General terms and conditions
The following General Terms and Conditions apply to all contracts concluded between EPB-CONSULTING and its customers (hereinafter referred to as “Customer” or “Client”) in writing, orally or in any other form. They apply to every offer and are accepted upon conclusion of the contract (acceptance), at the latest, however, upon utilization of the service by the Client and thus become the basis of the contract. In ongoing business relationships, they do not have to be expressly agreed again in each case. General terms and conditions of the client shall explicitly not become part of the contract, even if they are not explicitly contradicted by EPB-CONSULTING. In case the customer does not want to accept the following general terms and conditions, he has to inform EPB-CONSULTING in writing beforehand.
All agreements have to be in written form. Verbal agreements are only valid if they have been confirmed in writing. This also applies to subsidiary agreements and assurances as well as subsequent amendments to the contract, including the agreement to waive the written form requirement.
Cost estimates and offers of EPB-CONSULTING are subject to change and non-binding. A contract is only concluded by a written order. Quotations together with attachments (also parts thereof) may not be made accessible to third parties without our consent. Documents belonging to the offer such as sketches, drawings, illustrations and calculations shall be considered as explanations unless they are expressly marked as binding or confirmed. EPB-CONSULTING reserves the right of ownership and copyright of all documents, as far as they are not provided by the client.
Binding delivery times require the explicit written agreement of both contracting parties. The observance of the delivery time requires the fulfilment of the customer’s obligation to cooperate. Should the customer be in default with the fulfilment of his obligation to cooperate, promised delivery times shall lose their validity.
Duty to cooperate of the customer
The Customer shall immediately provide EPB-CONSULTING with all necessary information in connection with the placed order. In particular, the Customer shall ensure that all acts of cooperation on his part or on the part of his vicarious agents are performed in due time and free of charge.
Premature termination of contract/order
If a contract is terminated prematurely without EPB-CONSULTING being responsible for the reason, EPB-CONSULTING shall be entitled to the contractually agreed fee in full without deduction for any services and expenses saved.
If a contract is terminated prematurely for good cause and EPB-CONSULTING is responsible for the reason, EPB-CONSULTING shall be entitled to the agreed fee only for the part of the services rendered up to that point.
Acceptance of the services delivered by us shall be effected by written declaration of the client. Acceptance shall also be deemed to have taken place if the client does not substantiate deviations from the contractual quality within a period of 10 days.
EPB-CONSULTING is only liable for intent and gross negligence. In these cases the liability results from the legal regulations. Any further liability of any kind is excluded. Compensation for the violation of essential contractual obligations is limited to the contract-typical, foreseeable damage. The liability is limited in all cases to max. the amount of the agreed fee. According to VOB the executing specialist company is obliged to check the calculated data before execution of the work. EPB-CONSULTING has to be informed in writing about possible deviations before execution. EPB-CONSULTING cannot assume any liability for the system/software systems used or for their calculation results.
Retention of title/protection of copyright and risk of shipment
All services remain the property of EPB-CONSULTING until full payment by the Client. EPB-CONSULTING reserves the copyright to all calculations, technical drawings, plans, concepts etc. and other intellectual creations. They may not be used, forwarded or made accessible to third parties, including attachments (including parts thereof), without our consent. EPB-CONSULTING reserves the right of ownership and copyright of all documents, as far as they are not provided by the client. The regulations of the copyright are considered as agreed. Deliveries and returns of work and services are at the risk of the client.
Jurisdiction / Law
Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part,
Jurisdiction / Law
Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. Rather, the invalid provision shall be replaced by the provision that comes closest to the intended purpose in economic terms.
Place of performance and place of jurisdiction for both parties is the registered office of EPB-CONSULTING.