contract.<\/li>\n<\/ul>\n

                                  Announcements<\/h2>\n
                                    \n
                                  • To the extent that the contracting parties communicate via electronic mail (e-mail), they acknowledge the full legal validity of the declarations of intent transmitted in this manner, subject to the following provisions.<\/li>\n
                                  • The email must include the sender’s name and email address, the time it was sent (date and time), and the sender’s name repeated at the end of the message.<\/li>\n
                                  • Confidentiality cannot be guaranteed for data transmitted unencrypted over the Internet. Upon request by the other party, each contracting party shall provide a mutually agreed-upon encryption system on its end. <\/li>\n
                                  • An email received in accordance with the foregoing provisions shall, subject to proof to the contrary, be deemed to have been sent by the other party. The binding nature of the email\u2014and thus the written form requirement\u2014applies to all declarations arising from the ordinary performance of the contract. However, the written form requirement does not apply to notices of termination or to declarations that a contracting party expressly requires to be in writing, notwithstanding this agreement. <\/li>\n<\/ul>\n

                                    Place of Jurisdiction<\/h2>\n
                                      \n
                                    • The exclusive place of jurisdiction is Berlin, to the extent that this can be validly agreed upon.<\/li>\n<\/ul>\n

                                      Governing Law, Place of Performance<\/h2>\n
                                        \n
                                      • The contracting parties agree that German law shall govern all legal relationships arising from this contractual relationship.<\/li>\n
                                      • Berlin is agreed upon as the place of performance for all mutual obligations arising from the contract.<\/li>\n<\/ul>\n

                                        Final Provisions<\/h2>\n
                                          \n
                                        • If any provision of these General Terms and Conditions is or becomes invalid, the remaining provisions shall remain in full force and effect.<\/li>\n
                                        • Amendments and additions to the applicable provisions of the contract are effective only if they are set forth in a supplementary agreement signed by both parties.<\/li>\n
                                        • The Client must obtain ZRW Berlin\u2019s written consent to assign its rights under the contractual relationship. The Client may set off claims against ZRW Berlin only with claims that have been acknowledged by ZRW Berlin or have been legally established. <\/li>\n<\/ul>\n

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