Consultancy for Quality Management - Isabell Decker

GENERAL TERMS AND CONDITIONS FOR CONSULTANCY AND SERVICES


§ 1 SCOPE

  1. The provisions of these general terms and conditions apply to all consultancy and service offers of Isabell Decker - Consultancy for Quality Management, irrespective of content and legal nature of the services offered or contractually agreed-upon by Isabell Decker - Consultancy for Quality Management.
  2. Insofar as consultancy contracts or offers by Isabell Decker - Consultancy for Quality Management contain provisions which deviate from the following general terms and conditions the individually offered or agreed-upon contract rules take precedence over these general terms and conditions.


§ 2 TERMS OF REFERENCE AND PERFORMANCE SPECIFICATION

The contracting parties will determine the terms of reference and the performance specification in a consultancy contract. The terms of reference of the consultancy contract contain the type, scope and specifications of the services to be performed by Isabell Decker - Consultancy for Quality Management as well as the type and scope of provisions to be made by the client. An offer and an order confirmation may replace a consultancy contract and a performance specification.


§ 3 OFFER TO CONTRACT AND CONCLUSION OF CONTRACT

  1.  All quotations made by Isabell Decker - Consultancy for Quality Management - constitute a non-binding invitation to the client to order services from Isabell Decker - Consultancy for Quality Management. By ordering or commissioning the desired services via internet, email or by phone the client makes a binding commitment to enter into a service agreement.
  2. Isabell Decker - Consultancy for Quality Management has the right to accept this order within a timeframe of 20 calendar days by sending an order confirmation. For the calculation of the timeframe the date of delivery of the order confirmation to the client shall apply. The order confirmation may be transmitted by email. Upon fruitless expiry of the abovementioned deadline the offer shall be considered to have been refused.
  3. The offer is directed at commercial clients only as the articles/services offered are  used exclusively by these entities.

 


§ 4 MITWIRKUNGSOBLIEGENHEITEN DES KUNDEN

  1. In order to enable the desired professional work of Isabell Decker - Consultancy for Quality Management the client shall inform Isabell Decker - Consultancy for Quality Management as comprehensively as necessary about the commercial, organizational, technical and competitive situation of his company. The client and his employees will collaborate as follows:
  • All questions of Isabell Decker - Consultancy for Quality Management about the relations within the client‘s company shall be answered as fully, accurately and quickly as possible.
  • Likewise, the questions of Isabell Decker - Consultancy for Quality Management about the relations between the client and his business partners, customers and competitors, insofar as these relations are known to the client and/or his executives, shall be answered as fully, accurately and quickly as possible.
  • Isabell Decker - Consultancy for Quality Management shall also be informed unsolicited and as early as possible about such circumstances that might matter to the project.

  2. Isabell Decker - Consultancy for Quality Management shall only ask questions for which the answers might matter to the project.


§ 5 EARLY TERMINATION OF CONTRACT, REMUNERATION, WITHDRAWL FROM AGREED-UPON SERVICES OR DEADLINES

 

The client shall be entitled to withdraw from an appointed date / performance date free of charge no later than 30 days prior to said date. Upon withdrawal no later than 15 days before said date 30 % of the agreed remuneration is due for payment, upon withdrawal no later than 8 days before said date 50 % of the remuneration is due for payment, upon later withdrawal the full remuneration is due for payment. Isabell Decker - Consultancy for Quality Management shall offset the respective amount against the remuneration (which has been saved due to cancellation of the appointment). No other demands of Isabell Decker - Consultancy for Quality Management for payment of expenditures or damages shall arise due to the withdrawal.


§ 6 INVOICING, PAYMENT

 

  1. In the absence of deviating agreements Isabell Decker - Consultancy for Quality Management shall be entitled to charge remuneration and expenditures to the client afterwards. For the calculation of the remuneration the general daily rates of Isabell Decker - Consultancy for Quality Management shall apply.
  2. According to contract, invoices billed by Isabell Decker - Consultancy for Quality Management shall be due for payment immediately.
  3. Should the client be in default for invoices due, Isabell Decker - Consultancy for Quality Management shall be entitled to stop working on the project until these receivables have been settled.
  4. Even without delivery of a reminder the client shall be in default of payment 30 days after the due date.

 


§ 7 FRUSTRATION OF CONTRACT, DEFAULT, IMPOSSIBILITY

  1.  Isabell Decker - Consultancy for Quality Management shall only be in default of performance if certain completion dates have been agreed-upon in writing as fixed dates and Isabell Decker - Consultancy for Quality Management is at fault for the default. Isabell Decker - Consultancy for Quality Management shall not be responsible for force majeure or other events which have hot been predictable upon conclusion of contract and which impede the agreed-upon performance of Isabell Decker - Consultancy for Quality Management. Force majeure means each and every event beyond the control of the contracting parties which partially or totally impedes them from fulfilling their obligations, in particular fire damage, flooding, strikes and lawful lockouts, unexpected pandemics or epidemics as well as operational disturbances or official orders for which Isabell Decker - Consultancy for Quality Management is not responsible.
  2. If the frustration of contract is of a temporary nature then Isabell Decker - Consultancy for Quality Management shall be entitled to delay the fulfillment of her obligations by the duration of the impediment plus a reasonable start-up period. If, in contrast, according to paragraph 1 the performance of Isabell Decker - Consultancy for Quality Management becomes impossible, then Isabell Decker - Consultancy for Quality Management is released from her contractual obligations.


 § 8 WARRANTY, LIABILITY

  1. Isabell Decker - Consultancy for Quality Management shall advise and inform the client within the scope of her experience, proficiency and capabilities to the best of her knowledge and belief.
  2. Instead of the delivery of findings which want to be implicitly consistent with all current schools of thought and scientific theories the performance of Isabell Decker - Consultancy for Quality Management shall contain the methodical identification and utilization of potentials for improvement.
  3. Subject of the contract awarded shall not be success but instead the agreed-upon work or performance. All decisions taken by the client in connection with the services performed by Isabell Decker - Consultancy for Quality Management shall be subject to the client‘s responsibility.
  4. Therefore, liability or compensation claims shall be explicitly excluded.


§ 9 GOVERNING LAW, GENERAL TERMS AND CONDITIONS OF CLIENTS

  1. Apart from individual agreements and these terms and conditions of Isabell Decker - Consultancy for Quality Management any contracts concluded with Isabell Decker - Consultancy for Quality Management shall be solely governed by the laws of the Federal Republic of Germany.
  2. Any general terms and conditions of the client shall have no effect on Isabell Decker - Consultancy for Quality Management, even if Isabell Decker -Consultancy for Quality Management does not expressly object to their inclusion.


§ 10 CONFIDENTIALITY

  1.  The contracting parties mutually oblige to treat any information or knowledge of the other party obtained by them during the collaboration, whether technical, commercial or organizational in nature, as confidential and not to exploit, utilize or make this available to third parties for the duration and after the termination of the contract/project without prior written consent of the party concerned. Use of this information is solely restricted to the performance of the project agreed-upon.


§ 11 MISCELLANEOUS

  1. Provided, no other jurisdiction is applicable, the contracting parties agree that all disputes arising from the present contract shall be subject solely to the competent courts having jurisdiction for the registered office of Isabell Decker - Consultancy for Quality Management.
  2. Insofar as the brands named are trademarks of the respective manufacturers these are respected.
  3. Additions and changes to the present terms and conditions and to the contracts concluded with Isabell Decker - Consultancy for Quality Management must be in writing. In an agreement by email this requirement for the written form shall explicitly be deemed as fulfilled. This also shall apply to changes of the requirement for the written form itself.


§ 12 SEVERABILITY CLAUSE

If any of the provisions of these terms and conditions should be or become ineffective or null and void or if these terms and conditions should contain a regulatory loophole this shall not affect the enforceability of the remaining provisions of the present contract. In place of the null and void or ineffective provision the parties shall agree on an effective provision that comes closest to the intended legal result.

 




 

 


 




 


 
 
 
 
 
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