General terms and
++ Scope of application ++
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 is considered as placed as soon as HGS-Exportberatung/Heinz Georg
Schaloske sends to the customer a written order confirmation for the required
is entitled to subcontract the execution of any order. Also in
such cases the contractual relationship exists only between the customer and
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.
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.
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
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
market information, sales promotion and translation services supplied by
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
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
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
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
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.
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
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.
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.