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1.
Type and Scope of Services
(1) The object of the service shall be the
performance of the agreed task, not the achievement of any specific
economic result. The task will be performed by the VHT with the care of a
reasonable expert. The VHT reserves the right to retain the services of
other experts in carrying out the task.
(2) Instructions must be given in writing.
Verbal instructions should to be confirmed in writing on request. In the
same way all related arrangements and additions to the scope of the
instructions should be in writing.
(3) Unless otherwise agreed, the VHT shall
not be responsible for checking and / or obtaining any permits or licences
from the authorities that may be required for carrying out the performance
of these instructions.
2.
Client's Obligations
Whether or not requested to do so by the VHT,
the client must, in good time provide the VHT with all documents necessary
for the performance of the task and inform the VHT of all facts which can
be relevant to the task. This applies also to documents and facts which
come to light during the course of the VHT's activities.
3. Reports/Expert Opinions and Verbal
Information
The results of the VHT's activities will -
unless otherwise agreed in individual cases -be set out in writing and be
passed to the client in the form of a report. All explanations and any
information given verbally by the VHT are not binding.
4. Utilisation of the Services Relating to
Instructions
The contractual services performed by the
VHT may only be utilized by the client in the context of the instructions
received from him. The client undertakes to ensure that all experts'
reports, drawings, tables and calculations prepared by the VHT in
accordance with the instructions we only be used for the client's
purposes.
5. Disclosure of Services Performed by the
VHT in Connection with the Instructions
The disclosure of information (opinions,
reports etc.) produced by the VHT in connection with the instructions to a
third party requires true written permission of the VHT, unless it is
clear from the nature of the instructions that disclosure to a specific
third party has been agreed.
6. Remuneration and Reimbursement
(1) The VHT has the right to payment of the
agreed remuneration, together with any expenses which may arise, including
travel costs and sales tax. Where there are several clients, they will be
jointly and severally liable.
(2) Any set off against the VHT's claims
for remuneration and reimbursement will only be allowed in the case of
indisputed or legally proven claims. |
7. Liability
(1) The VHT's liability in relation to
claims of any kind made by the client or any third party is limited to
cases of gross misconduct in performing the services either by the VHT,
its legal representatives and / or its agents and / or any third party for
whom the VHT is responsible.
(2) Any direct right of action against the
staff, agents and any other third party employed by the VHT in carrying
out their services, is excluded, unless these persons act intentionally,
in performing their contractual duties.
(3) The VHT is only liable to pay
compensation for direct damage and only where this type of damage was
foreseeable given the nature of the services
(4) Any liability of the VHT to pay
compensation is limited to a maximum of € 250.000,- for every task
undertaken - except in the case of gross misconduct by one of its
executive managers. This is irrespective of the number of claimants.
(5) The above provisions of article 7 apply
to all the clients' claims, whether contractual or non-contractual unless
otherwise expressly agreed.
(6) Where damage has been caused by the
client, a representative or agent of the client or a third party, section
254 BGB applies.
8. Limitation of Time
(1) The time limit for claims of any nature
against the VHT shall be six months from the completion of the VHT's
activities in the carrying out of the task. If the VHT does not carry out
its instructions, time begins to run three months after instructions were
given.
(2) The VHT's activities shall be regarded
at an endwhen the client receives the VHT's report or otherwise is
informed that the VHT is not longer acting or does not wish to continue to
act or further with expiry of the extension of time given by the client
for the delivery of a report or a final report.
9. Applicable Law, Place of Performance and
of Jurisdiction
(1) All legal relationships arising from the
instructions and in connection with them, including negotiations,
are subject to German law.
(2) The place of performance for all
obligations arising from the contractual relationship and in connection
therewith, is the domicile of the VHT.
(3) Insofar as the client is a merchant,
legal entity under public law or a public law special concern or insofar
as the client does not have any domestic legal status or has changed his
domicile and taken its residence out of the jurisdiction after the
instructions were given, the courts at the VHT's domicile have exclusive
jurisdiction over any legal dispute.
10. Partial Invalidity
In the event that any of these terms are, or
become partially or wholly invalid, the rest of these conditions will be
unaffected. Invalid terms or parts thereof will be replaced and omissions
will be filled by corresponding legal provisions.
In the event of any difference between these
conditions and the German language version, the latter shall prevail.
Hamburg and Bremen, January 1st, 2002 |
