General terms and conditions for consultancy services
1 Scope, definitions
These general terms and conditions for consultancy services apply to the performance of consultancy services by Beuth Verlag GmbH (referred to as “Beuth Verlag” in the following) for the Customer. Deviating, contrary or supplementary terms and conditions of the Customer shall not form part of this Agreement, even where this is not expressly contested by Beuth Verlag. Any special agreements with the Customer made in individual cases (including collateral agreements, supplementary agreements or modifications) take precedence over these general terms and conditions for consultancy services. A written contract or the written confirmation of Beuth Verlag is decisive for the content of such agreements.
1.2 The Customer is deemed to be a consumer if the purpose of the ordered consignments and services is predominantly outside his trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
1.3 The offer of Beuth Verlag to perform consultancy services is aimed at entrepreneurs.
2 Performance of service
2.1 Beuth Verlag performs its consultancy services in connection with the management of standards and technical rules, taking into account the status of the technical rules at a given time. The consultancy services of Beuth Verlag are described in detail in each offer. They can, for example, be the provision of specialist know how or support in the form of a needs or feasibility analysis. Payment is for the services rendered, not for specific success achieved.
2.2 Insofar as Beuth Verlag has not accepted the commission expressly and in writing, the consultancy services do not comprise the checking of information, data or documents provided to Beuth Verlag by the Customer, in particular checks for completeness, unambiguity, conclusiveness or factual correctness.
2.3 Beuth Verlag has the right to use the services of third parties for the purpose of performing the consultancy services. Insofar as Beuth Verlag uses the services of third parties for the purpose of performing the consultancy services, the obligation of Beuth Verlag to perform is subject to the provision that the third party under contract works correctly and in a timely fashion; if this is not the case, Beuth Verlag will inform its Customer immediately and reimburse any payments already made for the services that have not been rendered.
2.4 Information, consultancy, recommendations or explanations of Beuth Verlag that are made orally are only binding if they are confirmed in writing by Beuth Verlag.
2.5 Proceedings or events occurring after performance of a consultancy service do not oblige Beuth Verlag to update or review the consultancy service performed.
3 Obligation of the Customer to cooperate
The Customer makes available to Beuth Verlag, free of charge and in a timely fashion, and without being specifically requested to do so, the totality of information, data and documents relating to the Customer and his/her company that are necessary or could be of importance for performing the consultancy services. This also applies to information, data and documents that only become known during the performance of the consultancy services. Beuth Verlag will treat the information, data and documents according to No. 6 confidentially.
4 Handling of consultancy results
4.1 The Customer shall use the consultancy results, such as expert’s opinions, plans, drafts, drawings, lists or calculations exclusively for his own in-house purposes.
4.2 Consultancy results may be passed on to third parties only with the written permission of Beuth Verlag.
5.1 Beuth Verlag is entitled to the payment agreed. Unless otherwise agreed, the payment to which Beuth Verlag is entitled for its services is on an hourly basis. Beuth Verlag can demand appropriate advanced payment and can make the performance of its consultancy services dependent on its claims being fully satisfied.
5.2 Unless otherwise agreed, the work involved will be invoiced in advance and, unless otherwise noted on the invoice, is to be paid in full and without delay on reception of the invoice. Discounts will not be granted. In the event of delays in payment, a reminder fee of at least EUR 5.00 (unless the Customer can prove that no reminder cost at all or a substantially lower reminder cost than that set has been incurred), plus interest at the legal rate, will be charged. If the delay results in demonstrably higher costs, Beuth Verlag is entitled to claim these additional costs.
5.3 Invoices are deemed approved if the Customer does not contest these within three weeks, stating the grounds for their rejection. Beuth Verlag expressly refers to this fact on the invoice.
5.4 The Customer has a right of setoff only against claims that are undisputed by Beuth Verlag or have been legally established against Beuth Verlag. The Customer is only entitled to exercise its right of setoff if its counter-claim is based on the same contractual relationship. Consumers’ rights of repudiation remain unaffected.
6.1 During the term of the contract and for a further five years, Beuth Verlag will not disclose and will only make accessible to third parties used by Beuth Verlag according to No. 2.3 and who are bound by Beuth Verlag to an appropriate degree by a non-disclosure agreement, any information, data or documents of the Customer that have come to its attention while performing the consultancy services and are classified as business or trade secrets or are clearly recognizable as such due to other circumstances.
6.2 The non-disclosure obligation does not apply to such persons who are authorized by law or who have been granted permission by the Customer to have knowledge of such information, data or documents, or of such publications that can be requested in the light of legal provisions and/or directions issued by the authorities. The non-disclosure obligation does not or no longer applies to confidential information that is or becomes generally known.
7.1 Any claims of the Customer for damages are excluded. This does not apply to claims by the Customer for damages arising from injury to the life, body or health, or where key contractual obligations ("cardinal obligations") are infringed, or to other forms of damage caused by any intentional or grossly negligent dereliction of duty on the part of Beuth Verlag, its legal representatives or agents. Key contractual obligations are such that need to be fulfilled in order to achieve the aim of the contract.
7.2 Compensation by Beuth Verlag for infringement of key contractual obligations shall be limited to foreseeable losses typical to the contract, if such damage was caused by ordinary negligence, unless it concerns compensation of the Customer for damages relating to injury to life, body or health.
7.3 The limitations set out in 7.1 und 7.2 also apply to Beuth Verlag's legal representatives or agents if claims are made against these directly.
7.4 The provisions of the Produkthaftungsgesetz (German Product Liability Act) shall remain unaffected.
8 Final provisions
8.1 Contractual relations between Beuth Verlag and Customers shall be governed by German law to the exclusion of UN Convention on Contracts for the International Sales of Goods (CISG). Legal provisions on the limitation of governing law and the applicability of binding legal provisions, in particular those of the state in which the User (as Consumer) has his habitual place of abode, remain unaffected.
8.2 Insofar as the Customer is a business person, is a legal entity under public law or is a special fund under public law, any disputes arising from contractual agreements between the Customer and Beuth Verlag shall fall under the jurisdiction of the place at which Beuth Verlag has its registered office.
8.3 Should individual provisions of this Agreement prove to be ineffective, the remaining parts shall remain unaffected. Where legal provisions exist, these will then come into effect in place of those individual provisions of the Agreement that are not effective. If this would cause one of the partners to the Agreement to incur unreasonable hardship, the entire Agreement will become ineffective.
8.4 Beuth Verlag GmbH does not take part in dispute settlement proceedings carried out by consumer dispute resolution bodies.