1 Subject matter
LOCA NOVA provides the services in connection with the change of location of the Customer’s employees as well as the organizational set-up of a company or its branch office.
2 Scope of Services
2.1. Scope and nature of LOCA NOVA’s contractual obligations are stipulated in the Supplier’s written offer and the Customer’s written order confirmation. The Supplier’s offers shall not be binding, unless the Customer accepts them.
- The order does neither include consultations in legal matters concerning foreigners nor legal, tax or insurance advice. If the Customer especially commissions LOCA NOVA with such matters, we will endeavour to have the relevant services rendered by external consultants at the Customer’s expense.
2.3. Furthermore, the scope of LOCA NOVA’s duties does not include the representation of the Customer or beneficiary in legal transactions which may incur legal obligations of the Customer or the beneficiary, in particular payment of liability obligations. Upon the Customer’s express wish, in individual cases, the performance of such activities by LOCA NOVA is taken into consideration, if the Customer agrees in writing to hold LOCA NOVA free from any liability that may incur in connection with such activates.
3 Remuneration, Payment
3.1. If not agreed upon otherwise, payments shall be made as follows: 50% at the placing of the order and 50% after termination of the order.
- LOCA NOVA’s claim for remuneration shall remain valid regardless of further commission claims brought against the Customer by third parties. This applies in particular to claims incurring as a consequence of Customer’s beneficiary’s own activities. Expenses incurred shall be compensated for separately against presentation of the bills. Broker’s commissions are neither included in the Supplier’s services nor shall be paid in advance by LOCA NOVA.
- There is no surcharge added to the hourly rates on weekends and Germans/Bavarian Holiday work.
4 Duties and obligations of the Customer
- The Customer shall procure at his own expense and make available to LOCA NOVA, in due time and in full, all documents and information which are necessary for the performance of contract by LOCA NOVA.
- As from the date of signing the order with LOCA NOVA, the Customer shall notify of any other undertakings with regard to the object search and shall coordinate his own activities with LOCA NOVA.
- The Customer shall use his influence on the beneficiary of the services to ensure that the latter keeps appointments or if he is unable to attend, that he cancels them with a reasonable period of notification.
5 Duration of Contract, Termination, Cancellation Fees
- The duration of contract depends on the order signed. The Customer is entitled to terminate the contract at any time without observing a period of notice. LOCA NOVA may terminate the contract for an important reason only. An important reason, which entitles to termination is given in particular, if the Customer violates this obligations stipulated under § 4 and thus renders the execution of the order impossible or substantially more difficult.
5.2 Any premature termination of the contract entitles LOCA NOVA to claim remuneration in the following amount. According to the progress of the work; 30% of the agreed total remuneration after taking up the activities with the beneficiary, but prior to the beginning of the object search. 50% of the agreed total remuneration after the beginning of object search, but prior to the signing of the tenancy agreement. 80% of the agreed total remuneration after the signing of the tenancy agreement
This rule does not apply, if the Customer is able to prove that no expense or damage have occurred or that expense or damage are considerably lower than the above remuneration.
6.1. LOCA NOVA shall not be liable for damage for any legal reason whatsoever, unless such damage; (a) results from the lack of an assured quality. (b) Is caused by LOCA NOVA negligent violation of an essential contractual obligation in such a way that it endangers the purpose of the contract. (c) Is due to gross negligence or wrongful intent of LOCA NOVA.
6.2. Any liability for the performances of third parties which carry out an obligation for LOCA NOVA for such performances shall be excluded. Information supplied by third parties will be transmitted according to LOCA NOVA’s best knowledge and belief without it’s assuming any liability for the correctness of such information.
- In cases in which LOCA NOVA assumes liability, such shall be limited to the amount of the order agreed upon as well as to such damage which may be normally expected within the framework of this contract.
6.4. The scope of this contract does not include written or oral translations into other languages. If upon the Customer’s wish, LOCA NOVA provides any such translation, it does not assume any liability for its correctness.
7 Right of Retention
The claiming by the Customer of a right of retention pursuant to sections 273, 320 BGB (German Civil Code) shall be excluded. The Customer only has the right to set off against undisputed or legally effective claims.
8 Data Protection
LOCA NOVA shall not disclose to third parties personal data of the Customer and the beneficiary without the written consent of the party concerned or use them in any other way for its own purposes.
9 General Provisions
No side agreements were made. Amendments and/or supplements to this contract shall not be effective, unless made in writing. The same shall apply to the cancellation of this form requirement.
Place of jurisdiction for any dispute arising from this contract shall be Munich.
This contract and its interpretation shall be subject to German substantive law exclusively.
Should any provision of this contract be or become ineffective, the parties agree that in case of doubt, the other contractual provisions shall not be affected thereby.