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Terms and Conditions

for the provision of work services by Karl Knauer KG, Zeller Straße 14, 77781 Biberach, email: info(AT)karlknauer.de (hereinafter referred to as “Contractor”) to its customers (hereinafter referred to as “Client”)

 

1. General

1.1 These General Terms and Conditions (GTC) for the provision of work services apply to contracts concluded between the client and the contractor with the inclusion of these GTC.

1.2 The contractor does not conclude contracts with consumers or private individuals.

1.3 Insofar as, in addition to these GTC, further contractual documents or other terms and conditions in text or written form have become part of the contract, the provisions of these further contractual documents shall take precedence over these GTC in the event of any contradictions.

1.4 The contractor does not recognize any GTC deviating from these terms and conditions that are used by the client, unless expressly agreed.

 

2. Subject matter of the contract and scope of services

2.1 The contractor undertakes to produce the following work:

Production of advertising materials

2.2 The specific scope of services is the subject of individual agreements between the contractor and the client.

2.3 The completion date and the terms and conditions for the provision of the work shall be governed by individual contracts. The contractor shall provide the commissioned service ready for acceptance and free of defects on the agreed date. If it is not possible to produce the work on time, the contractor shall immediately inform the client of the reasons for the delay.

2.4 The contractor is obliged to provide the services owed under the contract. However, in performing its activities, it is not subject to any instructions regarding the manner in which its services are to be provided, the place of performance, or the time of performance. However, it shall determine the working days and the time allocation on these days itself in such a way that optimum efficiency is achieved in its activities and in the realization of the subject matter of this contract. The contractor shall only provide services in consultation and coordination with the client.

2.5 The contractor is entitled to call in additional vicarious agents to fulfill the contract. The contractor is responsible for the services provided by the vicarious agents as if they were its own services.

2.6 This contract is a contract for work and services, meaning that the provisions of Sections 631 et seq. of the German Civil Code (BGB) apply in addition.

 

3. Client's obligations to cooperate

The client is responsible for providing complete and accurate information, data, and other content required for the performance of the services. The contractor shall not be liable to the client in any way for delays in the performance of services caused by late and necessary cooperation or assistance on the part of the client; the provisions under the heading “Liability/Indemnification” remain unaffected by this.

 

4. Remuneration

Remuneration shall be agreed upon in individual contracts and shall generally be due upon acceptance of the work and payable within 14 days of receipt of the invoice by the client.

 

5. Acceptance

Upon completion of the work, the contractor shall request acceptance by the client. The client shall then check whether the work complies with the contract and is free of significant defects. The client and contractor shall document the acceptance in an acceptance report.

 

6. Warrenty

The statutory warranty rights shall apply.

 

7. Retention of title

The work shall remain the property of the contractor until full payment has been made.

 

8. Liability

8.1 The contractor shall be liable without limitation for any legal reason in the event of intent or gross negligence, in the event of intentional or negligent injury to life, limb, or health, on the basis of a guarantee promise, unless otherwise stipulated in this regard, or on the basis of mandatory liability (e.g., under the Product Liability Act). If the contractor negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies in accordance with the preceding sentence. Essential contractual obligations are obligations that the contract imposes on the contractor according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely. Otherwise, the contractor's liability is excluded. The above liability provisions also apply with regard to the contractor's liability for its vicarious agents and legal representatives.

8.2 The client indemnifies the contractor against any claims by third parties asserted against the contractor due to violations of these contractual terms and conditions or applicable law by the customer.

 

9. Data protection and confidentiality

9.1 The contractor shall treat all information that comes to its knowledge in connection with the order as strictly confidential. The contractor undertakes to impose the obligation of confidentiality on all employees and/or third parties who have access to the contractual information. The obligation of confidentiality shall remain in force indefinitely beyond the term of this contract.

9.2 The contractor undertakes to comply with all data protection regulations – in particular the provisions of the General Data Protection Regulation and the Federal Data Protection Act – when carrying out the order.

 

10. Final provisions

10.1 The law of the Federal Republic of Germany shall apply, excluding the CISG.

10.2 Should any provision of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.

10.3 The client shall support the contractor in the performance of its contractual services by providing reasonable cooperation, as necessary. In particular, the client shall provide the contractor with the information and data necessary for the fulfillment of the order.

10.4 If the client is a merchant, a legal entity under public law or a special fund under public law, or does not have a general place of jurisdiction in Germany, the parties agree that the contractor's registered office shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected by this.

10.5 The contractor is entitled to amend these General Terms and Conditions for objectively justified reasons (e.g., changes in case law, legislation, market conditions, or business or corporate strategy) and subject to reasonable notice. Existing customers will be notified of this by email at least two weeks before the amendment comes into effect. If the existing customer does not object within the period specified in the notification of change, their consent to the change shall be deemed to have been given. If they object, the changes shall not come into effect; in this case, the contractor shall be entitled to terminate the contract extraordinarily at the time the change comes into effect. The notification of the intended change to these General Terms and Conditions will indicate the deadline and the consequences of objection or failure to object.