Allgemeine Geschäftsbedingungen für Dienstleistungen der Firma ALSTER RELOCATION - Inh. Sabine Chrzescinski

1. General
1.1. The following general terms and conditions govern the provision of all services, transactions and dealings between the service company ALSTER RELOCATION - hereafter called service provider - and the contracting partner - hereafter called client.
These General Terms and Conditions supersede any and all prior oral and written quotations, communications, agreements and understandings of the parties and shall apply in preference to and supersede any and all terms and conditions of any order placed by the client and any other terms and conditions submitted by the client.
By contracting on the basis of these General Terms and Conditions, the client agrees to the applicability thereof in respect of future agreements between itself and the service provider, even if this is not expressly stated.
2. Subject matter of the contract
2.1. The contract parties agree to enter a cooperation according to the specific, individually stipulated terms. A work contract is not requested by the parties and will not be drawn up.
2.2. The service provider will ensure that social security contributions or tax payments are paid and the client is therefore exempt from potential liabilities.
2.3. The service provider shall perform the contract obligations as an independant contractor and shall not be the servant or agent of the client. The service provider is not bound to any exclusivity clause and is free to represent other clients.
3. Contract Formation
3.1. A contract with the service provider is formed by forwarding the signed contract or contract offer by post, fax or email.
4. Term of contract / Fees and expenses
4.1. The contract begins and ends on the specific and individually agreed upon date.
4.2. Unscheduled termination or cancellation of the contract prior to the appointed date is not allowed. If the service provider cannot meet the contract obligations, termination of said contract is immediate. If the client cancels his order prior to the contract start-date, the service provider must be recompensed adequately for his non-productive time. At the occurrence of such an event, a flat of EUR 200.00 will be paid by the client.
4.3. The service fee depends on the scope of activities covered by the contract and based on the service contract regulations under §§ 61ff of the German Civil Code.
4.4. All payments are due without any deductions within 30 days of the invoice date. Payment shall be made in the form mentioned on the invoice.
In case of delayed payments, the service provider is entitled, without any reminder, to a default interest payment of 2% above the reference interest rate of the ECB in compliance with the discount rate transitional act. Any rights to request additional damages shall remain unaffected.
Deposit: a deposit of 30% of the contract value is due on the order date.
4.5. Cash expenditures and particular costs which are incurred by the service provider and requested expressly by the client will be charged at cost price.
4.6 All services rendered by the service provider are exclusive of the currently applicable VAT rate of 19%.
The currently applicable Value Added Tax of 19% shall be shown separately on all invoices
5. Scope of services
5.1. The services to be performed by the service provider generally include the tasks listed in detail according to the order placed by the client.
5.2. The service provider shall provide the client with such periodical reports of his work on the contract at such intervals and in such a form as the client may from time to time require.
5.3. Should the service provider be unable to provide the services agreed upon in the contract, he must inform the client without delay.
5.4. The service provider will provide equipment and necessary personnel if the client is not be equipped with suitable equipment or premises.
The contract parties will try to support each other to the best of their knowledge in carrying out their respective obligations by providing information, advice or experiences in order to ensure a smooth and efficient procedure for both parties.
6. Confidentiality
6.1 The service provider shall keep secret and shall procure that his employees keep secret and not disclose any information of a confidential nature regarding all company and trade secrets obtained by him during the duration and performance of the contract. The foregoing shall not apply to information which (i) is or becomes part of the public domain without fault on the part of the service provider; (ii) was already known by the service provider, other than under an obligation of confidentiality, at the time of disclosure by the client; (iii) is lawfully acquired by the service provider from a third party on a non-confidental basis; or (iv) the service provider is required to disclose pursuant to any law, lawful governmental, quasi-governmental or judicial order.
The provisions of this article 6.1 shall apply during the term oft he Contract and for a period of five (5) years thereafter.
7. Liability
7.1 Claims against the service provider are excluded. Neither the service provider nor any person put forward by the service provider to perfom the contractual obligations, shall be responsible for any loss, destruction or damage of whatsoever nature, except to the extent that the same can be shown to be due to gross neglicence or wilful misconduct on the part of the service provider or his employees.
The limitation period for the assertion of compensation is three years, starting on the date the action for which liability damages are claimed was committed.
7.2. Disclaimer
ALSTER RELOCATION emphasies that their website and the information, names, images, pictures, logo's and icons regarding or relating to Alster Relocation and its subsidiaries, affiliates, products and services is provided "as is" and on an "as available" basis without any representation or warranty of any kind, whether expressed or implied, including, but not limited to the implied warranties of mercantability, fitness for a particular purpose or non-infringement. Although the information on their website has been compiled in good faith to provide information on Alster Relocation and its products and services, Alster Relocation, its parents, subsidiaries, affiliates or employees shall in no event be liable for any damages of any kind or nature whatsoever, including, without limitation, direct, indirect, special, consequential or incidental damages resulting from or in connection with the use or acces of their website or resulting from or in connection with any materials, information, qualifications or recommendations on their website. Alster Relocation may at any time make modifications, improvements and/or changes to these terms and conditions, the information, names, images, pictures, logos and icons displayed on their website or the products and services referred to in their website without notice.Their website may contain links to or may contain references to other websites which are not under the control of Alster Relocation. Alster Relocation shall have no responsibility whatsoever for the contents of any such linked website or any link contained in such a linked site.You agree not to add, alter, substitute or amend partially or in whole any information on this website .Alster Relocation is responsible solely for the "own contents" on their home page. These personal contents must be differentiated from links to contents made available by other providers.
7.3. ALSTER RELOCATION strives to ensure that all information on this website is correct. However, no liability can be assumed for the correctness and completeness of the information on this website.
7.4. The presentation of the information as well as the included logos, photos and graphics are the property of ALSTER RELOCATION. Any use whatsoever, permanent downloading, copying or distribution is strictly forbidden. The information, texts, photoes and graphics contained on this website may only be used for personal uses.
8. Jurisdiction
8.1 The contract is governed exclusively by and interpreted in accordance with German laws without regard to conflicts of laws principles.
8.2. The place of jurisdiction applies to both domestic and foreign clients.
8.3. Place of fulfilment and jurisdiction for all services and conflicts is exclusively the service provider's place of business.
9. Contractual Amendments
9.1 Variations or amendments to these terms and conditions must be agreed upon exclusively in writing and shall be given by mail, registered mail or by facsimile transmission to the other party at the addresses mentioned in the contract or to such other address as shall be given in writing by the service provider.
Additional agreements to this contract do not exist.
9.2. An amendment of article 9. of this contract also necessitates written form.
10. Severance clause
Should one or more of the above terms be invalid, then the legal validity of all other terms shall not be affected. This also holds true if part of a provision is invalid, but another part effective. The parties should replace the invalid term with one that comes as close as possible to the economic interests of the parties and which does not run contrary to the rest of the contractual agreements.
Hamburg, June 2009


Breitenfelder Str. 20 - 20251 Hamburg
Tel.: + 49 (0) 172 450 86 44
Fax: + 49 (40) 40 162 167
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