Fuchs und Consorten Unternehmensberatung GmbH
Fuchs & Consorten Unternehmensberatung GmbH
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General Terms and Conditions of Business
§1 Scope of validity
Our General Terms and Conditions of Business apply to all business transactions with our customers, hereinafter referred to as clients. Our General Terms and Conditions are automatically accepted by clients when placing any order with us. They apply throughout the commercial relationship.
§2 Ordering and performance
2.1 The respective consulting agreement or written order placed by the client in which the scope of contractual services and payment for same are laid down is the basis of the commercial relationship.
2.2 The client may place orders with us by telephone, post, fax or by e-mail.
We also accept informal orders. The client will be sent order confirmation by e-mail after receipt of same. The order is legally accepted when said confirmation is sent and the consulting agreement is then thus made. Said confirmation dictates the delivery date.
2.3 Where necessary we consult external advisors known to us for many years. The commercial relationship remains however, between us and the client unless otherwise agreed.
2.4 Updating and amending of offers and orders will be mutually agreed between the parties in writing and become part of the contractual relationship as supplementary agreements.
§ 3 Prices
All our prices are net excluding 19% VAT.
§4 Payment and due dates
4.1 Payment for each and every service rendered by us is legally due when same is rendered. All services not expressly agreed as being included in the price must be paid for additionally.
4.2 The invoiced amount becomes due and payable ten days after receipt of the invoice.
4.3 The client is in arrears without our having to advise this if payment is not made within thirty days of the due date and receipt of the invoice. We are then entitled to demand interest for arrears at the legal rate.
4.4 The client may not set off or withhold similar claims unless same are res judicata and undisputed. The right of retention of dissimilar claims is restricted to those arising out of the same contractual relationship.
§5 Delivery periods and dates
5.1 Delivery periods and dates are only advisory and given to the best of our knowledge and belief. Contractual performance begins as agreed with the client.
5.2 Non-adherence to any delivery date only entitles the client to assert legal rights after the client has first set us an appropriate period of grace.
§6 Client's duty of cooperation
The client will make all documentation, information and material needed to perform an order available to us.
§7 Confidentiality provision
We are obliged to maintain confidentiality on all business, commercial and private matters of which we acquire knowledge whilst rendering our consulting services. This duty applies equally to all our vicarious agents. It remains in effect after expiry of this agreement and may only be waived by the client in writing. We are also obliged to take proper care of everything sent us to enable us to render our consulting services and protect same against access by third parties. No documentation, material and information or the like sent us by the client will be returned.
§8 Liability
8.1 We accept liability in case of deliberate act or gross negligence in law. Liability for guarantees is independent of culpability. We only accept liability for minor negligence under German product liability law, in the event of injury to life or limb or of breach of any major contractual duty. Liability for breach of any major contractual obligation due to minor negligence is limited to predictable damage typical in such cases other than in cases of liability for injury to life or limb. We accept liability in the same scope for our vicarious agents and representatives.
8.2 The foregoing paragraph (8.1) covers damages ancillary to performance, damages instead of performance and replacement of wasted costs regardless of legal reason including liability for defects, delay and impossibility.
§9 Defect complaint
9.1 An order is finally performed provided the client doesn't advise within ten days of its performance of any objective defect/s in such performance.
9.2 Should the client query a service in its entirety then said complaint must be supported by a professional expertise from a third party.
9.3 We must be given the opportunity of remedy in the event of complaint. If such remedy is proven unsuccessful then the client has the right to reduce the price or withdraw from the contract. Liability is always restricted to the value of the order/s affected. We cannot accept any liability whatsoever for breaches of copyright or for claims by third parties.
9.4 The individually agreed delivery date is to be considered as a guideline, should delivery be unreasonably delayed and we be unable to meet any reasonable later date set by the client in writing then the client shall be entitled to withdraw from the contract.
§10 Separability clause
Should any provision herein be or become null and void for any reason whatsoever this shall not affect the remainder. Any such provision will be replaced by the parties with a legally effective one coming as close to their original intentions as possible.
§11 Applicable law
All legal relations between ourselves and the client are governed solely by German law.
§12 Place of performance and of jurisdiction
12.1 Place of performance is our head office location in Dusseldorf.
Place of judicature for all disputes arising directly or indirectly between the parties is the court holding jurisdiction over our head office location in Dusseldorf.
[Download general terms and conditions of business here as pdf]
Fuchs & Consorten
Unternehmensberatung GmbH
Düsseldorfer Str. 90
40545 Düsseldorf
Germany
Phone: +49 (0)211 58 58 99 86
E-Mail: info@fuchsconsorten.de
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