GENERAL TERMS AND CONDITIONS
for services of the company (service contract)
CVEP GmbH
Gewerbegebiet Ost 35
92353 Postbauer-Heng
Tel. +4991883058233
Email info@cvep.de
1. SCOPE OF APPLICATION
1.1 The following general terms and conditions apply to all legal transactions between the service company CVEP GmbH - hereinafter referred to as the service provider - and its contractual partner - hereinafter referred to as the client.
1.2 Amendments to these terms and conditions made by the service provider and published online on the service provider's website shall be deemed approved unless the client objects in writing. The client must send the objection to the service provider within 2 weeks of publication of the changes.
2. SUBJECT MATTER OF THE CONTRACT
2.1 The contracting parties agree to work together in accordance with the specific, individual contractual agreement (e.g. in the form of a consultancy agreement with an associated catalogue of services). An employment contract is not intended by the parties and is not established.
2.2 The Service Provider shall be responsible for social security contributions or tax matters and shall indemnify the Client against any obligations.
2.3 The service provider is free to work for other clients as well.
3. CONCLUSION OF THE CONTRACT
3.1 A contract with the service provider is concluded by sending the signed order or order offer or the signed consultancy contract by post, fax or e-mail.
3.2 The subject matter of the contract or the exact task description is described in the consultancy contract (with any associated catalogue of services)
4. DURATION OF THE CONTRACT AND REMUNERATION
4.1 The contract begins and ends on the specifically and individually agreed date.
4.2 The contract may be terminated by ordinary notice. In this respect, a notice period of 3 weeks to the end of the month is agreed.
4.3 Cancellation before the start of the contract is not provided for. It is only possible if the service provider does not fulfil its contractually agreed obligations. If the client cancels before the start of the contract contrary to this clause 4.3, the service provider shall be adequately compensated for the loss of work. A lump sum of EUR 2,500 is agreed for this.
4.4 The service price is based on the scope of the work owed. This finds its legal basis in the provisions of the service contract §§ 611 ff. BGB.
4.5 All payments are due immediately and without any deductions. If the payment deadlines are exceeded, the Service Provider shall be entitled to default interest of 2% - above the reference interest rate of the European Central Bank in accordance with the Discount Rate Transition Act - without further reminder. The right to claim further damages remains unaffected.
4.6 Cash expenses and special costs incurred by the Service Provider at the express request of the Client shall be charged at cost price.
4.7 All services provided by the Service Provider shall be subject to value added tax at the statutory rate.
5. SCOPE OF SERVICES
5.1 The services to be provided by the Service Provider shall generally comprise the tasks listed in detail in accordance with the order placed by the Client.
5.2 The Service Provider shall periodically inform the Client of the results of its activities.
5.3 If the service provider is actually unable to fulfil the contractually owed performance of an order, it must inform the client immediately.
5.4 The service provider shall provide the equipment and personnel required for the provision of the service if the client does not have the appropriate equipment or premises.
5.5 The parties shall endeavour to the best of their knowledge and belief to support the contractual partner in the performance of the respective obligation by providing information, information or experience in order to ensure a smooth and efficient workflow for both parties.
6. DUTY OF CONFIDENTIALITY
The service provider undertakes to maintain confidentiality regarding all trade and business secrets of the client for the duration of the service relationship and also after its termination.
7 LIABILITY
7.1 The Service Provider shall be liable in cases of wilful intent or gross negligence in accordance with the statutory provisions. Liability for guarantees shall be independent of fault. The Service Provider shall only be liable for slight negligence in accordance with the provisions of the Product Liability Act, for injury to life, limb or health or for breach of material contractual obligations. However, the claim for damages for the slightly negligent breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract, unless liability is based on injury to life, limb or health. The Service Provider shall be liable to the same extent for the culpability of vicarious agents and representatives.
7.2 The provision of the above paragraph (8.1) extends to compensation for damages in addition to performance, compensation for damages instead of performance and claims for compensation for futile expenses, regardless of the legal grounds, including liability for defects, delay or impossibility.
8.1 The business relationship between the parties shall be governed exclusively by German law.
8.2 The agreement on the place of jurisdiction applies equally to domestic and foreign customers.
8.3 The place of fulfilment and jurisdiction for all services and disputes is exclusively the registered office of the service provider.
9. OTHER PROVISIONS
The service provider is not authorised to assign its claims arising from the contract.
10. SEVERABILITY CLAUSE
Should one or more of the above provisions be invalid, this shall not affect the validity of the remaining provisions. This shall also apply if one part of a provision is invalid but another part is valid. The invalid provision shall be replaced by the parties by a provision which comes closest to the economic interests of the contracting parties and which does not conflict with the other contractual agreements.