1.1 Our general terms and conditions apply exclusively; we do not recognize conflicting or deviating conditions of the customer, unless we have expressly agreed to their validity in writing. Our terms and conditions also apply if we carry out our service to the customer without reservation in the knowledge of conflicting or deviating terms and conditions of the customer.
1.2 All agreements made between us and the customer for the purpose of executing this contract must be recorded in writing.
1.3 Our terms and conditions only apply to entrepreneurs within the meaning of § 310 Para. 1 BGB.
2.1 A contract is only concluded if the signed contract offer sent to the customer is received by us by post or fax within fourteen days.
2.2 Changes in the offer or an acceptance received by us after the deadline of 2.1 represent a new offer from the customer. A contract is only concluded on this offer from the customer if we accept the offer in writing within seven days of receipt.
3.1 The scope of services results from the respective contractual agreement based on the request and information transmitted by the customer. An examination of the information and specifications of the customer is not owed.
3.2 Translations or explanations of the searched or cited documents are not owed unless expressly agreed otherwise.
The prices stated in our offer plus the statutory sales tax applicable at the time of invoicing and any costs incurred for packaging, transport and freight insurance when the search result is sent to the customer are decisive.
5.1 We are entitled to demand one or more advance payments from the customer in accordance with the contractual agreement.
5.2 Unless otherwise stated in the contract, the invoice is due for payment within seven days of the invoice date. The statutory rules regarding the consequences of default in payment apply.
5.3 Payments are to be made by bank transfer or crossed check to our specified account. We do not have to accept bills of exchange or cash.
5.4 If the customer is in arrears with the payment of the advance, we can demand the entire payment as an advance or terminate the contract without notice. In the event of termination, the customer is obliged to pay for the previous activity. Further claims for damages on our part remain reserved in the event of termination.
5.5 The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by us. He is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.p>
6.1 The beginning of the delivery time specified by us presupposes the complete answering of all questions asked by us regarding the scope of search.
6.2 Compliance with our delivery obligation also presupposes the timely and proper fulfillment of the customer’s obligation. The exception of the unfulfilled contract remains reserved.
6.3 If the customer is in default of acceptance or if he culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage we have incurred, including any additional expenses. Further claims remain reserved.
6.4 If the requirements of No. 6.3 are met, the risk of accidental loss or an accidental deterioration in the performance results is transferred to the customer at the point in time at which the customer is in default of acceptance or a debtor.
6.5 We are liable for delays in delivery within the framework of the statutory provisions. Our liability for damages in this respect is limited to the foreseeable, typically occurring damage if the delay in delivery is not due to an intentional breach of contract for which we are responsible or if the delay in delivery for which we are responsible is due to the culpable breach of a essential contractual obligation.
6.6 Otherwise, in the event of a delay in delivery, we shall be liable for a maximum of 15% of the agreed remuneration.
7.1 Claims for damages by the customer due to poor performance require that the customer immediately checks our performance results and immediately reports any defects.
7.2 If our service is defective, the customer is entitled to demand supplementary performance in the form of rectification of the defect. If the supplementary performance fails, the customer is entitled to choose to withdraw from the contract or to demand a reduction in payment.
7.3 We are liable in accordance with the statutory provisions if the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Insofar as we are not accused of intentional breach of contract, liability for damages is limited to the foreseeable, typically occurring damage.
7.4 We are liable in accordance with the statutory provisions if we culpably breach an essential contractual obligation; in this case, however, the liability for damages is limited to the foreseeable, typically occurring damage.
7.5 Liability for culpable injury to life, body or health remains unaffected;
7.6 Liability is excluded unless otherwise agreed above.
7.7 The limitation period for claims for defects is twelve months, calculated from the transfer of risk.
8.1 A further liability for damages than provided for in 7. is excluded – regardless of the legal nature of the asserted claim. This applies in particular to claims for damages resulting from culpa in contrahendo, other breaches of duty or tortious claims for compensation for property damage in accordance with Section 823 of the German Civil Code.
8.2 The limitation according to 8.1 also applies if the customer demands reimbursement of useless expenses instead of a claim for compensation for the damage instead of the service.
8.3 Insofar as liability for damages towards us is excluded or limited, this also applies with regard to the personal liability for damages of our employees, employees, employees, representatives and vicarious agents.
All services remain our property until all claims from the business relationship have been paid in full, regardless of the legal basis for which they arise.
10.1 The customer receives unlimited, non-exclusive, non-transferable and non-sublicensable permission to use the service in accordance with the contract.
10.2 The use of databases and database excerpts is based on the provisions of the database manufacturer. We will make these available to the customer upon request.
10.3 Copyright notices may not be removed or altered.
10.4 The customer’s right of use is subject to the condition precedent that the agreed remuneration has been paid in full. Prior to this, the right of use is limited to an essential acceptance test that may be required.
11.1 The terms and conditions and the entire legal relationship between us and the customer are subject to German law. p>
11.2 If the customer is a merchant, our place of business is the place of jurisdiction; however, we are entitled to sue the customer at his place of residence. /p>
11.3 Unless otherwise stated in the order, our place of business is the place of performance./p>