GENERAL TERMS AND CONDITIONS
- General information
The Hartmut Doering e. K. Wirtschaftsberatung cooperates with you on the general national and international legal basis. Moreover, the following general terms and conditions apply (GTC). Modifications or any collateral agreements of these guidelines require explicitly the written consent of the management.
The general terms and conditions apply to any service delivery provided by the Hartmut Doering e. K. Wirtschaftsberatung in their fields of activities which include consulting, corporate development, project management and renewable energies.
- Offer, order & contract
Services offered by Hartmut Doering e. K. Wirtschaftsberatung are documented in written form. Basis details and information (appointments, contract terms, costs, documentation as well as any additional agreements, etc.) are individually highlighted and differentiated. Expenses and prices are based on the current offer details. As a rule, offers remain in full force and effect 14 weekdays after the date of issue. Quotations/contracts issued require a written confirmation in form of a signing of the client. Subsequent changes of the offer or of the contract also require the written form in order to be effective.
- Service provision & proof of performance
The Hartmut Doering e. K. Wirtschaftsberatung undertakes to provide the services ordered by the contract partner on a professional basis. Same applies for the beforehand contractually agreed servies. According to the contractual agreement Hartmut Doering e. K. provides a proof of performance. Usually, this takes place in a result-oriented form of documentation, in a written proof or in a presentation of results.
- Duty of cooperation of the clients
The client undertakes to support the contractor in every particular as well as to lay all necessary foundations in order to ensure a proper execution. Hartmut Doering e. K. Wirtschaftsberatung is responsible for the accordance of the illustrated information. If the client enters into default with the acceptance of the services or if it might result in a complete omission of any of the client’s participation then the contractor is allowed to demand the agreed remuneration for the failure of accomplished services as a result without being obliged to subsequent payment.
- Remuneration of the service
The remuneration is based on expenditure and / or performance. Relevant at this point are always the respective agreements of the confirmed order in writing or the agreements in the legally signed contract. The client is obliged to pay the agreed price for the contracted service. This also applies to the relevant services and expenses of the contractor to third parties. Furthermore, the contractor shall also be entitled to remuneration of ancillary costs. These include (as a rule):
- Postage and telephone costs
- Copying and binding
- Other material costs in accordance with supporting documents
The remuneration is basically effected plus the valid statutory VAT. In special circumstances, the Hartmut Doering e. K. Wirtschaftsbeartung is entitled to require a prepayment. If this is the case, the amount of the sum as well as every relevant information and dates of payment will be agreed on and noted down in the contract in advance.
- Accounting, due dates and terms of payment
Invoicing is made after conclusion of the agreed services. In general, the term of the open invoices is 5 weekdays (Monday to Friday). It is to be paid without deduction unless not agreed otherwise in writing.
In case the invoice date is exceeded and it has not been paid in spite of reminders, the Hartmut Doering e. K. Wirtschaftsberatung is entitled to charge reminder fees as well as interest in the amount of 5 % above the base lending rate of DEUTSCHE BUNDESBANK in the case of default. We reserve the right to assert further damage caused by default or actual damage. An offsetting ban is given. Invoices are not offset to each other.
- Termination and withdrawal
Contracts are to be terminated with a period of a one-month notice. An extraordinary termination is exluded from this set of rules.
The Hartmut Doering e. K. Wirtschaftsberatung is entitled to withdrawl from the contract if:
- a predefined prepayment or a partial billing is not settled on time
- predescribed grace periods do not meet their deadlines
- a conscious deception of the client occurs
In case that the Hartmut Doering e. K. Wirtschaftsberatung is unable to perform their services due to force majeure, sickness or other unforeseen circumstances then the company shall be entitled to find a replacement date within 6 weeks to perform the agreed services without any obligation to pay compensation for damages.
Also, the client shall be entitled to withdraw from the order if the customer or contractor experience further cirumstances beyond the sphere of influence which rule the remuneration of the agreed services as well as their realisation out.
The provided services are to be remunerated up to the date of termination. Both contractual partners commit to a mutual exchange of information.
- Complaints and liability
Complaints regarding the contractor’s services are immediately to be claimed in written form at latest within one calendar week.
Contractual compensation to the contractor can only be claimed for if the order fulfillment has recklessly been effected. If this is the case, the contractor shall be liable to the maximum amount of the fixed fee which has been agreed with the client for the contentious performance. Liability for the consequential damages is always excluded, unless the client has expressly stressed the nature and extent of imminent damages in written form at the latest in the extenstion notice. In the case of events / conferences in the premises or on those of third parties, Hartmut Doering e. K. will not be liable to participants in case of accidents and/or loss and damage of their property.
- Specific arrangements for events / conferences
Hartmut Doering e. K. Wirtschaftsberatung reserves itself the right to cancel events (appointments, conferences, etc.) due to important, non-influencing reasons, e. g. sickness, without resulting in legal claims.
Furthermore, the Hartmut Doering e. K. Wirtschaftsberatung is entitled to postpone events (appointments, conferences, etc.).
- Retention of title
The offered and agreed services as well as their written proof remain property of the contractor until receipt of invoice.
- Duty of confidentiality
The contractor is not time-limited obligated to maintain silence and to not pass on confidential information about trade and business secrets of the client to third parties unless possessing a written consent.
- Final provisions
Place of performance for all services is the place of business of the contractor; depending on the agreement. Same applies to the place of jurisdiction. In case, one or more provisions of these General Terms and Conditions be or become ineffective, the validity of the remaining ones will not be affected. An ineffective regulation is more likely to be replaced by a supplementary provision which is as identical in its economic purpose as possible to the invalid provision. The same applies for prevailing regulatory gaps.