Terms and Conditions (GTC)
1 | Effective range
1.1 These terms and conditions apply to all services provided by MUELLER PM. Project Management & Consulting (hereinafter MUELLER PM.) and are effective for all business dealings with our customers. They are recognized by placing an order and apply for the duration of the business relationship.
2 | Order placement and performance
2.1 The basis of the business relationship is the respective consulting contract or the written order placed by the customer, in which the scope of services and the agreed remuneration are recorded. A written order can be placed by post or email. After confirmation of the order by MUELLER PM. the order is considered accepted.
2.2 If necessary, MUELLER PM. further, external consultants are called in, whereby the business relationship between MUELLER PM. and the respective client, however, will continue to exist, unless otherwise agreed.
2.3 Updates and changes to offers and orders are specified in writing by both parties and are part of the contractual relationship as an additional agreement.
3 | Prices
3.1 All named and agreed prices are net costs, i.e. without the statutory value added tax of currently 19%.
4 | Payment & due date
4.1 Entitlement to payment of the services arises for each individual service as soon as it has been provided by us. All services that have not been expressly agreed as being included in the price are ancillary services that are charged separately.
4.2 As soon as the customer receives the invoice, the price is due for payment.
4.3 The customer is in default even without a reminder on our part if he does not make the payment within 30 days of receipt of the invoice. In this case we are entitled to demand default interest of 5% above the applicable base rate.
4.4 The customer is only entitled to offset and withhold similar claims if they have been legally established and are undisputed. For unequal claims, a right of retention is limited to claims from the same contractual relationship.
5 | Delivery times & dates
5.1 The delivery times stated in the respective consulting contract or the written order placement can only be guide times or expected dates that are given to the best of our knowledge and belief. Failure to meet a deadline only entitles the customer to assert his statutory rights if he has set us a reasonable grace period.
6 | Customer's obligation to cooperate
6.1 The customer provides us with all documents, information and materials required to carry out the commissioned services.
7 | Confidentiality Clause
7.1 We are obliged to maintain secrecy about all operational, business and private matters that we have become aware of in the course of the commissioned activity. The duty of confidentiality also applies after termination of the contract and can only be revoked in writing by the client himself. In addition, we are obliged to carefully store the documents provided to us and to protect them from being viewed by third parties. No documents, documents or the like given to us by the customer will be returned to the customer.
8 | Liability
8.1 MUELLER PM is liable in cases of intent or gross negligence in accordance with the statutory provisions. The liability for guarantees is independent of fault. For slight negligence, MUELLER PM is only liable in accordance with the provisions of the Product Liability Act, due to injury to life, limb or health or due to the breach of essential contractual obligations. The claim for damages for the slightly negligent breach of essential contractual obligations is limited to the contract-typical, foreseeable damage, unless liability is due to injury to life, body or health.
8.2 The regulation of the preceding paragraph extends to compensation for damages in addition to the service, the compensation for damages instead of the service and the claim for compensation due to futile expenses, regardless of the legal reason, including liability for defects, delay or impossibility.
9 | Notification of defects
9.1 If the customer does not notify us of any objectively existing, serious defects within 14 days of processing the order, the order is deemed to have been finally completed.
9.2 If the customer questions a service completely, this complaint must be substantiated by a serious counter-opinion drawn up by a third party.
9.3 If a complaint is made, we must be given the opportunity to make improvements. If this improvement is demonstrably unsuccessful, the client has the right to a reduction in price or conversion. In any case, however, liability is limited to the amount of the order in question. We do not assume any liability based on the infringement of a copyright or on the claims of third parties.
9.4 If the delivery deadline has been exceeded for an inappropriately long time - the individually agreed delivery deadline applies here as a guide value - and we have not been able to meet a reasonable grace period communicated in writing by the customer, the customer is entitled to withdraw from the contract.
10 | Severability clause
10.1 Should any provision of these terms and conditions set out here be or become ineffective, this shall not affect the remaining provisions. Instead of the ineffective provision, a regulation should come into effect that, within the framework of what is legally permissible, comes closest to the will and interests of both parties.
11 | Applicable law
11.1 German law applies exclusively to the legal relationship between the customer and us.
12 | Fulfillment and jurisdiction
12.1 The place of performance is the headquarters of MUELLER PM. in Cologne. The place of jurisdiction for all disputes arising directly or indirectly between us and the customer is agreed to be the local court responsible for our headquarters in Cologne.
Christoph A. Mueller | MUELLER PM. Project Management & Consulting
Cologne, 2020-11-09