General Terms and Conditions
(Status: 01.01.2023)

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§ 1 General

1. For the commissioning of Decarbo-Engineering GmbH, hereinafter referred to as "Contractor", the following terms and conditions shall apply exclusively, unless otherwise stated in the written offer or in the written confirmation of the Contractor.

2. Deviating or supplementary conditions of the client as well as ancillary agreements are only binding if they are confirmed in writing. This shall also apply if the Client submits its deviating terms and conditions in a letter of confirmation.

3. All provisions not mentioned in these terms and conditions, such as the subject matter and time of the services and detailed payment arrangements, must be agreed separately.

4. The contractor shall be bound by offers made by the contractor for the time specified in the offer.

§ 2 Obligations of the Contractor

1. The Contractor shall perform the contractual services in accordance with the general state of the art

2. In the event of mandatory changes to technical or legal standards affecting the subject matter of the contract, the contractor reserves the right to adjust its offer accordingly.

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§ 3 Obligations of the client

1. The client must provide the contractor immediately and unsolicited with all information required by the contractor to prepare the offer or to fulfill the order in accordance with the contract.

2. The client is obliged to accept the finished services provided to him by the contractor within 2 months of handover.

3. The client is obliged not to use services of the contractor that require approval until the necessary acceptance has been carried out by the responsible approval authority or client.

4. The client shall decide on the use of the contractor's services on its own responsibility.

5. Anything to the contrary shall only apply if the Contractor has issued written confirmation of the suitability of its services for a specific purpose or if such a purpose can be derived from the offer itself.

§ 4 Deadlines and dates

1. Only the delivery and performance dates specified in the offer shall apply.

2. Compliance with the agreed deadlines and dates requires that the client supplies all documents, necessary approvals and releases, in particular plans, in good time.

3. If the Contractor does not consider the information received to be sufficient, it must notify this immediately.

4. The Contractor's performance deadlines and dates shall be extended by the period in which the Client is in arrears with its contractual obligations to the Contractor.

5. The same shall also apply in the event of force majeure (e.g. strike, mobilization, war, extreme weather events, riots, etc.) and in the event of unforeseen obstacles beyond the Contractor's control for the duration of the hindrance.

 

§ 5 Liability

1. The contractor excludes its liability for damages on all possible legal grounds.

2. The exclusion of liability shall not apply insofar as the contractor is liable in cases of gross negligence or intent or in the case of assurance or in the case of breach of essential contractual obligations due to simple negligence for foreseeable damages typical for the contract for legal reasons.

3. All information not provided in writing by the Contractor shall be non-binding unless confirmed in writing.

4. This applies in particular to interim information provided by telephone prior to completion of the order.

 

§ 6 Warranty

1. The Contractor shall be liable for the proper execution of the tasks undertaken within the scope of § 5.

2. Errors and defects shall be rectified by the Contractor free of charge.

3. If the subject matter of the contract is not accepted within 2 months after provision, it shall be deemed to have been accepted.

4. If defects in the subject matter of the contract are due to circumstances for which the Client is responsible, the Contractor shall remedy them at the Client's request at reasonable prices and conditions to be agreed in each case.

 

§ 7 Statute of limitations

1. Claims against the Contractor for damages and all warranty claims are subject to a limitation period of 1 year.

2. The period shall commence upon completion of the order or upon termination of the contractual relationship.

 

§ 8 Copyright

1. Confidentiality: All calculations, designs, drawings and other documents prepared by the Contractor shall remain the property of the Contractor and are subject to its copyright.

2. All works by the contractor may not be made accessible to third parties without the express permission of the contractor.

 

§ 9 Final provisions

1. In case of doubt, these terms and conditions shall remain binding even if individual provisions are legally invalid.

2. An invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.

3. The client shall be notified in writing of any amendments to these General Terms and Conditions.

4. They shall be deemed approved if the client does not object in writing within the specified objection period.

5. The exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be Bonn, Germany.

6. The place of performance for all claims arising from the contractual relationship shall be the Contractor's registered office.

7. The contractual relationship between the parties shall be governed by German law.

 

 

Bonn, 01.01.2023 

 

Managing Director/CEO: Thomas Hoffmann
Your planning office/engineering office
Decarbo-Engineering GmbH