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These Terms and Conditions apply to the contracts between KCConsulting & Management Group Ltd & Co. KG (hereinafter mentioned KCC) and its client (hereinafter mentioned C) about
- experts reports, analysis and other consulting contracts
Otherwise explicitly agreed or mandatory by law. KCC provides its services under these terms and conditions. Any existing terms and conditions of the C are not applicable for this contact. The C acceptance of KCC services counts as approval, even if KCC did not object conflicting terms and conditions specifically. Others conditions are only binding, if they are approved in writing KCC.
1. Object of agreement, basics of cooperation
Object of agreement is the provision and payment of contracted services. The under these conditions deliverable services of KCC are in detail in the specification of service specified. The project and success responsibility lies with the C.
2. Implementation of the service of KCC
2.1. KCC will fulfil the contracted services properly in accordance to the accepted standards of science and technology.
2.2. KCC will provide the contracted services through suitable qualified staff or third parties, and ensure that adequate personnel is always available.
2.3. As a rule, KCC will prepare the services in writing. In that regard, only written statements of reports, experts reports and analyses are valid. Differing oral statements and information from KCC or their employees or appointed third parties are not binding.
2.4. KCC will assign the C a project manager as a contact person for the entire processing time of the work.
3. Obligations of the client
3.1. The client will designate to KCC a responsible contact person, who can report in detail about the subject of the contract.
3.2. To provide the service, KCC depends on the cooperation of the C. <br3 The C has to provide to KCC, on time, complete and free of charge, all necessary documents and informations, which in the opinion of KCC are required for the proper fulfilment of the contract.
4. Remunerations, payments
4.1. unless otherwise agreed, remunerations are calculated per hour. Remunerations are always €“ bases plus the by law applicable VAT.
4.2. KCC may immediately, depending on the project, terminate the service monthly or if agreed, after rendering partial services.
4.3. All bills are payable net, 10 days after accounting.
4.4. The C can only with indisputable or legally titled claims reckon up or exercise a retention. Because of deficiencies the C can only retain part of the payment that, without doubt, is in relation to the deficiencies.
4.5. KCC reserves the right for delivered services until the full payment of the remuneration.
4.6. The C may cede rights or transfer documents to third parties only with the prior written approval of KCC.
4.7. The C will inform KCC in due time about any possible payment difficulties.
4.8. For ongoing late payments may KCC demand an interest of 3 % above the current bank interest rate.
5. Loyalty, confidentiality, privacy
5.1. The contracting parties agree on mutual discretion.
They omit to recruit employees of the respective contracting parties or to win for other purposes.
5.2. The contracting parties will all, in connection with the contractual relationship verbal, in writing or in any other way, directly or indirectly become known information and content, treat confidentially and use the data or information only in the framework of the consulting operation.
5.3. All employees of the contracting partners shall also submit to the obligation of discretion.
5.4 Contracting third parties is taking place also in the framework of the obligation of discretion.
6. Duration, termination
6.1. This contract ends at the closing of the day on which the C contracted services are fulfilled by KCC.
6.2. The right of both parties to terminate the contract extraordinary and immediately remains unaffected. In case the C delays tasks that he has to perform to enable KCC to fulfil their services, or omits its assigned participation, KCC may terminate the contract without notice. This does not affect the remuneration claim in the amount of up to the termination provided services.
6.3. If any individual regulations of this term and conditions is or will be, wholly or partially, invalid or should the terms and conditions be incomplete or contain errors, does this not affect the validity of the rest of the terms and conditions. Instead of the invalid or void regulation is the, from the outset agreed upon, regulation valid which complies with the matter and purpose of the invalid or void regulation.
KCConsult Ltd |
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| P.O. Box 1230 · 66599 Ottweiler · Phone : 06824 - 300 463 · Fax : 06824 - 300 477 |
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