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General terms and conditions






++ Scope of application ++


This general terms and conditons apply for all  consulting and market information services as well as for  translation, interpreting and sales promotion services provided by HGS-Expportberatung/Heinz-Georg Schaloske at home and abroad.  They are an integral part of every offer made or service provided by HGS-Exportberatung/Heinz-Georg Schaloske and  apply to every legal relationship between us and our costumers.


++ Order placement ++


An order is considered as placed  as soon as HGS-Exportberatung/Heinz Georg Schaloske sends to the customer a written order confirmation for the required services.


++ Subcontractors ++


HGS-Exportberatung/Heinz-Georg Schaloske is entitled to subcontract the execution of any order. Also in such cases the contractual relationship exists only between the customer and HGS-Exportberatung/Heinz-Georg Schaloske.


++ Offer and prices ++


The price for  the consulting and market information services of HGS-Exportberatung/Heinz-Georg Schaloske as well as for our translation, interpreting and sales promotion services is in each case indicated in the written order confirmation which we send to the costumer. This price includes all services defined in the offer confirmation. The given price is valid up to the date of expiry indicated in the offer. The costumerīs   order placement should arrive at HGS-Exportberatung by this date. Offers which do not contain an expiry date are not binding. Seminars, language courses and some pubclicatons (importers lists, market reports) are available for the flat fee indicated in our current price list.. All offers, fees and invoices of HGS-Exportberatung/Heinz-Georg Schaloske are, if not otherwise indicated or agreed, in Euro and plus VAT, if due.


++ Terms of payment ++


Payment shall not include discounts and is due within 14 days from the date of invoicing, unless otherwise stipuladed in our offers, order confirmations and invoices. Apart from that is valid §288 BGB (German Civil Code)


++ Provision of services, order change or cancellation  ++


At the moment of order placing, HGS-Exportberatung/Heinz-Georg Schaloske usually reguires an advance payment  for our consulting and market information services as well as for our translation, interpreting and sales promotion services. If an advance payment has been agreed, the amount of the due advance payment is stated in the offer. Provision of services is done according to the general conditions defined in our detailed offer description. If after placing the order, the customer shall require a change of order HGS-Exportberatung/Heinz-Georg Schaloske will send him therefor a seperate offer. The execution of the additionally required services  will be performed after sending to the customer a written order confirmation and may depend on the receipt of an interim or additional payment. If the customer cancels his order HGS-Exportberatung/Heinz-Georg Schaloske requires payment for already performed services . Order cancellation has to be done in written form (letter or fax). A cancellation by e-mail is not sufficient.


++ Reservation of title ++


All market information, sales promotion and translation services supplied by HGS-Exportberatung/Heinz-Georg Schaloske shall remain our property until the purchase price and all outstanding or further claims arising out of  the business relationship with the costumer have been paid in full.


++ Confidentiality/ business secrecy ++


HGS-Exportberatung/Heinz-Georg Schaloske agrees to maintain absolute discretion and confidendiality regarding internal information and business secrecies which we may have acquired in the course of our consulting mandate. If so required HGS-Exportberatung/Heinz-Georg Schaloske  will sign therefor a confidentiallity agreement.


++ Copyright ++


The copyright as well as well as all intellectual property rights for the services provided by us within the scope of our consulting und information services belong to HGS-Exportberatung/Heinz-Georg Schaloske.


++ Warrantee and liability ++


All consulting and information services of HGS-Exportberatung/Heinz-Georg Schaloske are provided with the due diligence customary in a trade and to the best of our knowledge. In spite of most careful examination and verification HGS-Exporberatung/Heinz-Georg Schaloske is not liable for the content and the correctness of the provided market information and consulting advices. Entrepreneurial decisions made and measures taken by our customers on the basis of our consulting advices and market information are within their sole area of responsibilty.  HGS-Exportberatung/Heinz-Georg Schaloske is therefore not liable for any possible damages which may result from managerial decisions based on our consulting advices or market information..

As to our export sales prospection sevcices HGS-Exportberatung/Heinz-Georg Schaloske gives no warranty for the success of the sales promotion activities provided. In particular, HGS-Exportberatung/Heinz-Georg Schaloske does not guarentee that in each case a suitable foreign business partner will be found or that market success will occur to the extent desired by the customer.

All  translations are performed by HGS-Exportberatung/Heinz-Georg Schaloske with due care and diligence. The costumer assures that there is no copyrights of a third party on the text to be translated, especially no right of publishing. HGS-Exportberatung/Heinz-Georg Schaloske shall not be liable for translation errors caused by illegible, faulty or incomplete source texts or by erroneous data transmission. Completion dates are given in good faith. HGS-Exportberatung/Heinz-Georg Schaloske is reliable for missed deadline only if we have expressly guaranteed a specific completion date. HGS-Exportberatung/Heinz-Georg Schaloske does not accept liability for damages caused by a disruption of our company, above all by force majeur, e.g. Acts of God and disruptions of traffic, network and server errors, possible other line and transmission faults and other obstructions we have no control over. In such cases HGS-Exportberatung/Heinz-Georg Schaloske has the right  to a rescission of contract or to be granted an adequate perdiod of grace. If the customer does not raise immediately, at the latest within 2 weeks, any written objection, then the translation is deemed to be accepted. In this case the costumer waives all and any claims he could be entitled to due to possible errors of translation. If the costumer notifies withhin this period of 2 weeks an objectively existing , not only immateriel error, then he shall discribe this error as exactly as possible  and HGS-Exportberatung/Heinz-Georg Schaloske shall have an adequate extension of time to remedy the fault. HGS-Exportberatung/Heinz-Georg Schaloske shall not be reliable for the loss or damaging of the source text. The costumer is responsible of a sufficient backup of the data he send to us. If the costumer does not inform HGS-Exportberatung/Heinz-Georg Schaloske that the translation is to be printed, and if he does not provide us with a galley proof before the document is printed or he prints it without our aproval, then faults all are borne by the customer. HGS-Exportberatung/Heinz-Georg Schaloske only accepts liability for  willfull neglicence and premeditation. In any case the liability is limited to the value of the respectiv order.

As far as permitted by law, any further claims for damages, especially for loss of profit, delay of services or for consequential damages are excluded.


++ Applicable law and jurisdiction ++


The contractual relation and all other business relations between HGS-Exportberatung/Heinz-Georg Schaloske and our customers are exclusively subject to German laws, excluding international sales law. Subject to admissibility, the exclusive jurisdiction for both parties shall be Kerpen, Germany.


++ Effectiveness ++


The initial or later occuring invalidity of one or more provisions of the General Terms and Conditions does not affect the validity of the other provisions. In that case, a valid provision shall be deemed agreed that is closest to the legal and economic purpose.