here<\/a>.<\/p>\n\n\n\nThe\n following Terms and Conditions of Business at Double Q apply for all \ncontracts with entrepreneurs as defined by Section 14 of the German \nCivil Code (\u201cBGB\u201d). They equally apply for all future business \nrelationships with the contractual partner, even without renewed \nexpressed agreement. Terms and conditions on the part of the client \nshall not become contract content, even without expressed objection on \nthe part of Double Q. As opposed to terms and conditions on the part of \nthe client which become content of the contract, the Terms and \nConditions of Business at Double Q remain in force insofar as the \nclient\u2019s terms and conditions do not regulate the following points.<\/p>\n\n\n\n
1. Subject Matter of Performance and Deliverables<\/h3>\n\n\n\n
1.\n Performance obligations on the part of Double Q ensue solely from the \nrespective order on the part of the client insofar as said order has \nbeen accepted by Double Q in writing \/ per telefax. Tenders or proposals\n from Double Q are non-binding and subject to alteration.<\/p>\n\n\n\n
2. \nDeliverables which are not quoted in the tender or proposal but are \ninstead rendered at the client\u2019s instruction or due to erroneous \ninformation provided by the client can be invoiced separately.<\/p>\n\n\n\n
2. Provisioning of Deliverables by Double Q<\/h3>\n\n\n\n
1.\n If the client stipulates material modifications of the subject matter \nof the contract after conclusion of the contract, each of the agreed \ndelivery dates shall be replaced by the next possible date. This equally\n applies in the event that the client does not undertake necessary acts \nof co-operation (e.g. release approvals) or contractually stipulated \npartial payments or instalments by the due dates.<\/p>\n\n\n\n
2. If Double Q \nis hindered in complying with delivery dates due to force majeure, both \npartners to the contract are entitled to rescission from the contract, \nwhereby claims to damages and\/or compensation are ruled out. If the \nnon-compliance with delivery dates is attributable to force majeure, \ne.g. mobilisation, war, rebellion, strike or lockout or to similar \noccurrences for which Double Q is not accountable, said delivery dates \nare extended for the periods of time during which the occurrence of \nforce majeure or the performance-hindering repercussions due to the \noccurrence persist.<\/p>\n\n\n\n
3. The objects supplied by Double Q remain the\n property of Double Q until payment has been made in full. In the event \nthat the client resells said supplied objects, the client assigns its \nclaims resulting from the resale to Double Q; Double Q accepts this \nassignment.<\/p>\n\n\n\n
3. Acceptance Approval<\/h3>\n\n\n\n
1. Acceptance approval \nof the deliverables rendered by Double Q takes place at an approval \nappointment. If the client or a representative authorised by the client \ndoes not appear at the agreed approval appointment, acceptance approval \nis deemed to have occurred. This equally applies when the client \nutilises the deliverables without objection.<\/p>\n\n\n\n
2. Acceptance \napproval is deemed to have taken place after 12 (twelve) days have \nelapsed when Double Q has notified the client of the ensued completion \nin writing.<\/p>\n\n\n\n
3. Insignificant deficiencies do not pose an obstacle to acceptance approval.<\/p>\n\n\n\n
4. Rights to Deliverables from Double Q<\/h3>\n\n\n\n
1.\n Insofar as it has not been explicitly agreed otherwise, the client is \nentitled to use the deliverables from Double Q solely within the \nframework of the expressly or tacitly envisaged chronological, \ngeographical or content-related purpose. Uses above and beyond this are \npermissible solely following written consent by Double Q.<\/p>\n\n\n\n
2. \nDrafts, production documents and assembly documents remain the property \nof Double Q, even in the event of conveyance in the form of a data file.\n Upon request by Double Q the client is obliged to hand over all \nreproductions made or to the destruction thereof.<\/p>\n\n\n\n
3. Double Q can \nmake use of the deliverables towards self-promotion within a scope \ncustomary to business practice. Double Q is permitted to state the \nclient\u2019s corporate designation thereby, provided that the client does \nnot prohibit this in writing.<\/p>\n\n\n\n
4. Insofar as the client provides \nmaterials (e.g. drafts, photos, designs) for the deliverables from \nDouble Q, the client is responsible that they do not infringe upon any \nrights whatsoever held by third parties, e.g. copyrights or industrial \nproperty rights. Double Q is not obliged to perform verification thereof\n on its own. In the event and to the extent that a claim is lodged \nagainst Double Q, the client indemnifies Double Q against claims of this\n nature upon first demand.<\/p>\n\n\n\n
5. External Deliverables<\/h3>\n\n\n\n
1. \nDouble Q is authorised to commission those external deliverables \nenvisaged as a part of order fulfilment on behalf of the client and for \nthe client\u2019s account. Upon request by Double Q the client grants \nauthorisation in writing to do so.<\/p>\n\n\n\n
2. With respect to those \nexternal deliverables envisaged as a part of order fulfilment, the right\n to proper and timely self-delivery remains reserved. Double Q shall \nnotify the client promptly regarding the non-availability of an external\n deliverable and develop alternatives. In this case the client is \nentitled to give notice of termination; clause 7. applies \ncorrespondingly thereby.<\/p>\n\n\n\n
3. If Double Q concludes contracts on its\n own behalf and for its own account regarding external deliverables of \nthis nature, the client indemnifies Double Q internally against \nliabilities incurred, particularly from the obligation towards payment \nof consideration.<\/p>\n\n\n\n
6. Remuneration, Due Date, Arrears<\/h3>\n\n\n\n
1. \nAgreed remunerations are net sums without deduction or cash discount, \nand are payable subject to addition of the legally applicable sales tax \nor VAT.<\/p>\n\n\n\n
2. The client reimburses Double Q for expenses towards \nfulfilling the commissioned order (e.g. external deliverables, costs of \ncouriers, travel expenses) in addition to the remuneration paid to \nDouble Q. Double Q levies a service fee amounting to 12% of the \nrespective net payment for the handling and stewardship of external \ndeliverables.<\/p>\n\n\n\n
3. The remuneration is due upon acceptance approval \nof the outcomes pertaining to performance. The client can offset solely \nusing accounts receivable which are uncontested or have been established\n to be legally binding. If performance in instalments is agreed, the \nrespective partial acceptance approval applies as the due date for \nagreed partial payments. Without an agreement regarding the amount of \nsuch partial payments, at least half of the total remuneration is due \nupon the first partial acceptance approval. Double Q can invoice for \npartial payment in accordance with performance progress.<\/p>\n\n\n\n
4. If a \nlump-sum remuneration is agreed, Double Q charges for additional \ndeliverables or services which become necessary due to wishes for \nmodification on the part of the client or due to unforeseen \ncircumstances for which Double Q is not accountable at an hourly rate of\n EUR 130 per hour.<\/p>\n\n\n\n
5. In the event that payment is overdue, Double\n Q can charge interest on payments in arrears amounting to 10% above the\n base rate of interest (Section 247 of the German Civil Code [\u201cBGB\u201d]). \nHowever, it remains open to the client to prove that the damage caused \nby being overdue does not lie more than 8% above the base rate of \ninterest.<\/p>\n\n\n\n
6. The client is entitled to offset solely using \naccounts receivable which are uncontested or have been established to be\n legally binding.<\/p>\n\n\n\n
7. Premature Termination<\/h3>\n\n\n\n
1. If the \nclient cancels the commissioned order prior to its execution by Double \nQ, Double Q can assert a lump-sum amount of 15% of the total value of \nthe commissioned order instead of the entitlements resulting from \nSection 649 of the German Civil Code (\u201cBGB\u201d) for expenditures incurred \nand foregone profit. This entitlement does not exist when the client \nproves that the amount due Double Q pursuant to Section 649 of the \nGerman Civil Code (\u201cBGB\u201d) is substantially less than this lump-sum \namount.<\/p>\n\n\n\n
8. Warranty<\/h3>\n\n\n\n
1. The client is obliged to inspect \nperformance rendered by Double Q promptly upon receipt and equally \nobliged to lodge prompt complaint with Double Q regarding possible \ndeficiencies. The client communicates complaints with respect to \napparent deficiencies in writing within 5 (five) workdays after \nperformance has been provided; with respect to deficiencies which are \nnot obviously apparent, within 2 (two) weeks after detecting the \ndeficiency. Periods for lodging a complaint are safeguarded by mailing \npunctually. Once the period for lodging a complaint has elapsed, the \ndeliverable from Double Q is deemed to be approved with respect to the \ndeficiency and Double Q as exempted from the warranty.<\/p>\n\n\n\n
2. In the \nevent of merely insignificant deviation from the agreed condition or \nquality or in the case of insignificant impairment of usability, no \nclaims towards deficiency exist. Double Q is obligated to subsequent \nrectification in the course of supplementary fulfilment, though not to \nnew production. A demand for subsequent rectification is to be \ncommunicated in writing while granting a period for subsequent \nrectification of at least 10 (ten) work days. If the subsequent \nrectification along with a second attempt towards subsequent \nrectification are unsuccessful, the client has the option to demand a \nreduction in price or to rescind the contract.<\/p>\n\n\n\n
3. Without \nprejudice to further entitlements on the part of the supplier, in the \nevent of an unfounded complaint the commissioning party is to reimburse \nthe supplier for expenses towards verification of the deficiency and \u2012 \nwhere requested \u2012 towards rectification thereof.<\/p>\n\n\n\n
9. Liability<\/h3>\n\n\n\n
1.\n Double Q and its vicarious agents are liable in the event of a breach \nof material contractual obligations (cardinal obligations) and for \ninjury to persons\u2019 lives, bodily harm to persons and damage to persons\u2019 \nhealth, even in the case of slight degrees of negligence pursuant to \nstatutory provisions. The same equally applies in the case of product \nliability claims. For other damages, Double Q is liable only in the case\n of wilful or grossly negligent conduct. Claims made due to the culpable\n breach of material contractual obligations are limited to the \nforeseeable direct damage typical to the contract. Subject to proof of \ngreater damages, this amounts at the most to 3 (three) times the value \nof the commissioned order.<\/p>\n\n\n\n
10. Limitation Period<\/h3>\n\n\n\n
1. Regardless of the legal ground, the limitation period for claims and rights due to deficiencies in deliverables from Double Q is 1 (one) year. This does not apply in cases pursuant to Section 438 (1)1 of the German Civil Code (\u201cBGB\u201d) [defects in title in the case of immovable objects], Section 438 (1)2 of the German Civil Code (\u201cBGB\u201d) [building structures and objects for building structures], Section 479 (1) of the German Civil Code (\u201cBGB\u201d) [claims to recourse on the part of the entrepreneur], or Section 634a (1)2 of the German Civil Code (\u201cBGB\u201d) [building structures or works, the success of which comprises therendering of planning or supervisory services for them]. In these cases the limitation period is 3 (three) years.<\/p>\n\n\n\n
2. The limitation \nperiods as per subclause 1. equally apply for all claims for damages or \ncompensation against Double Q existing in connection with the \ndeficiency, independent of the claim\u2019s legal basis. Insofar as claims \nfor damages or compensation against Double Q exist which are not in \nconnection with the deficiency, the limitation period set out in the \nfirst sentence of subclause 1. applies.<\/p>\n\n\n\n
3. The limitation periods pursuant to subclauses 1. and 2. apply with the following restriction:<\/p>\n\n\n\n
a.\n In general, the limitation periods do not apply in the case of wilful \nactions or in the case of fraudulent non-disclosure of a deficiency.<\/p>\n\n\n\n
b.\n Furthermore, the limitation periods do not apply for claims for damages\n or compensation in the event of a grossly negligent breach of \nobligation, in the case of a culpable breach of material contractual \nobligations which does not consist of the rendering of a deficient \nperformance of work, in cases of culpably caused injury to life, limb or\n health, or in the event of claims pursuant to the German Product \nLiability Act. The limitation periods for claims for damages or \ncompensation equally apply for the reimbursement of futile expenditures.<\/p>\n\n\n\n
4.\n For all claims, the limitation period commences with delivery; in the \ncase of performances of work with acceptance approval. Insofar as it has\n not been explicitly defined otherwise, the statutory provisions \nregarding commencement of the limitation period, the suspension of \nexpiration and the suspension and recommencement of time limits remain \nunaffected. A change in the burden of proof to the detriment of the \nclient is not associated with the aforementioned provisions.<\/p>\n\n\n\n
11. Concluding Provisions<\/h3>\n\n\n\n
1. The venue for the court of jurisdiction is Hamburg, Germany.<\/p>\n\n\n\n
2.\n German law is applicable to the contractual relationship, with the \nexception of the United Nations Convention on Contracts for the \nInternational Sale of Goods and the provisions for referral stated for \nconflict of law within German private international law.<\/p>\n\n\n\n
3. Any \ncollateral agreements made verbally are invalid. Amendments or \nsupplements occur solely via the executive management at Double Q. \nAgreements made verbally or statements given by other persons are valid \nonly when confirmed in writing by the executive management at Double Q.<\/p>\n","protected":false},"excerpt":{"rendered":"
General Terms and Conditions of Business for Deliveries from Double Q to Third Parties You can download this document here. The following Terms and Conditions of Business at Double Q apply for all contracts with entrepreneurs as defined by Section 14 of the German Civil Code (\u201cBGB\u201d). They equally apply for all future business relationships with the contractual partner, even … <\/p>\n
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