Terms & conditions
Terms and conditions
Wolfram Heinisch Consulting GmbH
§1 Area of application
The general terms and conditions apply for all business between Wolfram Heinisch Consulting GmbH, subsequently “Consultant” and the customer, subsequently “Customer”. Terms and conditions are automatically accepted by the Customer when a contract is awarded. and apply for the duration of the business relationship.
§2 Contract award and service
2.1 The basis of the business relationship is the consultancy contract or the written contract by the Customer to us in which the scope of services and compensation are set out.
2.2 The Customer may confirm orders in the following forms:
- By telephone (with subsequent written confirmation)
- By post
- By Fax
- By e-mail
The Customer shall receive written confirmation upon receipt of the contract. With the order confirmation, the order is considered to be accepted and the consultancy contract applies. This order confirmation determines the delivery deadline.
2.3 In exceptional cases, external consultants may be involved, who are known to the Consultant through long-standing cooperation with the Consultant. In this case, the business relationship between the Consultant and the Customer continues to apply, provided no alternative agreement was reached.
2.4 Updates and changes to offers and contracts are set out in writing by both parties and apply as an additional agreement to the contractual agreement between the Consultant and the Customer.
Value added tax of 19% is not included in our fees for our services.
§4 Payment and payment deadline
4.1 We are entitled to payment for all of the services we provide. All services provided by us, which are not expressly agreed in the price, are additional services, which are charged separately.
4.2 Unless otherwise agreed, invoices are issued following provision of the consultancy services. For consultancy services with a duration of more than one month, invoices are issued monthly.
4.3 All payments due from the Customer, plus value added tax, are immediately due upon receipt of invoice.
4.4 Without the issuing of a reminder from us, the Customer is in arrears if payment is not received within 14 days of the payment deadline and receipt of invoice. In this case we have the right to charge interest on late payment in the amount of the legal interest rate.
4.5 The Customer is not permitted to offset or withhold such payment, provided payment is legally binding and undisputed. A limited right to withhold all other payments in the same contractual relationship exists for all other payments.
§5 Delivery deadlines
5.1 Delivery deadlines can only be considered guidance deadlines or provisional deadlines, which are offered to the best of the Consultant’s knowledge. We endeavor to provide our services within the agreed time frame following a confirmed order.
5.2 The Customer is first entitled to enforce their rights if a deadline is not met once we have been given an appropriate extension.
§6 Duty of cooperation of the Customer
The Customer shall provide us with all documents, information and materials necessary to complete the contract.
§7 Confidentiality agreement
We are obligated to not disclose any trade, business or private information, which we become aware of as part of our consultancy work. This confidentiality obligation also applies to our subcontractors. Confidentiality continues to apply after the termination of the contract and can only be lifted by the Customer themself in writing. Furthermore, we are obligated to carefully store documents received as part of the consulting activity and to protect them against access by third parties. No documents or other materials provided to us by the Customer shall be returned to the Customer, unless expressly agreed otherwise.
8.1 The consultancy company accepts liability in all cases of intent or gross negligence in accordance with the legal stipulations. Liability for guarantees is accepted irrespective of fault. For mild negligence, the consultancy company only accepts liability in accordance with the provisions of the product liability law, as a result of damages to body, life or health or a breach of contract obligations. The damage claim for mild negligence of key contractual provisions is however limited to the foreseeable damages, which are typical for the contract, on condition that the damage claim does not relate to damages to body, life or health. The consultancy company accepts the same level of liability for the damages by subcontractors and representatives.
8.2 The provision of the above section (8.1) includes, in addition to services, damages in place of service provision and the initial entitlement due to wasted efforts, irrespective of the legal reason, including damages due to defects, arrears or impracticality.
§9 Notice of defects
9.1 If the Customer does not provide us with notice of an objective, serious defect within 10 days of completion of the contract, the contract shall be deemed completed and closed.
9.2 Should the Customer question the entire service, this complaint must be supported by a reliable counter-assessment by a third party.
9.3 If a notice of defect is issued, we must be given the opportunity to rectify the situation. Should this attempt to improve the situation remain unsuccessful, the Customer has the right to a reduction or change. The liability is, however, limited to the value of the affected contract. We do not accept any liability for the violation of intellectual property or third party claims.
9.4 If the delivery deadline has been exceeded by an unacceptable length of time – the agreed delivery deadline applies as guidance here – and we were not able to meet with an appropriate extension provided to us in writing by the Customer, the Customer is permitted to cancel the contract.
§10 Severability clause
Should any provision of this contract be or become invalid, this shall not affect the validity of the remaining terms and conditions. The invalid provision shall be replaced with a stipulation that most closely approximates the legally permissible intentions and interests of both parties.
§12 Place of service delivery and court of jurisdiction
Auf die Rechtsbeziehungen zwischen dem Auftraggeber und uns ist ausschließlich deutsches Recht anzuwenden.
§12 Erfüllungsort und Gerichtsstand
12.1 The place of service delivery is the headquarters of Wolfram Heinisch Consulting GmbH in Florstadt.
12.2 The responsible district court for our headquarters in Frankfurt am Main is agreed as the court of jurisdiction for all direct or indirect disputes between us and the Customer.