Terms and Conditions Clause for Formal Acceptance, Warranty Period
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A clause in a (standard) construction contract or in general terms and conditions (TCs) stating that the contractor’s services require formal acceptance at the time of handing over the building to the client, disadvantages the contractor unreasonably, contrary to the principle of good faith. It is therefore invalid. In principle, acceptance must be declared immediately after completion of the contractor’s work. Otherwise, the acceptance and thus the due date of the work compensation would depend on an uncertain event that cannot be influenced by the contractor (Federal Court of Justice, BauR 1989, 323).
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