General Terms and Conditions
General Terms and Conditions Lobmeyer GmbH, Business
1 Application of the general terms and conditions
1.1 The General Terms and Conditions of Lobmeyer GmbH apply to all services rendered, unless otherwise agreed on in individual cases.
1.2 General terms and conditions of the client are not applicable.
2 General Information
2.1 The contract is concluded with the return of a copy of the offer signed by the client or a separate order.
2.2 All agreements and legally relevant declarations of the contracting parties must be in writing to be valid.
2.3 Should any provision of these terms and conditions prove to be invalid in whole or in part, the contracting parties shall replace such provision by a new agreement that corresponds to its legal and economic success.
3 Execution of the work
3.1 Lobmeyer GmbH commits itself to the careful execution of the contractually accepted service contracts.
3.2 Lobmeyer GmbH can have the contractual contracts fulfilled in whole or in part by third parties. In this case, Lobmeyer GmbH is liable for the due care in the selection and instruction of the third party.
4 Premature termination of contract
The contract can be revoked or terminated by either party at any time. The period of notice is 1 month on both sides for longer-term mandates.
5 Copyright law
5.1 Any copyrights jointly developed in the course of the cooperation belong to the client.
5.2 Lobmeyer GmbH is entitled to a non-exclusive, free use of the jointly created copyrights, provided that the application of these is not in competition with the client.
6.1 Lobmeyer GmbH shall maintain the confidentiality of confidential documents and information that it receives or learns from the client in the course of fulfilling the contractually assumed obligations. For this purpose, Lobmeyer GmbH instructs its employees and any third parties it may have consulted not to make such manufacturing and business documents available to third parties. However, Lobmeyer GmbH is authorized to use knowledge gained during the fulfillment of the contractually assumed obligations without breach of confidentiality for the fulfillment of contracts with third parties.
6.2 Documents provided by the client in connection with the fulfilment of the contract remain the property of the client and can be reclaimed by the client at any time within two years after the conclusion of the contract.
The client must check the work result of Lobmeyer GmbH immediately after delivery. If the client does not complain about the work result to Lobmeyer GmbH in writing within four weeks after delivery, the work result is considered to be accepted and Lobmeyer GmbH is only liable within the framework of article 8 of these terms and conditions.
8.1 Lobmeyer GmbH is liable for the careful execution of the work undertaken according to the contract.
8.2 The client has to assert a possible claim in writing to Lobmeyer GmbH immediately after the discovery of the fault. However, the liability claim against Lobmeyer GmbH expires, if such a claim is not made within three months after the handover of the work result.
8.3 The liability of Lobmeyer GmbH is limited to the price already paid in the corresponding contract.
8.4 Lobmeyer GmbH is under no circumstances liable for indirect damages or losses, such as loss of use, loss of production, loss of profit or costs associated with an interruption of business.
8.5 In the event of a product liability case for which Lobmeyer GmbH is responsible, Lobmeyer GmbH is liable up to the amount that has actually been paid by Lobmeyer GmbH’s insurance company. Any claims exceeding this amount will be assumed by the client or his insurance company.
9 Charge rates
The rates invoiced by Lobmeyer GmbH are defined contractually, either in the contract itself or in an appendix to the contract specific to the order.
10 Terms of payment
10.1 Lobmeyer GmbH will issue monthly invoices for the services and materials provided or purchased.
10.2 The invoices are due for payment within 14 days from the date of invoice, net without deduction of discounts, expenses, taxes, charges, etc.
10.3 If the client does not meet a payment date, he is in default from the due date without further reminder.
11 Place of jurisdiction and applicable law
11.1 The legal relationship is subject to Swiss law.
11.2 The place of jurisdiction for the client and Lobmeyer GmbH is St. Gallen/Switzerland. However, Lobmeyer GmbH is entitled to sue the client at his place of business.
12 Severability Clause
Should individual provisions of the consultancy contract or the General Terms and Conditions be or become invalid or void, the validity of the consultancy contract as a whole shall not be affected. Instead, the invalid or void provision shall be freely interpreted and replaced by a provision which comes closest to the purpose of the contract or the will of the parties.