GTC

GENERAL TERMS AND CONDITIONS
for services provided by the Company (Contract for Services)  

KRINGS
exclusive cleaning services GmbH
Tittardsfeld 110
D-52062 Aachen

phone: +49 241 401 9129
mail:    info@krings-ecs.com


1.   Scope of General Terms and Conditions

1.1  The following General Terms and Conditions shall apply for all legal transactions between the service enterprise KRINGS ECS – hereinafter Service Provider – and its contractual partner – hereinafter Client.

1.2  Modifications to these General Terms and Conditions undertaken by the Service Provider shall be communicated to the Client in writing. They shall be considered to have been approved unless an objection is made in writing by the Client. The Client must send such notice of objection to the Service Provider within 2 weeks of the announcement of the planned modifications.


2.   Object of the agreement

2.1  The contracting parties agree to enter into a cooperation in accordance with the specific project contract. An employment contract is neither intended nor concluded with this agreement.

2.2  The Service Provider is solely responsible for payment of all social insurance contributions and any taxes, and shall indemnify the Client against any such obligations which might be incurred.

2.3  The Service Provider is free to carry out work for other clients.


3.   Conclusion of the agreement

3.1  A contract with the Service Provider shall be concluded through transmission of the signed request or offer for services by mail, fax, or email.

3.2  The object of the agreement and/or the specific task to be completed is described in the specific contract for services.


4.   Contractual period and remuneration

4.1  The contract enters into force and expires on the specific and individually agreed date.

4.2  The contract may be terminated with proper notice, such notice to be a period of 3 weeks prior to the end of a month.

4.3  No provisions are made for termination of the agreement prior to its entry into force. Such a termination shall only be possible if the Service Provider will not fulfil its contractually agreed obligations. If, notwithstanding this provision 4.3, the Client terminates this agreement prior to its entry into force, the Service Provider shall be suitably compensated for its loss of business. Liquefied damages of 100 EUR per such event are hereby agreed.

4.4  The price for the rendering of services shall depend on the scope of the tasks to be performed. Their legal basis shall be found in the provisions of the contract for services Sections 611 ff. German Civil Code (BGB).

4.5  All payments shall be payable in full 14 days after invoicing. In the event of a default in payment, the Service Provider is entitled, without further reminder, to default interest at a rate of 2% above the reference interest rate of the European Central Bank in accordance with the German Discount Rate Transition Act [Diskontsatzüberleitungsgesetz]. The right to assert claims for losses in excess of such amount is reserved.

4.6  Cash expenditures and special costs incurred by the Service Provider at the express request of the Client shall be invoiced at their net cost.

4.7  All services performed by the Service Provider are net of statutorily applicable VAT (currently 19%.)


5.   Scope of services

5.1  The services to be provided by the Service Provider generally encompass the detailed list of tasks according to the order issued by the Client.

5.2  The Service Provider shall periodically inform the Client of the results of its efforts.

5.3  If the Service Provider should determine that it is unable to properly perform its contractual obligations with regard to a specific order, it shall immediately inform the Client of this.

5.4  The Service Provider shall supply the equipment and personnel necessary to perform the contractually agreed service, insofar as the Client does not have such equipment or facilities available. The parties each undertake to support the other to their utmost ability in fulfilling their corresponding contractual obligations through providing information or sharing experiences in order to ensure a friction-free, efficient workflow for both parties.


6.   Obligation of confidentiality

The Service Provider undertakes to maintain confidentiality with regard to all trade and business secrets of the Client, both during the contractual relationship and after its termination.


7.   Liability

7.1  In the event of tortious acts or gross negligence, the Service Provider shall be liable in accordance with the relevant statutory provisions. Liability for warranty claims is on a strict liability basis. The Service Provider shall only be liable for minor negligence in accordance with the provisions of the German Product Liability Law [Produkthaftungsgesetz], for loss of life, bodily injury, or injury to health, or for violations of material contractual obligations. Damage claims for the violation of material contractual obligations as a result of minor negligence shall, however, be limited to those damages typical and foreseeable given the contract, except insofar as liability attaches for loss of life, bodily injury, or injury to health. The Service Provider is liable to the identical extent for the culpable actions of its agents and representatives.

7.2  The provisions of the preceding paragraph (7.1) also extend to damages in addition to contractual performance, damages in place of contractual performance, and claims to compensation for wasted expenditures, regardless of legal basis, including liability for defects, default, or impossibility.


8.   Place of jurisdiction

8.1  The commercial relationship between the parties shall be governed exclusively by the laws of the Federal Republic of Germany.

8.2  This stipulation of jurisdiction applies equally for domestic and international customers.

8.3  The place of fulfillment and of jurisdiction for all contractual obligations and disputes shall exclusively be the jurisdiction in which the Service Provider has its registered headquarters.


9.   Other provisions

The Service Provider is not entitled to assign to third parties any claims arising under this agreement.


10.  Severability clause

Should one or more of the preceding provisions be found to be invalid, the validity of the remaining provisions shall not be affected thereby. This shall also be the case if only a part of a provision is found to be invalid, while another part is valid. In either case, the invalid provision or part thereof shall be substituted by the parties with that provision most closely reflecting the economic interests of the contracting parties and not in violation of the other contractual agreements.


Aachen, 01 January 2013


KRINGS ECS
Tittardsfeld 110
D-52062 Aachen
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