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T&C On-&zwsp;site ser­vices IC - Seidl Tech­nolo­gies

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T&C On-​site ser­vices IC

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  1. Scope of application
  2. Contracting parties
  3. Conclusion of contract
  4. Offers
  5. Permissions
  6. Obligations of the contractor
  7. Information obligations
  8. Duties to cooperate
  9. Prices
10. Terms of payment
11. Order execution
12. Acceptance test
13. Transfer of risk
14. Terms of delivery
15. Governed cases of impossibility
16. Warranty and guarantees
17. Liability
18. Force majeure
19. Reservation of proprietary rights
20. Privacy policy
21. Right of withdrawal
22. Cancellation of the contract
23. Online dispute resolution
24. Final provisions
 

Terms and conditions of our On-site services Internet Connectivity (IC)

1. Scope of application

The following terms and conditions are the authoritative basis of all the contracts for work and services pursuant to sections 631 et sequentes, German Civil Code (BGB), on which the entrepreneur, hereinafter referred to as the contractor, executes orders under the title On-site services Internet Connectivity (IC). The emphasis of the contract with the customer, hereinafter referred to as the principal, is the fee-based achievement of an agreed result, accomplished by the contractor. Any supplies, being necessary for the order fulfillment here, are, from the point of view of contract law, mere collateral performances.

It shall apply the version of these terms and conditions that was valid at the time of contract conclusion. The present text release is the version 2 of July the 16th, 2016. The depicted prices correspond to the pricing plan 1 of October the 22nd, 2015.

These terms and conditions of the contractor are available in German, English and Spanish. The English and Spanish texts are more or less free translations from German, that is, they do not represent versions being adapted to the respective area of language. Only the German version has legal validity, unless otherwise required by mandatory legal regulations.

Existing individual agreements take precedence over these terms and conditions. Any other terms and conditions of the principal shall become a component of this contract only upon a written confirmation by the contractor. Otherwise, the validity of them is hereby rejected.

2. Contracting parties

These agreements are made between Seidl Technologies UG (haftungsbeschränkt), Burgstraße 51, 99752 Bleicherode, GERMANY, as the contractor, and you, as the principal. As the contracting partner of the contractor, the principal is either a consumer or an entrepreneur. A consumer means every natural person who enters into a legal transaction for purposes wholly or mainly outside any trade, business, craft or profession of that person. An entrepreneur means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business, craft or profession.

3. Conclusion of contract

(1) The details of the pre-contractual stage in its first form here are the following ones. The potential contractor first of all presents the prospect of services, entitled On-site services Internet Connectivity (IC), which have to be understood as a nonbinding contractual offer that may be subject to changes. If a potential principal is now interested in these services, then he can, also without any responsibility, deal with a questionnaire that is found within the Customer data form. In this phase, those questions do only serve as an elucidation. If there is further interest, the potential principal shall request a Customer ID and a Customer password as the next step, again, without any responsibility in the sense of this contract. When the potential principal contacts the potential contractor in this matter by telephone, then the access data will normally be communicated in the course of the same call. When the potential principal contacts the potential contractor in this matter by email, then the potential contractor will react within the next seven working days. However, the potential contractor reserves the right to suspend the issuance of access data, for example, for the reason of the temporary exhaustion of any resource. Through the access data delivery, the potential principal has an account available that can be used to prepare a nonbinding contractual offer, an offer he will bring to the potential contractor in due course, or perhaps not. In turn, the potential principal is obliged to carefully store all access data being assigned to him and protect such data against the use by third parties. If a once established account is left untouched for two years, or in the case of evidence of account abuse, it will first of all automatically be locked. If an automatically locked account never served to conclude a business transaction, then this account will immediately be deleted after it has been locked, otherwise, it will permanently be deleted after the retention periods required by commercial and tax laws will have elapsed. Next, at some point, the potential principal will have answered all the questions lodged in the customer data form to the best of his knowledge and belief, and will have elaborated a nonbinding contractual offer in this way. About that, he can now inform the potential contractor. The latter is done by checking a dedicated field in the customer data form and submitting the entire form. Hereupon, the potential contractor will try to contact the potential principal within the next seven working days by telephone. Do all the attempts to contact the potential principal fail, the potential contractor discontinues his activities and waits for a telephone call from the potential principal. During the finally realized telephone conversation, it may happen that it is talked about the amount of a possible deposit. It may furthermore happen that the potential principal declares his hitherto nonbinding contractual offer as binding and mandatory and becomes thus the principal, and the potential contractor accepts this binding and mandatory contract offer and becomes thus the contractor. So the contract is to be regarded as concluded. If any of the parties to this contract requests to put the contract in writing, the requirement must be complied with. During the mentioned telephone conversation, it can, however, also happen that the parties state that further actions are necessary to conclude the contract, or, that the contract negotiations have to be considered as having failed.

(2) A second form of the pre-contractual stage, accepted in exceptional cases, is the following one. The potential principal contacts the potential contractor by telephone without any engagement. Does the potential contractor accept this form of the pre-contractual stage, then he builds in the course of the telephone conversation a customer account for the potential principal, assuming the latter does not yet have such one, and fills out on his behalf the answers to the questions posed in the customer data form, and all that without any engagement, again. The Parties shall arrange further, when and how the resulting, hitherto nonbinding contractual offer should be declared as binding and mandatory, and continue at the appropriate point as described under (1).

(3) Exercising the third form of the pre-contractual stage that is always accepted, the principal simply contacts the potential contractor by telephone and submits his binding order to perform, based on a conversation hold at the principal's premises, all preparation for a follow-on contract, which, for its part, has the subject of achieving some agreed success. As under (2) the potential contractor fills out the customer data form on the principal's behalf. If the potential contractor subsequently accepts, he becomes the contractor. Thus, a contract is concluded. Its subject is the preparation of all the documentation to negotiate the mentioned follow-on contract, and its possible side effect is the comprehensive face-to-face counseling of the principal. The mentioned follow-on contract may then, of course, concluded with any other business different from the contractor. It also applies here that if any of the parties to this contract requests to put the contract in writing, the requirement must be complied with.

4. Offers

Offers of the contractor are basically nonbinding. Provided the contractor presents a written offer, or one in electronic form, and nothing else has been agreed upon, this offer shall be binding within the period of fifteen calendar days beginning with the day the principal has received that offer.

Any quantitative information, given in the documents belonging to the offer, that has to be regarded as a technical parameter related to the agreed result is only almost exact. If the principal requires the mandatory observance of certain parameters, then he has to specify a corresponding tolerance range for each parameter to which this applies.

5. Permissions

If the works to be performed by the contractor require any regulatory or other permissions, then these permissions have to be provided by the principal and have to be made available to the contractor on time, see also 8. (1). The contractor has to supply the principal with all the necessary documents for this.

6. Obligations of the contractor

The principal or his representative, see 3. (2) (3), has defined some agreed success through the entries made in the customer data form.

The contractor shall achieve this agreed success, provided that none of the cases described under 15. is discovered. If there is, on the other hand, discovered at least one of the cases described under 15., then the achievement to be supplied by the contractor changes as follows. So it is agreed to replace the originally agreed success by another, namely, to demonstrate the existence of one of those cases described under 15., or having demonstrated the latter.

The described modification of the agreed success has advantages for both parties. The latter is substantiated as follows. The risk to be forced to quit in case of impossibility of performance according to sections 275 and 326 BGB, which is of course not advancing any of the contracting parties, is minimized from the outset by, pursuant to section 313 BGB, legally modifying the task of the contractor in the most frequent cases of impossibility of performance, and all that, that the contractor helps to elucidate the cause of the impossibility of performance of the originally planned activity. Here, it is assumed that the principal was not able to detect the existence of one of the cases described under 15. by himself, and is therefore interested in finding out the cause of the impossibility of the original performance. Only that way does the principal finally get the chance to attain the originally planned performance after the obstacles standing in the way will have been removed. A less constructive alternative to the described approach would be the one that simply forces the principal to accomplish the necessary preconditions for the successful performance through a duty to cooperate. In the interest of a fair relationship between the principal and the contractor, the application of such practices shall, however, not be exercised here.

The contractor accomplishes the agreed success on his own responsibility. The contractor also undertakes deliveries, occasionally necessary for the accomplishment of the agreed success, on his own responsibility. To accomplish the contractually agreed success, the contractor is, however, entitled to use services of third parties.

The contractor will provide his contracted services in accordance with the principles of proper exercise of occupation and with appropriately qualified staff being committed to secrecy.

7. Information obligations

The principal is obliged to provide truthful and complete information. In particular, this applies to the Contact details queried by the customer data form and some entries that have to be made in the Text field for final comments of the customer data form, concerning the points (1) through (9) under 8. here. If the principal is not sure whether the entries he made in the customer data form are correct, he is obliged to contact the contractor to safely eliminate eventually existing incertitudes. If transaction-related data changes, the principal is furthermore obliged to immediately report this changed data to the contractor.

Making, a priori, wrong declarations in the part Contact details of the customer data form, omitting entries in the Text field for final comments of the customer data form, entries that arise from the points (1) through (9) under 8. here, and omitting to report changed data to the contractor, data that is of relevance for the commercial transaction, all the three represent violations of cardinal duties, see 22. (1).

8. Duties to cooperate

(1) The provision of regulatory or other permissions that may be necessary, see also 5., is hereby elevated to a duty of the principal to cooperate. Is the principal unable to obtain the necessary permissions, he shall, in any case, record that fact in the Text field for final comments of the customer data form, such that it can be agreed upon how to proceed in the corresponding situation. Besides, it should be noted here that the need to obtain such permissions may, under certain circumstances, turn out not before the beginning of the works. A good example of such a case is that the principal is a flat renter and the contractor diagnoses a faulty subscriber's lead-in.

(2) The principal is obligated to grant the contractor access to all premises, in which there is any component of the communications infrastructure that is involved in the action. These include in particular those premises in which only cables run. Is the principal unable to grant the contractor access to the premises in question, he shall, in any case, record that fact in the Text field for final comments of the customer data form, such that it can be agreed upon how to proceed in the corresponding situation.

(3) The principal has to ensure that there are reasonable working conditions in the premises that need be entered and that there is no risk of injury to life, body or health. If the principal cannot fulfill this duty, he shall, in any case, record that fact in the Text field for final comments of the customer data form, such that it can be agreed upon how to proceed in the corresponding situation. In addition, a remark. The contractor has usually no problem to renew the subscriber's lead-in in a wet basement vault, provided he has accordingly been prepared. Is there, however, just as an example, the water half a meter high, it will be unlikely that such an order can be accepted.

(4) If there are valuable goods in the principal's premises, in those premises that need be entered by the contractor, or is the furnishing of these premises themselves valuable as it may be, for example, the case in churches, castles and museums with partly historical parquets, wallpapers and furnitures, the pricipal has to do everything imaginable in order to preserve these valuable goods against any damage that they could suffer due to the works performed by the contractor, even with the utmost caution. On request, the valuable goods have to be insured for the period of execution of the works at the principal's expense. If there are circumstances as the mentioned ones, the principal shall, in any case, record that fact in the Text field for final comments of the customer data form, such that it can be agreed upon how to proceed in the corresponding situation.

(5) The principal has to supply the contractor with free electricity and water. Is the principal unable to supply the contractor with free electricity and water, he shall, in any case, record that fact in the Text field for final comments of the customer data form, such that it can be agreed upon how to proceed in the corresponding situation.

(6) If the agreed success includes the commissioning of an Internet connection or any Internet access improvements, the principal shall, at the request of the contractor, fully disclose the existing business relations with the telecommunications service provider and shall give access to the documents of the contract with the provider. If the principal cannot fulfill this duty, he shall, in any case, record that fact in the Text field for final comments of the customer data form, such that it can be agreed upon how to proceed in the corresponding situation.

(7) The principal has to gather all the necessary login credentials and the user names and passwords of every component of the communications infrastructure that is involved in the action and has to provide the contractor with this data at the request of the latter. Is the principal unable to provide the described data, he shall, in any case, record that fact in the Text field for final comments of the customer data form, such that it can be agreed upon how to proceed in the corresponding situation.

(8) During the works on the principal's premises, the principal shall, as far as necessary, be available, that he is able to reply to possibly occurring queries submitted by the contractor. If the principal cannot be available for any queries of the contractor, he shall, in any case, record that fact in the Text field for final comments of the customer data form, such that it can be agreed upon how to proceed in the corresponding situation.

(9) The contractor refuses in the first instance to work at facilities, which are critically involved in key processes that belong to the military or police, the energy, water or mining industries, the healthcare, or the transportation. If the facilities of the principal belong to the mentioned sectors, the principal shall, in any case, record that fact in the Text field for final comments of the customer data form, such that it can be agreed upon how to proceed in the corresponding situation.

9. Prices

(1) The attainments from the contracts described under 3. are invoiced as follows. Charges levied by the contractor consist of labor costs, material costs, and costs to cover travel expenses. Labor costs are calculated by taking the summed time every single employee or assistent of the contractor spent at the principal's premises, multiplied by a fixed rate of €30 per hour and person. The latter amount contains approximately €4.79 of Value Added Tax (VAT) per hour and person. The use of material is subject to agreements, and the same applies to its prices. Costs to cover travel expenses are determined here by taking the total number of driven kilometers to and from the principal's premises, multiplied by the fixed rate of €0.50 per kilometer. That value includes nearly €0.08 of VAT per kilometer. Principals in Bleicherode are not charged for the distance traveled.

(2) The contractor is obliged, to keep the number of vehicles used for the transportation as low as possible.

(3) Cost estimates are made on the basis of an on-site problem analysis. They are therefore to be remunerated as other attainments, as described under (1).

10. Terms of payment

Unless otherwise agreed, after acceptance of the works, see 12., invoices are immediately due and payable. After acceptance of the works and receipt of the invoice, the principal has to effect all payments to the contractor without any deduction, and that not later than fifteen calendar days after the date of the invoice receipt. If the payments are not made on time, the principal is in arrears, unless otherwise required by mandatory legal regulations.

All payments by the principal to the contractor have to be performed as noncash transactions, using one of the accounts specified under Banking details. The principal bears the transfer costs.

To ensure the assignability of payments in case of simple misspellings, the bank transfer form field Payment details should be filled with at least two of the following three items. These three items are the Invoice number, the Customer ID, one of the login credentials to access the Customer data form, and the Telephone number of the contact person, the latter exactly as it has been deposited in the area Contact details of the customer data form.

The principal may only offset undisputed or legally established counterclaims.

11. Order execution

The principal and the contractor agree upon the dates of execution of the works.

The works have to be started not later than sixty days after the date of the contract conclusion.

The works have to be completed not later than thirty days after the date of the commencement.

In the case of an agreement to pay a deposit, the works will not begin before having the deposit received in one of the contractor's bank accounts.

If the contract has been concluded exercising the third form of the pre-contractual stage, see 3. (3), the principal can count on that, that the agreed performance is accomplished with one on-site visit. In all other cases he can hope for that, but cannot demand it.

12. Acceptance test

The principal is obliged to perform an acceptance test conducted to determine whether the work or service meets the contractually agreed result. The acceptance test is due at the end of the contractor's last working day on the principal's premises. The result of the acceptance test is to be documented in written form or in text form, see section 126b BGB.

The principal may not refuse acceptance because of minor defects. It is equivalent to acceptance if the principal does not accept the work or service within the fourteen days after the contractor's last working day on the principal's premises, although the principal is under a duty to do so.

13. Transfer of risk

The contractor bears the risk of accidental loss and accidental deterioration of his works and services up to acceptance in accordance with 12. After acceptance, the principal bears this risk.

If the principal comes into default of acceptance, the risk of accidental loss and accidental deterioration of the works and services shall pass to him at the moment he gets in arrears.

The risk shall also pass to the principal if the works and services of the contractor have been interrupted for reasons the principal is responsible for, and the contractor has, by consensus, passed his works, rendered until then, into the care of the principal.

Devices left for testing purposes remain with the principal at his risk and peril. The principal is responsible for the proper use and carries the risk of accidental loss. Upon request, the devices have to be insured at the principal's expense.

14. Terms of delivery

The contractor does basically not dispatch installation material and devices through transportation companies. Installation material and devices are delivered to the destination by the contractor. At the destination, that is to say, on the principal's premises, the installation material is processed and the devices are put into operation, are tested for operability, and are passed being ready for acceptance.

15. Governed cases of impossibility of performance

(1) In case (1), the originally agreed success is commissioning or improving some Internet access. In the course of his works, in this case (1), the contractor additionally finds out that with standard-compliant equipment, which is in the property of the contractor, which elsewhere properly works, and which is directly and exclusively connected to some point immediately following the Demarcation point of the incumbent local exchange carrier, there is no connection establishment. Next, under the condition that the telecommunications service provider under contract has supplied equipment or the principal has provided equipment out of his possession, the contractor also finds out that, even with this directly and exclusively behind the demarcation point of the incumbent local exchange carrier connected equipment, too, it does not come to a connection. So far, the experimental situation. Although it is further known that the aforementioned circumstances hardly serve as a demonstration for the impossibility of performance, an impossibility assertion in science can never be absolutely proved, seriously, but this impossibility can reasonably be assumed because, based on properly conducted tests done with checked equipment immediately after the demarcation point, it is very likely that there can be only two reasons for the connection setup failure. Either the telecommunications service provider under contract does not supply as promised, or the login credentials are invalid. It follows further that, in the present case (1) the contractor is not responsible for the impossibility of performance. In addition, the contractor was not aware of the impediment to performance when entering into the contract and is also not responsible for his lack of awareness. The contractor hereby only indicates that there is a possibility that a case like this can always be found here. On the other hand, it is hardly reasonable to expect that the principal will do his own experimentation using different equipment immediately after the demarcation point of the telecommunications network operator. The determination of the existence of this case (1) here represents, therefore, a useful result for the principal that he has to remunerate accordingly. So, after completion of working it is clear that, to move forward, the principal must contact the telecommunications service provider instead of looking for a failure in his own installation, and that with the sureness at the back that correctly conducted studies can give.

(2) Except for one difference, the characterized case (2) here corresponds to the one described in (1). So, the connection is indeed established with various equipment available, but the negotiated data rates are very low down, vary considerably, and the connection breaks more or less frequently, especially at higher traffic. As in (1), professionally identifying the presence of this case (2) here represents a useful result for the principal that is again worth to be paid, and that allows to face the telecommunications service provider under contract with some support.

(3) In case (3), it comes to works related to Wi-Fi. In questionable situations, the contractor assembles, on the principals's premises, with standard-compliant equipment, simple wireless transmission links, such that the Wi-Fi access point and the Wi-Fi client are in the same room, do see each other, and are not too far apart. These transmission links are loaded with traffic. Depending on how these transmission links behave as a whole, the contractor finally declares the possibility of performance of the originally agreed achievement and accomplishes this achievement, that is, the case (3) is not present, or declares the impossibility of performance because of a too strong electromagnetic contamination of the principal's environment, that is, the case (3) is present. In the presence of case (3), the amended and chargeable performance of the contractor is the determination of the impossibility of performance, but not the search for the source of the electromagnetic pollution.

(4) In case (4), the originally agreed success consists in setting up a connection based on Power-Line Communication technology (PLC). In countries where electrical installations are based on cables with stranded copper wires, PLC is practically Plug & Play. Germany is no such country. In Germany, those electrical installations predominate that are based on cables with solid wires. In addition, all the three phases are typically used, and there are also numerous installations made of copper wires in some part and made of aluminum ones in another. Under such conditions, it may happen that a PLC link cannot be set up in an economically reasonable manner. Depending on how a particular PLC link behaves, the contractor finally declares the possibility of performance of the originally agreed achievement and accomplishes this achievement, that is, the case (4) is not present, or declares the impossibility of performance because the principal's electrical installation is not suitable for radio frequencies, that is, the case (4) is present. In the presence of case (4), the amended and chargeable performance of the contractor is the determination of the impossibility of performance.

(5) In case (5), the originally agreed success consists in the elimination of a certain error. In the course of his works, in this case (5), the contractor additionally finds out that this error cannot be reproduced. In the presence of case (5), the amended and chargeable performance of the contractor is to state that the error to be eliminated cannot be reproduced.

(6) Case (6) is existent if, after consultation with the principal, the originally agreed success cannot be effected in an economically reasonable manner. In the presence of case (6), the amended and chargeable performance of the contractor is to state that fact.

16. Warranty and guarantees

The regulations to the statutory warranty rights apply, unless otherwise expressly agreed below.

The limitation period for deficiency claims with regard to the contractor's work is two years, beginning with the date of the transfer of risk.

If new items have been delivered to achieve the agreed success, then the limitation period for deficiency claims, relating to these items, shall be two years from the date of the transfer of risk if the principal is a consumer, or one year from the date of the transfer of risk if the principal is an entrepreneur.

If used items have been delivered to achieve the agreed success, then the limitation period for deficiency claims relating to these items shall be one year from the date of the transfer of risk.

The statutory limitation periods for the right of recourse pursuant to section 478 BGB shall remain unaffected.

The foregoing limitations and time limit shortenings shall not apply to claims due to damages caused by the contractor, his statutory representatives or his vicarious agents

  • in case of injury to life, body or health,
  • in case of fraudulent intent, intentional or gross negligent breach of duty,
  • in the context of guarantee promises, if there are agreed some,
  • as long as the scope of the product liability act is in force, or
  • in case of nonfulfillment of cardinal obligations, see 22. (1).

The contractor shall inform the principal of any additional guarantees, if existing, together with their exact conditions.

The contractor is obliged to examine complains about defects and fulfills his duty to remedy defects. The principal is obliged to allow the contractor to examine a faulty work, service or good, and to remedy defects. If it is found that the contractor is not responsible for a defect in question, that is, the alleged defect does not fall in his area of responsibility, then he can claim compensation for his expenses. The compensation shall correspond to the labor costs and the costs to cover travel expenses incurred to determine this situation.

17. Liability

The Contractor shall always be liable without limitation for claims due to damages caused by him, his statutory representatives or his vicarious agents

  • in case of injury to life, body or health,
  • in case of intentional or gross negligent breach of duty,
  • in the context of guarantee promises, if there are agreed some, or
  • as long as the scope of the product liability act is in force.

In case of nonfulfillment of cardinal obligations, see 22. (1), due to slight negligence on the part of the contractor, his legal representatives or his vicarious agents, the liability shall be limited to the one associated with a typical, at the time of conclusion of the contract, foreseeable damage.

Further claims due to damages are excluded.

18. Force majeure

By force majeure shall be understood events and circumstances whose occurrence is outside the sphere of influence of the contractual parties, also taking commercially careful planning and precaution into account. These include, in particular, natural events, geological changes and impacts caused by past and present mining activities, wars, military mobilization, riots, terroristic acts, embargoes, labor disputes, sabotage, raw material and energy shortages, traffic and operating disruptions, fire and explosion damages, high-handed orders, and delays due to official actions.

Should such events and circumstances reduce the availability of ordered works or services, such that the contractor becomes, also considering other internal or external work or service obligations on a  pro rata  basis, unable to fulfill his contractual obligations, the contractor shall be released from his contractual obligations for the duration of the disturbance and to the extent of its effects. This shall also apply insofar as the aforementioned events and circumstances make the execution of the affected business sustainably uneconomic for the contractor, or concern the contractor's suppliers.

If the mentioned events and circumstances last for more than ninety days or the fulfillment of the contract is permanently prevented, the contracting parties are entitled to withdraw from the contract. Claims for damages are excluded.

After the occurrence of a case of force majeure, each contracting party shall be obliged to comprehensively inform the other contracting party thereof without any delay.

19. Reservation of proprietary rights

The contractor reserves the proprietary rights and the rights of disposal on possibly delivered items until all payments connected with this contract have been received.

20. Privacy policy

The contractor undertakes to comply with the data protection prescriptions. The commitments are laid down in detail in section Privacy policy inside the somewhat more comprehensive document under Legal notices.

If the principal requests a nondisclosure agreement to be signed, he shall enclose it as an integral part of his binding and mandatory contract offer, which shall then be submitted in writing. Excessive claims in nondisclosure agreements, hindering future activities of the potential contractor, will break the contract negotiations, see 3. (1).

21. Right of withdrawal

Consumers are entitled to the statutory right of withdrawal. This right of withdrawal is explained in section Instruction on the right of withdrawal inside the somewhat more comprehensive document under Legal notices. Entrepreneurs shall not be entitled to the right of withdrawal, unless otherwise required by mandatory legal regulations.

22. Cancellation of the contract

(1) Cardinal duties or essential contractual main obligations are those obligations whose fulfillment is the only way to ensure the proper execution of the contract and which the contractual partner may regularly rely upon and trust in.

(2) If the principal violates one of the cardinal obligations, the contractor reserves the right to rescind the contract.

(3) If the principal violates one of the cardinal obligations and the contractor rescinds the contract, the principal undertakes to bear the costs incurred by the contractor, including the costs to cover travel expenses. The rescission of the contract is declared in written form or in text form.

23. Online dispute resolution

Online dispute resolution in accordance with Regulation (EC) 524/2013 article 14.1: The European Commission provides a platform for online dispute resolution (ODR), which is available under the link http://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform for the settlement of their disputes.

24. Final provisions

German law applies, unless otherwise required by mandatory legal regulations.

If the principal is a merchant within the meaning of the German Commercial Code (HGB), a legal person under public law, or a special fund under public law, then the exclusive jurisdiction for all lawsuits arising from contractual relationships between the principal and the contractor is the registered location of the contractor.

   
             
   

   
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