The following general terms and conditions apply to all legal transactions of the service company P + H Engineering GmbH & Co. KG – hereinafter referred to as “service providers” – with its contractual partner – hereinafter referred to as “Principal”.
Insofar as there are individual contractual provisions which deviate from or contradict the provisions of these GTC, the individual contractual provisions shall prevail.
2. Subject of the contract
2.1 The Contracting Parties agree to cooperate in accordance with the specific, individual contractual agreement. An employment contract is not wanted by the parties and is not substantiated.
2.2 For social insurance or tax purposes, the service provider shall take care of himself and release the client from any obligations.
2.3 The service provider is free to work for other clients.
3. Conclusion of the contract
3.1 The contractual relationship for the services comes about through the placing of a customer order by the client (offer) and its acceptance by the service provider. The client is bound to the issue of the customer order (offer) for two weeks.
3.2 The subject matter of the contract or the exact job title is described in a written order.
4. Contract duration and termination
4.1 The contract begins and ends on an individually agreed date.
4.2 The contract can be terminated properly. In this regard, a deadline of four weeks to the end of the month is agreed.
4.3 Termination without notice for important reasons is possible. An important reason is, for example, if the customer with two due, successive payments in default and does not perform after the expiration of a reasonable grace period, the client after conclusion of the contract in financial collapse (insolvency, bankruptcy), unless it was has already filed an application for insolvency proceedings.
5. Scope of services, obligations of the contracting parties
5.1 The services to be provided by the service provider usually include the tasks listed in detail in accordance with the order placed by the client.
5.2 The service provider will inform the client at regular intervals about the result of his work. Contractors may agree on a contract performance schedule and a scheduled end date for the termination of services in the contract.
5.3 If the service provider is unable to fulfill the contractually owed performance of an order, he must notify the client without delay.
5.4 The service provider provides the necessary equipment and the necessary personnel for the provision of services, unless the client has the appropriate equipment or premises, unless otherwise agreed in an individual contract.
The parties shall endeavor, to the best of their knowledge and belief, to assist the counterparty in providing the relevant obligation by providing information, information or experience to ensure a smooth and efficient workflow for both parties.
5.5 Each of the contracting parties can apply to the other contracting party in writing for changes to the agreed scope of services. Upon receipt of an amendment, the beneficiary will consider whether and on what terms the change is feasible and promptly notify the applicant in writing and, if necessary, justify the approval or rejection. If an amendment of the client requires a comprehensive review, the verification effort for this can be calculated by the service provider upon prior notification, provided the client still insists on reviewing the change request.
Possibly. the contractual adjustments to the agreed conditions and services required for a review and / or change are specified in writing in an amendment agreement and are concluded in accordance with these general terms and conditions.
6. Prices and terms of payment
6.1 Services shall be due and invoiced monthly at the fixed price listed in the individual contract after termination or upon agreement of the remuneration on a time and material basis, unless another invoicing is agreed in the contract.
6.2 Estimated prices for time and material based services, in particular cost estimates, are not binding. The estimates underlying the estimates are based on a best judgment of the Scope of Performance.
6.3 VAT is charged at the VAT rate applicable at the time of the service.
6.4 Invoices are payable upon receipt without deduction. If the invoice amount is not received within 30 days of the invoice date, the service provider is entitled to claim default interest. The default interest is 7% p.a. above the base rate applicable at the time of calculation.
7.1 The service provider is liable in cases of intent or gross negligence in accordance with the statutory provisions. Liability for guarantees is independent of fault. For slight negligence, the service provider is liable only in accordance with the provisions of the Product Liability Act for the injury of life, limb or health or because of breach of essential contractual obligations. The claim for damages for the slightly negligent breach of essential contractual obligations, however, is limited to the contract-typical, foreseeable damage, insofar as liability is not due to injury to life, limb or health. The service provider is liable to the same extent for the fault of vicarious agents and agents.
7.2 The provision of the preceding paragraph (7.1) extends to damages in addition to performance, compensation instead of performance and the claim for compensation for futile expenses, for whatever legal reason, including liability for defects, default or impossibility.
The business relationship between the parties is governed exclusively by German law.
If the client has no general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business.