General Terms and Conditions of Business

§ 1. General

 

1. These General Terms and Conditions (hereinafter referred to as General Terms and Conditions) apply to all services between the contractual partners, unless otherwise expressly agreed in writing.

 

2. Any deviating, conflicting general terms and conditions of the client will not be recognized by Energy Consulting Martin Witt unless Energy Consulting Martin Witt has expressly agreed to them in writing. The General Terms and Conditions of Energy Consulting Martin Witt also apply if Energy Consulting Martin Witt is aware of conditions that contradict or deviate from its General Terms and Conditions
of the client provides the service to him without reservation.

 

 

§ 2 Conclusion of contract

1. Offers from energy consultancy Martin Witt are subject to change. The client is bound to his order for 4 weeks, unless he has a statutory right of withdrawal, which he makes legally effective use of.

 

 

§ 3 Written form

 

1. No oral side agreements were made.

 

 

§ 4 Prices and price increases

 

1. The prices are EURO prices. All prices mentioned are net prices to which the sales tax applicable at the time of invoice is added.

 

2. The basis for calculating the services provided by Martin Witt energy consultancy is the price list valid at the time the contract is concluded, unless otherwise agreed.

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§ 5 Deliveries, services, obligation of the client to cooperate

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1. Performance deadlines are only binding if they have been confirmed in writing by the Martin Witt energy consultancy.

 

2. The prerequisite for the proper fulfillment of the services by Martin Witt energy consultancy is that the client fulfills his obligations to cooperate comprehensively and in a timely manner. The energy consultancy's performance obligations are suspended as long as the client has not fulfilled his contractual obligations to cooperate. This does not apply if the energy consultancy Martin Witt
delay is responsible.

 

3. Information required to provide the agreed service must be forwarded immediately to the Martin Witt energy consultancy; In addition, relevant documents must be handed over.

 

4. If the energy consultancy Martin Witt defaults on its obligation to perform, the client can withdraw from the contract in accordance with the legal regulations. Further claims for damages are excluded to the extent regulated in § 8.

 

 

§ 6 Difficulty of performance and impossibility

 

1. The energy consultancy Martin Witt will be released from its services if it becomes impossible for it to provide the service. In these cases, the client is entitled to withdraw from the contract in accordance with the statutory provisions. Further claims, in particular claims for damages, are excluded to the extent regulated in §8.

 

2. If the Martin Witt energy consultancy is only able to provide the service under difficult circumstances for which the client is responsible (e.g. due to a breach of his obligation to cooperate), the client is obliged to remove any obstacles upon request from the Martin Witt energy consultancy. The service obligations of the energy consultancy Martin Witt are suspended until the problem is removed. If the client does not fulfill this obligation within a reasonable period of time, Energieberatung Martin Witt is entitled to withdraw from the contract or terminate the contract. In this case, the client already has
Services provided must be paid based on the time spent at an hourly rate of EUR 65.00 plus VAT. Further rights of the energy consultancy Martin Witt remain unaffected by this.

 

 

§ 7 Retention of title

 

1. The service provided by Energy Consulting Martin Witt remains the property of Energy Consulting Martin Witt until the purchase price has been paid in full, or for entrepreneurs until all claims against them have been fulfilled. If the client is a consumer, he may not dispose of the service delivered until it has been paid for in full.

 

 

§ 8 Liability

 

1. The energy consultancy Martin Witt excludes liability for slightly negligent breaches of duty, provided that these do not involve essential contractual obligations, damage resulting from injury to life, body or health or guarantees.
or claims under the Product Liability Act are affected.

2. Any liability for breaches of contractual obligations is limited to compensation for damage that was foreseeable at the time the contract was concluded and could not be controlled by the client. The amount of any claim for damages is limited to three times the total amount of the agreed remuneration; The liability amount is limited to a maximum of EURO 500,000.00. One
Further liability or liability for consequential damages is excluded.
The limitation of liability in accordance with this paragraph also applies to breaches of duty by vicarious agentsfen from the energy consultancy Martin Witt.

 

 

§ 9 Payment conditions

 

1. Invoices from energy consultancy Martin Witt are payable without deductions within 10 days of receipt. Transfers with debt-discharging effect can only be made to the Martin Witt energy consultancy business account stated on the invoice. The invoice amount is due on the date of the invoice or when the report or similar is handed over.

 

2. If the client defaults on payment, Schubert Energieberatung is entitled to stop work on the current project until payment has been received. In the event of default, default interest of 4.5% will accrue from the first day of default
the applicable discount rate.

 

 

§ 10 Place of jurisdiction, applicable law, place of performance, data protection

 

1. The law of the Federal Republic of Germany applies exclusively to the contract.

 

2. If the client is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is Brühl.

 

3. The place of performance is the registered office of the energy consultancy Martin Witt. For consumers, the legal regulations regarding jurisdiction remain unaffected.

 

4. The energy consultancy Martin Witt is entitled to store the client's data contained in the context of the business relationship within the framework of data protection laws. The client expressly consents to this to Energy Consulting. A transfer of this data to third parties is excluded.

 

 

§ 11 Final provisions

 

1. If the energy consultancy Martin Witt is prevented from providing its contractual services as a result of labor disputes, force majeure, war, riots or other circumstances that are unavoidable for the contractor, the energy consultancy is obliged to provide services for the duration of the hindrance and a reasonable start-up time freed. The execution deadlines are extended accordingly. If the energy consultancy Martin Witt finds itself prevented from fulfilling its contractual obligations for the reasons mentioned above, it will immediately notify the client of this. As soon as it becomes clear when the work can be resumed, the energy consultancy Martin Witt will inform the client of this.

 

2. If work is carried out on the client's premises, the energy consultancy Martin Witt and its employees must comply with the client's applicable safety and accident prevention regulations and regulations.
regulations must be adhered to.

 

3. The energy consultancy Martin Witt is entitled to transfer his claims from this contract to a company of which he is a shareholder.

 

4. No oral additional agreements have been made; Changes and additions to this contract must be made in writing to be effective.

 

5. German law applies to this contract. The exclusive place of jurisdiction for both parties is Brühl. The place of fulfillment and performance is also Brühl.

 

6. Should one or more provisions of this contract be or become invalid, the remaining provisions will not be affected. Instead of the invalid agreement, a regulation is deemed to have been agreed between the parties that is economically equivalent to the invalid one.