General Terms and Conditions
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1. Area of Application
These General Terms and Conditions (GTC) apply to quotations by W&P Immobilienberatung GmbH and to contracts between W&P Immobilienberatung GmbH and its clients (customers), provided that these GTC are referred to in the contract confirmation or in a contract document. They form an integral part of the contracts and quotations. In the event of conflict, provisions in the contract shall take precedence over these GTC.
General Terms and Conditions of the client are not an integral part of the contract.
2. Form
All agreements (incl. subsequent amendments, additional agreements and pledges) of the contractual parties must be in writing to be valid. The written form includes other forms of communication in text form (facsimile, e-mail).
3. Validity of quotations
Unless otherwise agreed, quotations shall be valid for 60 days from date of issue.
4. Services
4.1 In general
W&P Immobilienberatung GmbH undertakes to perform the contract in a competent and diligent manner. It shall inform the client regularly about the progress of work and advise in writing all facts, which might affect performance in accordance with the contract. The client is entitled to request information at any time regarding any part of the contract.
4.2 Employees
W&P Immobilienberatung GmbH only employs carefully selected and well-trained employees.
Those involved in providing services of W&P Immobilienberatung GmbH make up the project team. Where persons are specified by name in the agreement relating to the provision of services, W&P Immobilienberatung GmbH shall ensure that they are included as far as possible. On the other hand, third parties may only be used if they are expressly named and when the client is contractually in agreement.
5. Deadlines
Compliance with the agreed deadline by W&P Immobilienberatung GmbH requires the timely performance of all services of the client, in particular the submission of the necessary documents.
6. Services of the client
The client shall provide W&P Immobilienberatung GmbH, in due time and without being specially requested to do so, with all the documents and information necessary for the provision of the services. W&P Immobilienberatung GmbH assumes that the information and documents provided are complete and the information contained therein is correct. Notwithstanding any agreement to the contrary, W&P Immobilienberatung GmbH is not obligated to check this information for correctness, completeness or for any discrepancies.
7. Use of the contract findings
The contract findings are intended exclusively for the use and general information of the client and, notwithstanding any agreement to the contrary, may not be passed on to third parties or be used for a purpose other than that agreed in the contract.
8. Prohibition on assignment/cession
Neither the client nor W&P Immobilienberatung GmbH may assign rights from the agreement to a third party and/or the assign the agreement to a third party without the consent of the other party. If the agreement or the fee obligation is assigned to a third party with the consent of all concerned, the client shall also be independently, severally and wholly liable to W&P Immobilienberatung GmbH for all existing and future claims arising from the remuneration vis-à-vis the third party.
9. Duty of the client to inspect and give notice of defects
The client shall check the contract findings immediately and notify W&P Immobilienberatung GmbH of any objections in writing within 60 days of receipt. Should the client fail to do this, the contract findings shall be deemed to be accepted.
In the event of a justified objection, W&P Immobilienberatung GmbH shall, where appropriate and practicable, improve the contract findings at its own expense.
10. Additional services
Services which exceed the agreed scope of services and which are linked to protecting the interests of the client and diligent performance of the contract are to be paid in addition by the client. W&P Immobilienberatung GmbH shall inform the client immediately of the increased scope of services and the costs incurred as a result.
11. Fee
11.1 Arrears/Reminder
Following the unsuccessful expiry of the contractually agreed payment period indicated in the invoice, the client shall be held to be in default, without a reminder being sent, and shall owe W&P Immobilienberatung GmbH the statutory default interest in addition to the invoice amount. Where no payment period has been agreed, the client is deemed to be in default following a reminder or, at the latest, 30 days after receipt of the invoice, should the client not be the consumer. For consumers, the latter applies only if these consequences are expressly stipulated in the invoice.
11.2 Prohibition on set-off
The client is not entitled to retain any payments or to offset these against any counterclaims, unless these counterclaims have been expressly recognised in writing by W&P Immobilienberatung GmbH, are not contested by W&P Immobilienberatung GmbH or have been established in a legal judgement.
12. Limitations of liability
12.1 Consultation
Within the framework of the consultation contract, a basis for making decisions is developed which contains the measures to be taken by the client. Responsibility for executing these measures and their consequences lies exclusively with the client.
12.2 Valuation
The reports and in particular the forecasts contained therein are carefully produced and compiled to the best of its knowledge by W&P Immobilienberatung GmbH within the framework of the contract, taking into account the applicable professional standards. Although W&P Immobilienberatung GmbH prepares the data carefully, it cannot guarantee its correctness. The data concerns estimates, which, by the very nature of the system, are to a certain degree inaccurate. For this reason, the client is not able to derive any liability or payment of damages from the delivered data.
12.3 Exclusions of liability
W&P Immobilienberatung GmbH is not liable for pure financial loss, in particular for loss of profit.
Liability for slight negligence is excluded.
12.4 Limitation of liability
The liability of W&P Immobilienberatung GmbH is limited in total to the amount of fees owed according to the agreement. This limitation applies to all types of damages, on whatever legal grounds.
13. Confidentiality and Non-disclosure
13.1 W&P Immobilienberatung GmbH, as well as its employees and any third parties involved, is obligated to handle in strict confidence and not make accessible to third parties without the consent of the client, all data, information, documents and records, which have not been made public and of which it has become aware within the context of the contractual relationship, which relate to the client or to its business relations and belong to the private sphere of the client and are neither evident nor publicly available.
13.2 Furthermore, W&P Immobilienberatung GmbH relies on and reserves the right to freely use for its own purposes the information provided by the client within the context of the contract, provided it is not possible for third parties to determine the identity of the client or its contractual partner. This use of information for its own purposes occurs in particular within the context of data pools, which W&P Immobilienberatung GmbH uses as a basis for valuations, general market evaluations and other products. W&P Immobilienberatung GmbH has the rights to the findings of any such data processed by W&P Immobilienberatung GmbH.
14. Severability clause
Should a provision of the agreement concluded between the client and W&P Immobilienberatung GmbH become ineffective or void, this shall not affect the validity of the remaining provisions. This shall also apply accordingly to any gap or omission.
15. Place of jurisdiction and applicable law
The quotations of W&P Immobilienberatung GmbH and agreements between W&P Immobilienberatung GmbH and the client are subject to German law (with the exception of conflict law).
The legal district Frankfurt am Main shall have exclusive jurisdiction for all disputes in connection with agreements between the client and W&P Immobilienberatung GmbH.