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These General Terms and Conditions of Consulting apply to contracts in which subject matter is the provision of advice and information by the Contractor to the Client in the planning, preparation and implementation of entrepreneurial or professional decisions and projects, in particular in the following areas:<\/p>\n
Deviating, conflicting or supplementary general terms and conditions of the customer shall not become part of the contract, even if known, unless their validity is expressly agreed.<\/p>\n
The object of the order is the agreed consulting activity specified in the contract, not the achievement of a specific economic success or the preparation of expert opinions or other works. The services of the Contractor shall be deemed to have been rendered when the required analyses, the resulting conclusions and the recommendations have been prepared and explained to the Client. It is irrelevant whether or when the conclusions or recommendations are implemented, unless this is the subject of the contract.<\/p>\n
At the request of the Client, the Contractor shall provide information on the status of the execution of the order or, after the execution of the order, shall render an account by means of a written report which reflects the essential content of the course and result of the consultation. If the Contractor is to prepare a comprehensive, written report, in particular for submission to third parties, this must be agreed separately.<\/p>\n
The Contractor shall perform all work with the utmost care and always with reference to the individual situation and the needs of the Client.<\/p>\n
The contractor is obliged to reflect the situation of the company with regard to the question correctly and completely in the surveys and analyses. Data supplied by third parties or by the client will only be checked for plausibility. The conclusions and recommendations to be derived from the investigations are made to the best of our knowledge and in accordance with recognized rules of science and practice. The recommendations are presented in an understandable and comprehensible manner.<\/p>\n
Unless otherwise agreed, the Contractor may use expert subcontractors for the execution of the order, in which case the Contractor shall always remain directly obligated to the Client. The Contractor shall deploy trained employees with the necessary expertise and shall continuously supervise and control them during the execution of the order. For the rest, he decides at his own discretion which employees he uses or replaces.<\/p>\n
The Contractor shall be obligated to comply with the Customer’s requests for changes insofar as this is reasonable within the scope of its operational capacities, in particular with regard to time and effort.<\/p>\n
Insofar as the examination of the change options or the realization of the desired changes have an impact on the contractual conditions, in particular on the Contractor’s effort or the schedule, the Parties shall agree on an appropriate adjustment of the contractual conditions, in particular an increase of the remuneration and a postponement of the deadlines. Unless otherwise agreed, in this case the Contractor shall perform the work without taking into account the change requests until the contract is adjusted.<\/p>\n
If an extensive examination of the additional expenditure is necessary, the Contractor may request a separate commission for this purpose.<\/p>\n
Changes and additions to the order must be made in writing to be effective. Minutes of such discussions or of the status of the project will do justice to this, provided they are signed by the authorized representatives of both sides.<\/p>\n
The Contractor shall be obligated for an unlimited period of time to maintain secrecy about all information designated as confidential or business and trade secrets of the Client that become known to it in connection with the order. Disclosure to third parties not involved in the execution of the order may only take place with the written consent of the customer. The Contractor shall undertake to oblige all persons employed by it for the execution of the order to comply with this provision. The Contractor is authorized, within the scope of the purpose of the order, to process the personal data entrusted to it or to have it processed by third parties in compliance with the data protection provisions.<\/p>\n
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The Customer shall be obliged to support the Contractor to the best of its ability and to create in its sphere of operation all conditions necessary for the proper execution of the order; in particular, it shall make available in good time all documents necessary or significant for the execution of the order.<\/p>\n
At the request of the Contractor, the Customer shall confirm in writing the correctness and completeness of the documents submitted by it as well as its information and oral statements.<\/p>\n
The remuneration for the services of the Contractor shall be calculated according to the time spent on the activity (time fee) or agreed in writing as a fixed price. Unless otherwise agreed, the Contractor shall be entitled to reimbursement of expenses in addition to the fee. Details of the method of payment are regulated in the contract.<\/p>\n
Insofar as longer-term contracts are invoiced on a time and material basis, the Contractor’s current price list shall apply. This is to be handed over to the client in each case. For contracts concluded in the last quarter, the agreed prices also apply to the following year. If the price change exceeds the customary market prices by more than an insignificant amount, the customer may terminate the contract.<\/p>\n
All receivables are due upon invoicing and are payable immediately without deductions. The statutory sales tax is not included in our price quotations; it will be shown separately in the invoice at the statutory rate on the day of invoicing. Several clients (natural persons and\/or legal entities) are jointly and severally liable.<\/p>\n
The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been acknowledged by us. The Client may only exercise a right of retention if its counterclaim is based on the same contractual relationship.<\/p>\n
The calculation of the ancillary costs and the fee presuppose that the deadlines are implemented according to plan. If project deadlines are postponed by the Client at short notice, resulting in additional costs for the Contractor, these will be invoiced to the Client.<\/p>\n
Insofar as the services are capable of being rectified, the Contractor shall rectify any defects for which it is responsible, insofar as this is possible for it at a reasonable cost. The customer must give written notice of any defects immediately after becoming aware of them. The customer shall bear the full burden of proof for all prerequisites for a claim, in particular for the defect itself, for the time of discovery of the defect and the timeliness of the notice of defect.<\/p>\n
If the supplementary performance fails, the customer may demand a reduction of the remuneration or rescission of the contract. If the order has been placed by an entrepreneur, a legal entity or a special fund under public law, the client may only demand the cancellation of the contract if the service rendered is of no interest to him due to the failure of the subsequent performance.<\/p>\n
In the case of slightly negligent breaches of duty, the Contractor’s liability shall be limited to the direct average damage foreseeable according to the type of performance and typical for the contract. For each individual case of damage, it is limited to 10% of the contractually agreed fee or a maximum of EUR 50,000. In addition, liability insurance can be taken out at the request and expense of the client. A single claim shall be deemed to be the sum of the claims for damages of all beneficiaries resulting from a single, temporally contiguous, delimitable and insofar uniform performance. If a significantly higher risk of damage is foreseeable, the Contractor shall be obliged to offer the Client a higher liability sum, and the Contractor may adjust its remuneration accordingly. The Contractor shall not be liable for the improper application or implementation by the Client of the recommendations contained within the scope of the performance or in the working documents.<\/p>\n
This limitation of liability shall also apply to slightly negligent breaches of duty by the Contractor’s legal representatives or vicarious agents.<\/p>\n
The Contractor shall not be liable to companies, legal entities under public law or special funds under public law in the event of a slightly negligent breach of immaterial contractual obligations.<\/p>\n
The above limitations of liability shall not apply in the event of bodily injury or damage to health attributable to the Contractor or in the event of loss of life of the Client attributable to the Contractor.<\/p>\n
The Customer’s claims for damages against the Contractor shall become statute-barred 2 years after the claim arises and the Customer becomes aware of it or must become aware of it, but in any case 3 years after the claim arises. The shortening of the limitation period shall not apply in cases of intent or fraudulent intent.<\/p>\n
The Client shall ensure that the reports, organization charts, drafts, drawings, lists and calculations prepared by the Contractor within the scope of the order are only used for the contractually agreed purposes and are not reproduced, edited, translated, reprinted, passed on or distributed without express consent in the individual case. The use of the consulting services provided for companies affiliated with the client requires an express written agreement.<\/p>\n
Insofar as work results are copyrightable, the Contractor shall remain the author. In such cases, the Client shall receive the irrevocable, exclusive and non-transferable right of use to the work results, which shall only be restricted by paragraph 1, sentence 1, and shall otherwise be unrestricted in terms of time and place.<\/p>\n
The parties undertake to be loyal to each other. They shall inform each other without delay of all circumstances arising in the course of project execution that may affect processing.<\/p>\n
In particular, the hiring or other employment of employees or former employees who are or were active within the scope of the execution of the order shall be refrained from before the expiration of twelve months after the termination of the cooperation.<\/p>\n
The Client undertakes to inform the Contractor without delay of any intentions to terminate or change the Contractor’s employees deployed for the execution of the order that come to its attention.<\/p>\n
The parties are prohibited from soliciting or attempting to solicit employees of the Company, either themselves or through third parties, as long as they are in an employment relationship with the Company that has not been terminated. Solicitation or attempted solicitation triggers a contractual penalty, the amount of which is set at one year’s salary.<\/p>\n
Events of force majeure that make performance substantially more difficult or temporarily impossible shall entitle the respective party to postpone the performance of its service by the duration of the hindrance and a reasonable start-up period. Industrial disputes and similar circumstances shall be deemed equivalent to force majeure insofar as they are unforeseeable, serious and not the fault of the Supplier. The Parties shall immediately notify each other of the occurrence of such circumstances.<\/p>\n
Unless otherwise agreed, the Contractor may terminate the contract for special cause or good reason with 14 days’ notice to the end of the month. The costs and expenses incurred up to that point must be reimbursed upon presentation of proof. The Customer’s rights of termination shall be part of the contract to be concluded or shall be set forth in a separate contract. The right to extraordinary termination remains unaffected. The termination must be in writing to be effective.<\/p>\n
Until full settlement of its claims, the Contractor shall have a right of retention to the documents provided to it, the exercise of which, however, shall be contrary to good faith if the retention would cause disproportionately high damage to the Client which cannot be justified when weighing both interests.<\/p>\n
After settlement of its claims under the contract, the Contractor shall surrender all documents which the Client or a third party has handed over to it on the occasion of the execution of the order. This shall not apply to the correspondence between the parties and to simple copies of the reports, organization charts, drawings, lists, calculations, etc. made within the scope of the order, provided that the Client has received the originals.<\/p>\n
The Contractor’s obligation to keep the documents shall expire six months after delivery of the written request for collection, otherwise three years, in the case of documents kept in accordance with \u00a7 5. The documents retained in accordance with \u00a7 13. 1. shall be deleted five years after termination of the contractual relationship.<\/p>\n
Rights arising from the contractual relationship with the Contractor may only be assigned with prior written consent. The law of the Federal Republic of Germany shall apply exclusively to all claims arising from the contract.<\/p>\n
Amendments and supplements to these terms and conditions or the contract must be made in writing and must be expressly marked as such. The Contractor may name the Customer as a reference and publish it on the Internet. The exclusive place of jurisdiction for all disputes arising from the contract shall be the Contractor’s registered office, provided that the order was placed by a merchant, a legal entity under public law or a special fund under public law. However, the Contractor shall also be entitled to sue the Customer at the latter’s registered office.<\/p>\n
In the event of a dispute arising from the concluded contract, the parties undertake to conduct mediation in accordance with the Hamburg Mediation Rules for Commercial Conflicts before filing an action with an ordinary court or arbitration court.<\/p>\n
<\/p>\n
Hamburg, August 2013<\/p>\n
Dr.-Ing. Christian Lischke
Lischke Consulting GmbH
Kajen 10
20459 Hamburg<\/p>\n
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General consulting terms and conditionsof the Lischke Consulting GmbH\u00a7 1 Scope These General Terms and Conditions of Consulting apply to contracts in which subject matter is the provision of advice and information by the Contractor to the Client in the planning, preparation and implementation of entrepreneurial or professional decisions and projects, in particular in the following areas: Corporate management\/management consulting, human resources and social services Marketing and sales, technology and logistics Preparation of decisions for the selection of hardware and software Finance and accounting, controlling Management and organization Deviating, conflicting or supplementary general terms and conditions of the customer shall not become part of the contract, even if known, unless their validity is expressly agreed. \u00a7 2 Subject matter of the contract\/scope of services The object of the order is the agreed consulting activity specified in the contract, not the achievement of a specific economic success or the preparation of expert opinions or other works. The services of the Contractor shall be deemed to have been rendered when the required analyses, the resulting conclusions and the recommendations have been prepared and explained to the Client. It is irrelevant whether or when the conclusions or recommendations are implemented, unless this is […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":58,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"_et_pb_use_builder":"on","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"class_list":["post-6779","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"\n