Terms & Conditions
§ 1 Scope
All services of the Aedificon Engineering GmbH (“Aedificon”) are fully subject to these General Terms and Conditions, insofar that they were not changed or supplemented by written agreements. The placing of an order includes the application of the General Terms and Conditions by Aedificon. The General Terms and Conditions of the customer are contradicted. They are only applicable if they are expressively accepted by Aedificon.
§ 2 Kind and Scope of the Service
Aedificon furnishes structural design and expert reports and provides services to support the customers involved in the construction. Type, place, time and scope of the services will be determined in the corresponding contract. All services are performed impartially, neutrally and consciously according to the approved rules, while staff that is qualified to render the agreed services is taking the regulations into consideration which exist at the point of time of the acceptance of the order.
Aedificon is also entitled to commission third parties to render services. Work-contractual services are not subject of the contract.
§ 3 Placement of order
A contract with the Aedificon will be entered by sending a written order or order quotation by mail, fax or e-mail. The acceptance of the order, as well as any agreements, assurances or ancillary arrangements entered into verbally by telephone or through members of staff, requires written confirmation to be legally.
§ 4 Obligations of the Customer
The customer fulfils his obligation to co-operate by checking and accepting the service.
The customer has to make all necessary information and documentation available thoroughly, completely and free of charge as well as in due time. The customer has to call attention to all processes and circumstances which may be important for the performance of the order on his own initiative.
The customer legitimises the expert to perform all determinations, inspections and services with and towards authorities, companies and third parties which seem necessary and appropriate to him.
§ 5 Confidentiality
Aedificon is obliged to keep secrecy about any personal or business secrets which were entrusted to it or about which it was informed in the frame of its activity in the frame of the § 203 para. 2 No 5 German Penal Code (StGB). The obligation of secrecy shall also cover any emerging facts. Objective findings from the activities may be used by Aedificon in neutral form for its other professional activities, provided that no inference is possible to the customer and this does not impair any other interests warrantying protection of the customer. Otherwise, Aedificon is authorised to disclose information only to the extent that it is under a legal obligation to do so, or if the customer expressly releases it from its duty of secrecy.
Aedificon is entitled to use rendered services towards the customer by using the corporate name and the company logo as reference in the frame of the advertising presence. This authorisation would be applicable until an express revocation by the customer.
§ 6 Remuneration
The claim to remuneration of Aedificon shall depend on the contractual agreements.
If nothing else is agreed, the per diems amounting to 680,00 € per day, of about 7 hours are applicable.
Besides the remuneration, Aedificon has a claim for compensation of the expenses incurred. For travelling with the own passenger car, 0,35 €/km are reimbursed. Otherwise Aedificon will receive the proven costs for public transport plus 10 %. Costs for copies of drawings and written documents are cashed up plus 10 % upon proof. When working on weekends, holidays and on working days from 8 p.m. to 6 a.m. surcharges are levied according to the statutory regulations, however, at least 50 %.
§ 7 Payment Dates / Delay
The prices are understood strictly net plus the respective statutory value added tax valid at the time of invoicing. The due time for the payment begins with the invoice date. Due payments need to be done within 18 days after receipt of the invoice. If not otherwise agreed, a 30/30/40 payment (30 % advance payment, 30 % site visit, 40 % upon delivery) is payable for expert services. If the customer is in full or partial default of payment for the whole or partial amount, Aedificon is entitled, subject to any further compensation claims, to charge default interest at the statutory rate as of the respective date. Furthermore, Aedificon is entitled to withhold its services, and to perform remaining services only in exchange for early payment or other forms of security.
§ 8 Termination
The customer and Aedificon are allowed to terminate the contract at any time due to an important reason. The notice of termination must be made in writing. Important reasons, which entitle Aedificon to terminate the contract are, among others:
• A refusal on the part of the commissioning party to provide the necessary cooperation and assistance,
• An attempt on the part of the commissioning party to exert prohibited influence on Aedificon, which could distort or falsify the result of the expert opinion,
• In case of debtor's default or financial collapse of the client,
• If the customer undergoes a collapse in assets,
• If after accepting the order, Aedificon ascertains, that it lacks of the necessary expert knowledge to complete the order.
• Otherwise, a termination of the contract will be excluded.
If the contract is terminated due to a good cause, for which Aedificon is responsible, it shall be entitled to a fee for services provided prior to the termination of the contract. In all other cases, Aedificon shall retain its entitlement to such fee as provided in the contract, less any expenses saved. If the client does not prove a bigger percentage of saved expenses, a percentage of 40% of the remuneration of Aedificon for non-effected performances is agreed and beyond this a contractual penalty in the amount of 5 % of the total order value.
§ 9 Liability
Any compensation claims against Aedificon and its legal representative, employees and assistants, including those due to tort liability, breach of duty and the violation of § 311 German Civil Code (BGB) listed contractual obligations, are intentional or grossly negligent conduct.
Aedificon shall be held liable in case of intent or gross negligence on the part of its vicarious agents who are not executives, only to an extent of the typically predictable damage. The limitations of liability according to para. 1-2 do not apply in the event of damages to life, body and health, and in the case of breach of cardinal duties or if there is compulsory liability owing to the product liability law. Aedificon does not assume any responsibility for the result aimed at with the rendering of the services. If the customer forwards expert opinions to third parties, he would be personally liable for any damages to third parties resulting from the expert opinion. He releases Aedificon accordingly from all liability. Any claims for damages against the other contractual partner become time-barred, if there is no liability due to intent, according to the statutory provisions, however at the latest three years after the breach of duty or the unlawful act.
§ 10 Final Clauses
Any modifications require written form. That also applies to the written form clause and to the termination. If any provisions of these conditions should be invalid or unenforceable in whole or in part, the validity of the other provisions shall remain unaffected. The Parties are obliged, in place of the invalid provision or to fill the gap, to agree on the valid provision which most closely corresponds to the economic purpose of the provision in question. § 139 German Civil Code (BGB) shall not apply. The place of fulfilment for all claims from this contract and the place of jurisdiction is Leipzig, if the contract is concluded with a businessman. In all other cases, for all claims against the customer, place of residence of the customer shall be regarded as the place of jurisdiction.