Terms and Conditions (Germany)
DYNAMIC INVENTION ENGINE
- by phone
- by mail
- by fax
- by e-mail
- not included.
§ 1. Scope
Our Terms and Conditions (GTC) shall apply to all business transactions with our customers, hereinafter referred to as "clients" means. The GTC will be automatically by the client through the award of the contract recognized. They are valid for the duration of the relationship.Verbal collateral agreements have not been made.
§ 2. Order and achievement
2.1 Basics of business relationships are the respective consulting contract, or the written order of the client to us,hereinafter referred to as "business consultant" means, in which the scope of services and the remuneration to be kept.
2.2 The client can give us orders issued in the following forms:
Likewise, we assume informal orders. The client receives an order after receiving the order confirmation per e-mail. With this order, the contract is considered to be adopted and the consulting contract as a Joint Consultative Committee. This confirmation is essential for the delivery date.
The business consultant is obliged to have all the facts to him in connection with the execution of the contract comes to their knowledge to maintain silence, except that the client in writing exempt from this obligation. The obligation of secrecy remains even after the termination of the contract continues. The duty is to the same extent also for the employees of the company and its consultant and freelance staff by the management consultants used a third party. The duty is not to the extent that they respect the legitimate interests of the company's adviser is required. The business consultant is also the extent of the duty of birth when he was under the conditions of his professional indemnity insurance to information and participation is required. The business consultant may reports, expert opinions and other written statements about the results of his work to third parties only with the consent of the client.
2.3 The business consultant uses professional national and international databases for patent research. The result of the search can be only be a risk assessment. The novelty of an invention and their height cannot be conclusive and binding as well. The company sees itself as a consultant patent information service provider and the client is owed by only the report on the outcome of the patent search, which has no claim to completeness.
2.4 In particular, we need external advisers and data providers, which we know long-term cooperation. The business relationship in these cases remain between us and the client, unless otherwise agreed.
2.5 upgrades and modifications of offers and contracts are signed by both parties in writing and as a supplementary agreement of the contractual relationship between us and the client.
§ 3. Prices
In all of our services prices, the VAT from the current 19% is
§ 4. Payment and maturity
4.1 We are entitled to payment of the price for each individual service as soon as it has been provided by us. All services from us that are not explicitly included in the price agreed to be deported are fringe benefits to be paid separately.
4.2 As soon as the invoice sent to the client, the price is due for payment.
4.3 The client also comes without a warning on our part in default if he does not pay within 30 days after the due date and receipt of the invoice out. In this case we are entitled to interest on late payments in the amount of the legal interest rate to demand.
4.4 In order to offset restraint and similar claims, the client is only authorized if they are legally binding and are undisputed. For unevenly like claims a lien is limited on receivables from the same contractual relationship.
§ 5. Delivery dates and deadlines
5.1 Delivery times are only indicative dates and times and estimated so that the best of our knowledge and belief may be indicated. It is our concern, to make our services after confirmation of orders within 30 working days available.
5.2 Failure to comply with an event entitled the client only to assert his legal rights when he gave us a reasonable grace period set.
§ 6. Obligation of the client
The client makes all of us for the implementation of the order required documents, information and materials available.
§ 7. Confidentiality clause
We are obliged to keep silence on all in the context of the advisory activity known operational, business and personal affairs. This obligation of confidentiality shall apply to the same extent for our agents. The secrecy also applies after the termination of the contract and can only be done by the clients themselves in writing to be repealed. In addition, we are committed for the purpose of consulting work on licensed documents carefully and inspection against third parties. No papers or documents etc. passed to us will be returned to the client.
8.1 The consultant shall be liable in cases of intent or gross negligence by the statutory provisions. The liability for guarantees made fault. For slight negligence, the consulting firm exclusively under the provisions of the Product Liability Act, because of the loss of life, body or health, or because of violation of essential contractual obligations. The claim for damages for the slightly negligent violation of essential contractual obligations is limited to the typical, predictable damage, if not because of the loss of life, limb or health. This is limited to triple the amount of the contract after the resultant fee, up to a maximum amount of € 10 000. The liability is also available in cases of gross negligence on the typical, predictable damage. The liability is also available in cases of gross negligence on the typical, predictable damage. For the misconduct of agents and representatives of the consultancy firm is liable to the same extent.
8.2 The scheme of the preceding paragraph (8.1) extends to damages in addition to the performance, instead of performance and the claim for wasted expenditure, regardless of the legal grounds, including liability for defects, delay or impossibility.
8.3 Content of the research performance of the consultancy is the information gathering, processing and placement. Because of the contracting authority shall concrete desired interview subject and object, the access to publicly available data. These are external data e.g. in databases, archives, information materials of trade fairs, congresses, etc. as well as informative literature.
8.4 A warrant for the accuracy, completeness and timeliness of the data and information can not be accepted. The consultant undertakes, however, the benefits in accordance with the principles of good faith to prove.
8.5 The search consultant is responsible for the adoption and implementation of the contract only for intentional or grossly negligent fault of their legal representatives and vicarious agents. For the fault of external persons and institutions whose information they are served, they are not liable.
§ 9. Complaint
9.1 If we are not informed by the client within 14 days after the execution of the contract any objectively existing, serious shortcomings reports, then the contract is considered to be definitively settled.
9.2 If the client takes a service completely in question, the complaint must be created by a third party , to substantiate the serious contrary opinion.
9.3 If a complaint is made, it us the opportunity to repair process. If this remedy is proven unsuccessful, so the client has the right to reduce or convert. In any case, liability is limited to the amount of the contract in question. Liabilities, based on the infringement of any copyright or third-party claims, we do not accept responsibility for.
9.4 If the delivery period has been exceeded for a unreasonably long time- here is the individually agreed delivery date as a benchmark - and we could not meet a reasonable deadline notified in writing by the client, the client is authorized to withdraw from the contract.
§ 10. Severability
If any provision of these Terms and Conditions be or become invalid, the remaining provisions is not affected. Instead of the invalid provision is to join a scheme, under the legally permitted by the will and interests of both parties.
§ 11. Applicable Law
On the legal relationship between the client and us is governed by German law.to the exclusion of the CISG. All in the context of patent searches and similar services, transmitted data are subject to copyright of the database vendor or database vendor. The client is committed to strict observance of these copyrights. A transfer of patent data to third parties only after prior consultation and having regard to the copyright of the database or database provider allows manufacturers.
§ 12. Performance and jurisdiction
12.1 Performance is the seat of the business consultant.
12.2 As a venue for all directly or indirectly between us and the client disputes resulting is for our headquarters. in Böblingen local jurisdiction agreed.
§ 13. Changes and additions
Changes and additions to these terms and conditions must be in writing.
§ 14. Status of Conditions
These terms are of the state 6th December 2008 and to this date.