General Terms and Conditions
§ 1 Relevance
The terms and conditions listed below are relevant for all clients of CAB. By employing CAB, the client waives the right to legal action that contradicts the terms and conditions of CAB.
§ 2 Contracts and Services
The foundation for the business relationship between CAB and the client is the respective contract. The client can send the contract by mail, email, fax, or express such verbally/in person or via telephone. CAB also accepts informal contracts. In special cases, CAB is authorized to call in external consultants. Additional costs for external consultations will be charged in accordance with § 3 via invoice. The business relationship in such cases remains between CAB and the client, unless otherwise agreed.
§ 3 Fees
In addition to all fees for services of CAB, the legal VAT, travel expenses (from head office of CAB GmbH) and expenses such as overnight stays, gastronomic expenses, etc. will be added to the bill and are paid by the client.
§ 4 Payment, Dues
CAB reserves the right to claim payment for every individual service upon completion. Any additional services requested by the client, which are not expressly stated in the contract, are to be paid for separately. Payments must be made in accordance with CAB terms of payment. Unless otherwise specified, the full amount is to be paid within 14 days after billing date. In case of payment default, CAB is entitled to charge interest at the rate of 5% of the total bill. The client is not entitled to withhold payments or offset costs, even in case of complaints or counterclaims.
§ 5 Deadlines and Appointment Dates
Deadlines can only be set as approximate times and delivery dates estimated to the best of our knowledge. CAB does its best to keep to performance commitments and deadlines. The failure to meet a deadline only entitles the client to assert his legal rights if he has extended CAB an adequate grace period.
§ 6 Responsibility of the Client
The client provides CAB with all necessary documents, information and materials for the successful completion of the job in advance.
§ 7 Confidentiality Clause
CAB is required to keep all operational, business and personal affairs that are revealed by the client in the context of a job confidential. This obligation of confidentiality applies to all agents of CAB. In addition, CAB is obliged to store documents relevant for a consultation safely and to protect these from third-parties.
§ 8 Limitations of Liability
CAB is committed to carrying out their assigned tasks with technical and commercial diligence and in good faith. CAB is not liable in the event that a job does not meet the expectations of clients, nor is it liable for damages and consequential damages. CAB’s liability is limited to intent and gross negligence. When a complaint is recognized by CAB, CAB will grant a subsequent or replacement, or credit at its sole discretion. All other claims are, to the extent permitted by law, excluded. CAB assumes no liability for damages caused by a higher force or for any damage to hardware and software belonging to the client.
CAB is not liable in case that the success of their suggested measures or measures realized on behalf of their clients falls short of the customer's expectations.
§ 9 Defects
The customer agrees to the services provided if he does not immediately, within 14 days of receipt thereof, send a written complaint. General standard changes or deviations in execution are no cause for complaint by the customer, unless otherwise agreed. CAB will not be held liable for infringement of any copyrights or claims by third-parties.
§ 10 Miscellaneous, Place of Implementation and Jurisdiction
If any provisions of these terms and conditions be or become invalid, the remaining provisions shall not be affected. German law shall apply exclusively between the client and CAB, place of implementation is the CAB headquarters. Jurisdiction for all disputes directly or indirectly between CAB and the client is in Augsburg, Germany.
CAB Consulting GmbH, Leonhardstraße 12, 86551 Aichach, Germany
