1. general / scope of application
1.1 These General Terms and Conditions of Business of Mark Haacke Automotive, hereinafter referred to as the Contractor, apply to all products and services of Mark Haacke Automotive and govern the general contractual terms and conditions vis-à-vis the customers, hereinafter referred to as the Client.
1.2 The offers of Mark Haacke Automotive are aimed exclusively at clients who make use of the services in the exercise of their commercial or independent professional activity (entrepreneurs within the meaning of § 14 BGB).
1.3 These General Terms and Conditions shall also apply to all future contractual relationships, even if no express reference is made to them in supplementary contracts.
2. offer and acceptance of offer
2.1 The scope and content of the specific service shall be contractually determined and agreed in each individual case. A complete description of the expected service by the client – hereinafter referred to as the specification sheet – and a description of the implementation by the service recipient – hereinafter referred to as the functional specification sheet – are decisive for this.
The requirements specification and functional specification form the basis for an individual offer.
2.2 Specifications and functional specifications do not need to be in writing. The agreed scope of services and the applicable remuneration can be made as part of the offer and acceptance of the offer.
The quotation and order always contain a brief description of the agreed service.
2.3 Offers must be made in writing.
If the written form is waived by mutual agreement, the list prices of Mark Haacke Automotive valid at the time of acceptance of the offer shall always apply in case of doubt. The written form of the offer may also be waived tacitly. The decisive factor is that the service provision is actually accepted, even in part.
2.4 Acceptance of the offer must be in writing. If the written form is waived by mutual agreement, the underlying offer shall always be the basis for the order. The offer can also be accepted informally.
The written form of the offer may also be waived tacitly. The decisive factor is that the service provision is actually accepted, even in part.
2.5 On the part of the Contractor, the person of the Client shall be deemed to represent the commissioning company that places the specific order, unless a specific agent has been named by the Client. Errors on the part of the client regarding the authorizations of the party placing the order shall not entitle the client to refuse payment.
2.6 The Contractor shall be entitled to have the tasks incumbent upon it performed in whole or in part by third parties. Payment of the third party shall be made exclusively by the Contractor itself. No direct contractual relationship whatsoever shall arise between the third party and the client.
2.7 The Client undertakes not to enter into any business relationship whatsoever with persons or companies which the Contractor uses to fulfill its obligations arising from the mutual contract during and for a period of three years after termination of this contractual relationship.
In particular, the Client shall not commission these persons and companies with such or similar consulting services that are also offered by the Contractor.
3. work result
3.1 If a specific work result is deemed to have been agreed, this shall be derived from the specifications and requirements specification, or alternatively from the offer and acceptance of offer.
The nature of consulting is to accompany tasks in an advisory form. This means that the consultation, as well as its preparation and follow-up, is deemed to be a work result owed if no specific work result has been agreed.
3.2 If the scope of the order is extended in the course of the provision of services, the conditions and prices already agreed for the basic order shall initially apply without the need for a separate order.
If the content of the order extension and the existing order are not consistent, this results in an independent order. In the absence of individual agreements, these GTC and the associated list prices shall be deemed accepted.
The total scope of the order is extended by the scope of the extension of the content of the order.
3.3 If the scope of the order is reduced by the client or the order is terminated prematurely so that the agreed work result cannot be provided as agreed, the client shall have no claim to the surrender of the project documentation or any interim results.
3.4 If the content of the order or the expected work result is changed by the Client in an ongoing order, this shall entitle the Contractor to a final settlement of the commenced order and an assessment of the changed task and an associated possible adjustment of the scope of services.
3.5 The processes and templates on which Mark Haacke Automotive relies for order processing are deemed to be the intellectual property of Mark Haacke Automotive. Even if the work results are handed over, the Contractor shall not be entitled to use the documents and templates.
3.6 In exceptional cases, this regulation may be waived, but entitles Mark Haacke Automotive to charge a fee calculated from a processing of the corresponding interim results.
3.7 Mark Haacke Automotive assumes no liability whatsoever for partial results or documents transmitted in this context and for damages resulting from their use.
3.8 Verbally expressed considerations, for example in the context of meetings, do not constitute a usable work result and are to be regarded as non-binding. This is not changed by written or electronic records of the oral statements.
4 Cancellation condition
4.1 Cancellations for good cause are generally possible, but must always be made in writing.
4.1.1 Cancellations up to 6 weeks before the agreed start of the service provision are possible free of charge.
4.1.2 Cancellations made less than 6 weeks but more than 4 weeks before the start of the service provision shall be invoiced at 50% of the agreed scope of the order.
4.1.3 Cancellations made less than 4 weeks but more than 2 weeks before the start of the service provision shall be invoiced at 75% of the agreed scope of the order.
4.1.4 Cancellations made less than 2 weeks before the agreed start of performance shall entitle the Contractor to charge 100% of the agreed scope of the order.
4.1.5 For out-of-pocket expenses (for expenses, project-related purchases, external services, individual work equipment, etc.), the cancellation conditions of the relevant subcontractor shall apply. The contractor is entitled to charge any costs to the client.
4.1.6 For orders with a longer term, the above cancellation conditions shall apply to the correspondingly planned service periods and the scope of services provided for this purpose.
4.1.7 If an order is started and fully completed by the client before the service is rendered, this shall entitle the contractor to invoice the agreed scope in full.
If both parties agree to waive billing for the full scope, any discounts granted will be charged subsequently. This also applies to discounts that are not explicitly listed in the offer. The actual list prices applicable at the time the service was rendered shall be decisive.
4.2 Subject to mutual agreement, any cancellation fees may be credited in full or in part for any subsequent orders. These agreements must always be made in writing.
4.3 Delays in order processing caused by the Client or a cancellation shall entitle the Contractor to claim damages.
4.4 For consulting services aimed at a group of participants from different companies (referred to as “open training” in external communication), the Contractor is entitled to cancel agreed dates if it becomes impossible to provide the service or if the required minimum number of participants is not reached.
5. invoicing
5.1 The client is obliged to name a specific invoice recipient and their contact details. This may be waived if the invoice is issued electronically and the contractor has access to the billing system.
5.2 The specific terms of payment shall be agreed individually. The basis for this is a credit assessment of the client by the contractor, as well as the assessment of the client as part of internal audits by the contractor.
5.3 If no individual terms of payment apply, the following terms of payment shall be deemed accepted by the client.
5.3.1 Interim invoices every 14 days, payment deadline 7 days
5.3.2 Final invoices immediately, payment deadline 30 days
5.3.3 Expenses (for expenses, project-related purchases, external services, individual work equipment, etc.) immediately, payment deadline 5 working days
5.4 The User is entitled to send invoices to the contractual partner in electronic form. The Contractual Partner agrees to the sending of invoices in electronic form by the User.
5.5 The Contractor reserves the right to commission a third party (factor) to collect the invoice amount.
5.6 An invoice shall be deemed accepted if no complaint is made within 7 calendar days of issue.
6. obligation of the client to provide information / declaration of completeness
6.1 The Client shall ensure that the organizational framework conditions at its place of business allow the Client to work as undisturbed as possible and in a manner conducive to the rapid progress of the consulting process.
6. the client shall ensure that all documents necessary for the fulfillment and execution of the order are submitted to the contractor in a timely manner, even without the contractor’s special request, and that the contractor is informed of all processes and circumstances that are important for the execution of the order. This also applies to all documents, processes and circumstances which only become known during the activity of the user.
7. protection of intellectual property
7.1 The copyrights to the works created by the Client and its employees and commissioned third parties (in particular training documents and presentations, reports, analyses, expert opinions, organizational plans, process descriptions, report templates, templates for process and work instructions, service descriptions, offers, order conditions, drafts, calculations, drawings, data carriers, etc.) shall remain with the Client. They may be used by the client during and after termination of the contractual relationship exclusively for purposes covered by the contract. In this respect, the Client shall not be entitled to reproduce and/or distribute the Work(s) without the Contractor’s express consent, unless the purpose of the Agreement so provides.
7.2 If the Client uses the work results of the Contractor in combination with work results of other parties to create an overall work result, for example for a third party, the Client shall be obliged to identify the origin of the relevant sections in a comprehensible form and to indicate the author in full. In this context, a clear demarcation from the work results of other parties must be made.
If the Client passes on the Contractor’s work results unchanged, the Contractor must be notified of the recipient of the work results. The work result may not be changed by the contractual partner in this case, neither in terms of content nor form.
7.3 Any breach of these provisions by the contractual partner shall entitle the contractor to terminate the contractual relationship prematurely with immediate effect and to assert other statutory claims, in particular for injunctive relief and/or damages.
8. warranty
8.1 The contracting parties shall be entitled and obliged, irrespective of fault, to rectify any inaccuracies and defects in their performance that become known. You are obliged to inform the contractual partner of this without delay.
8.2 This claim of the client shall lapse within one year from the end of the year in which the claim arose and the client obtains knowledge of the circumstances giving rise to the claim and the identity of the debtor or fails to obtain such knowledge due to gross negligence.
8.3. This claim shall also expire if the destruction of data and information after the provision of the service has been contractually agreed and it has become impossible to rectify the situation due to the contractual destruction of the data and information.
9 Liability / Compensation
9.1 The Contractor shall only be liable for damages that are demonstrably attributable to the work results of the Contractor.
9.2 The Contractor shall only be liable for slightly negligent breaches of duty if these relate to material duties arising from the contractual relationship (cardinal duties) or such duties whose fulfillment is essential for the proper execution of the contract and on whose compliance the Client can and may regularly rely.
This liability is limited to the typical damage foreseeable at the time the terms and conditions become effective. The Contractor shall be liable for personal injury and for damage caused by gross negligence or intent in accordance with the statutory provisions.
This shall also apply mutatis mutandis to damage caused by third parties engaged by the contractor.
9.3 Claims for damages by the contracting parties shall become time-barred within one year from the end of the year in which the claim arose and the respective contracting party became aware of the circumstances giving rise to the claim and the identity of the debtor or was grossly negligent in not becoming aware of them. Excluded from this are claims based on injury to life, limb or health as well as claims based on grossly negligent or intentional behavior on the part of the contractor or its vicarious agents.
9.4 If the Contractor provides the service with the assistance of third parties and warranty and/or liability claims arise against these third parties in this context, the Contractor shall assign these claims to the Client. In this case, the Client shall primarily seek satisfaction from these third parties and shall only be entitled to demand satisfaction from the Contractor after the unsuccessful expiry of a reasonable deadline set by the contractual partner.
10. confidentiality / data protection
All regulations on confidentiality and data protection require a specific regulation that explicitly names all those in need of protection.
11. final provisions
In the event that individual provisions of these General Terms and Conditions are and/or become invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof.
12. place of performance – choice of law – place of jurisdiction
12.1 Unless otherwise stated in the contract concluded, the place of performance and payment shall be the Contractor’s place of business.
12.2 The law of the Federal Republic of Germany shall apply to concluded contracts.
12. the exclusive place of jurisdiction for contracts with merchants, legal entities under public law or special funds under public law shall be the court responsible for the Contractor’s place of business.