General Terms and Conditions

Services

GBK provides the services in accordance with the offer.

GBK shall perform the assigned services conscientiously and professionally in accordance with the generally recognized rules. If GBK violates these obligations and its work results are faulty as a result, these shall be reworked and corrected immediately after acceptance.

GBK is entitled to use expert third parties for the execution of partial orders, whereby GBK must ensure that they are carefully selected. The same confidentiality agreements are concluded with external service providers as with the client.

Obligations of the client to cooperate

The customer is fully responsible for the accuracy and completeness of the product information. The performance obligations arise for all products that have been reported by the customer and are available.

The customer must ensure that the product information is always up to date.

Liability

Liability between the parties shall be limited to intent and, in the event of gross negligence, to a maximum of € 100,000, insofar as this is legally possible.

GBK shall be indemnified by the client against third-party claims in connection with the performance of the service. Such claims are immediately and directly transferred to the client. Of course, this indemnification does not apply to consequences arising from poor performance by GBK.

In the event of a proven breach of contract by the customer and the resulting termination by GBK, the customer is not entitled to a refund of the annual flat rate to be paid in advance.

Term / Termination

The contract is valid for 3 years from the start of the contract and is automatically extended by a further 2 years if it is not terminated by one of the contracting parties by registered letter with three months’ notice to the end of the contract.

GBK and the customer are entitled to terminate the contract for cause if there is a proven breach of contract by the other party. In this case, the notice period shall be two weeks.

Terms of payment

Method of payment according to offer – invoices are due within thirty days at the latest without deduction.

Confidentiality obligation

GBK undertakes to maintain confidentiality regarding operational matters (in particular product information, data, documents and work results of the customer) of which it becomes aware during the performance of this contract, insofar as this is legally permissible.

The duty of confidentiality shall continue to apply for one year after termination of the contractual relationship.

Severability clause

Should provisions of this contract or a provision included in it in the future be wholly or partially invalid or unenforceable or subsequently lose their legal validity or enforceability, the validity of the remaining provisions of this contract shall not be affected.

The same applies if it turns out that the contract contains a loophole.

In place of the invalid or unenforceable provisions or to fill the gap, an appropriate provision shall apply which, as far as legally possible, comes closest to what the parties intended or would have intended according to the meaning and purpose of the contract if they had considered the point when concluding this contract or when subsequently including a provision.

If individual components of the contract become ineffective during the term of the contract due to GBK, this ineffectiveness shall not affect the entire contract, but the ineffective clause shall, if necessary, be replaced by a provision that meets the original economic objective.

Other agreements

Amendments to the contract must be made in writing. This also applies to all deviations from the written form requirement.

The contract is subject exclusively to German law.

Place of jurisdiction

The exclusive place of jurisdiction is Ingelheim / Rhein.