General Terms and Conditions

(As of: 01/01/2025)

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§ 1 General

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

2. Any differing or additional terms and conditions of the client, as well as any ancillary agreements, shall only be binding if confirmed in writing.

This shall also apply if the client transmits its differing terms and conditions by means of a letter of confirmation.

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

4. The contractor is bound by its offers for the period of time stated in the offer.

 

§ 2 Duties 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 that affect the subject matter of the contract, the contractor reserves the right to adjust its offer accordingly.

§ 3 Duties of the client

1. The client shall provide the contractor with all information required for the preparation of the offer or for the contractual fulfilment of the order without delay and without being asked.

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

3. The client is obliged not to use the contractor's services that require approval until the necessary approval has been obtained from the responsible approval authority or client.

4. The client decides on the use of the contractor's services at his own responsibility.

Other conditions shall only apply if the contractor has provided written confirmation of the suitability of his services for a specific purpose or if such a purpose is clearly stated in the offer itself.

5. Travel and accommodation costs:

Travel-related costs, in particular for hotel accommodation and flights, are either paid directly by the customer or an additional charge of 0% (1:1) is invoiced to Decarbo-Engineering. For intercontinental flights, booking is in business class. For hotel accommodation, a minimum standard of 3 stars including breakfast is assumed.

 

§ 4 Deadlines and dates

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

2. Adherence to the agreed deadlines and dates presupposes that the client provides all the documents to be supplied, the necessary permits and releases, in particular plans, in good time.

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

4. the contractor's performance deadlines and dates shall be extended by the period during which the client is in arrears with its contractual obligations to the contractor.

The same shall apply in the event of force majeure (e.g. strike, mobilisation, war, extreme weather events, riots, etc.) and in the event of unforeseen obstacles beyond the control of the contractor for the duration of the hindrance.

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§ 5 Liability

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

2. The exclusion of liability does not apply if the contractor is legally liable for foreseeable damages typical for the contract due to simple negligence in cases of gross negligence or intent or in the event of breach of warranty or breach of material contractual obligations.

4. All information provided by the contractor that is not provided in writing is non-binding unless it is confirmed in writing.

This applies in particular to interim information provided by telephone before the order is completed.

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§ 6 Warranty

1. the contractor is liable for the proper execution of the tasks assumed within the scope of § 5.

The contractor shall rectify errors and defects free of charge.

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

3. Should defects in the subject matter of the contract be 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.

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§ 7 Limitation

1. Claims against the contractor for damages, as well as all warranty claims, are subject to a limitation period of 1 year.

The period begins with the completion of the order or with the termination of the contractual relationship.

2. Conflicting statutory periods remain unaffected, in particular those according to §§ 438 para. 1 no. 2 and 634a para. 1 no. 2 BGB, insofar as Part B of the VOB is not included in the contract as a whole.

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§ 8 Copyright

1. Confidentiality: All calculations, designs, drawings and other documents created by the contractor remain the property of the contractor and are subject to his copyright.

2. The documents referred to in point 1 may not be made accessible to third parties without the express permission of the contractor.

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§ 9 Final provisions

1. In case of doubt, these conditions remain binding even if individual provisions are legally ineffective.

The invalid provision shall be replaced by a permissible provision that comes as close as possible to the economic purpose of the invalid provision.

2. Amendments to these General Terms and Conditions shall be notified to the client in writing.

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

3. The exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Bonn.

4. The place of performance for all claims arising from the contractual relationship is the contractor's registered office.

5. The contractual relations between the parties shall be governed by German law.

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Bonn, 01.01.2023

 

Managing Director/CEO: Thomas Hoffmann

Your planning/engineering office

Decarbo-Engineering GmbH