§ 1 General sphere of action
Our general terms and conditions (GTC) are to be applied for the whole
business operations with our customers, hereinafter indicated as
“customers”. By job submission, the GTC are automatically accepted by
the customer. They are valid for the duration of the business
§ 2 Job submission and performance
2.1 Base of the business relationship is the actual consultancy
agreement respectively the customer’s written order for us in which the
scope of services as well as the payment are recorded.
2.2 The customer has the possibility to place orders by phone, by mail,
by fax or by e-mail: we also accept formless orders. After receipt of
the order, the customer will receive – either by e-mail or by mail – an
order confirmation. With this order confirmation, the order counts as
accepted and the consultancy agreement is in action. This order
confirmation is applicable for the delivery date.
2.3 If required, we will call in external consultants, expert
third-party or other subcontractors which are known to us by long-term
cooperation. In these cases, the business relationship remains between
the customer and us as far as no other conditions are agreed..
2.4 Updates and changes of offers and orders will be stipulated in
written form by both parties and will be an additional part of the
contractual relationship between us and the customer.
§ 3 Prices
The prices are to be taken as net plus the actual value added tax of 19 %.
§ 4 Payment and due date
4.1 Our claim for payment of the price arises for every single service
as soon as this service was performed by us. All services performed by
us, particularly those not revealed as fixed in the price, are
supplementary work and therefore are to be paid as extras.
4.2 As soon as the customer receives the invoice, the payment will be due within 14 days.
4.3 Without overdue notice given by us, the customer will also be in
default if payment is not made within 30 days after due date and receipt
of the invoice. In this case, we are authorized to charge interest for
the default, which amounts to the statuatory interest rates.
4.4 The customer is only entitled to compensation and withholding
payment of similar demands if these are legally ascertained and
undisputed. For disparate demands, a right of retention is restricted to
claims of the actual contract.
4.5 With regard to cancellations of ordered services the following payments will become due:
Cancellation until 30 days before start of the event: no fee
Cancellation 30 days until 14 days before start of the event: 50 % fee
Cancellation under 14 days before start of the event: 80 % fee
§ 5 Copyrights
Prepared working folders and documents are subject to copyright and are
at no time and under no circumstances to be reproduced
photomechanically or electronically. They are only intended to be used
by the customer and are not to be forwarded to a third party.
§ 6 Customer’s duty to collaborate
The customer provides us with all documents, information and materials necessary for the execution of the order.
§ 7 Obligation of secrecy
We are engaged to maintain silence on behalf of all operational,
commercial or private matters known to us within the scope of the
consultancy work. This obligation of secrecy is equally effective for
our subcontractors. The obligation of secrecy is also applicable after
expiration of the contract and can only be lifted in written by the
customer. Furthermore, we are obliged to carefully keep the surrendered
documents needed for the consultancy work and to restrict the right of
access to third parties.
§ 8 Liability
8.1 The consultancy company is liable to legal requirements in cases of
deliberate action and gross negligence. The liability for guarantees
takes place regardless of culpability. The consultancy company is liable
for ordinary negligence due to the regulations of the product liability
law, with regard to injury to life, body or health or with regard to
breach of fundamental contractual obligations. Compensation claim,
however for ordinary negligence of breach of fundamental contractual
obligations is restricted to the predictable and for the typical
contract damage as long as there is no liability regarding injury to
life, body or health. For fault of subcontractors and representatives
the consultancy company is liable to the same full extent.
8.2 The provisions of the previous paragraph (8.1) ranges from
compensation claims involving performance, compensation claim instead of
performance and the claim for indemnification due to waisted
expenditure, irrespective of the legal basis, including liability due to
defects, default or impossibility.
§ 9 Notice of defects
9.1 If the customer does not report to us any objectively existing,
serious defects within seven (7) days after execution of the order, then
the order is to be considered as finally concluded.
9.2 If the customer fully questions a service, this defect has to be
substantiated by a legitimate counter-opinion drawn up by a third party.
9.3 If a notice of defects is drawn up, a possibility for amendment has
to be submitted to us. If this amendment stays without verifiable
success, the customer has a right to deterioration and redhibition. In
any case, however, liability is restricted to the amount of the relating
order. We do not assume liability based on infringement of copyright or
claims of third parties.
9.4 If the delivery date has exceeded to an unreasonably long time –
here the individually stipulated delivery time is the benchmark – and if
we are not able to comply with the written request within the
reasonable time, given to us by the customer, then the customer is
entitled to rescind the contract.
§ 10 Clause with respect to sects
Our operation principle is based on a profound academic foundation and
not on ideology or sect cult. Therefore, we repudiate ourselves in the
strongest terms from organizations such as Scientology or suchlike. We
refuse any cooperation with Scientology or alike or associated
§ 11 Salvatorius Clause
If one clause of these general terms and conditions shall become void,
all the other clauses will not be affected hereby. The void clause shall
be substituted by a clause which is – within the frame of legal
legitimacy – nearest to the will and interest of both parties.
§ 12 Applicable law
Only German law is to be applied to the legal relationships between the customer and us.
§ 13 Place of execution and jurisdiction
13.1 Place of execution is the registered office of our company in Rohrbach.
13.2 As place of jurisdiction for all collateral or direct
controversies occurring between us and the customer, the local
authorized court of Landau is agreed.