General Terms and Conditions
1. The following General Terms and Conditions lof Facts & Files Historical Research Institute Berlin Drauschke – Schreiber Partnership Scholars in Archives, History and Literature (hereinafter referred to as Facts & Files) regulate the contractual relationships between Facts & Files, hereinafter referred to as the Contractor, and its clients, hereinafter referred to as the Client.
2. The Client accept the General Terms and Conditions when signing the contract.
3. The contract will be violated if there is any contradiction of these General Terms and Conditions.
II. Range and Implementation of a Commission
1. The range of services will be stipulated in the first contractual agreement. These stipulations require a written confirmation.
2. During the completion of the commission the object of agreement of the service is needed so that the relevant parties can make an agreement. This agreement and stipulation of corresponding compensation are likewise adhered to in written form.
3. The Contractor is authorised of third party advice during the implementation of the commission.
1. The contract ends with the fulfillment of the mutual services with either withdrawal or termination.
2. A withdrawal of the Contractor from the contract is possible under special circumstances. Such circumstances considered would be:
- Circumstances exist which make the execution of the order impossible or only possible at disproportionate expense, insofar as these circumstances are not the responsibility of the Contractor.
- Insolvency proceedings have been opened against the Client’s assets before or after the contractual agreement or the opening of such proceedings has been rejected for lack of sufficient assets.
- In the event of withdrawal, the Contractor is to be paid proven expenses and the agreed remuneration in accordance with the services rendered.
IV. Transfer of Rights
1. The Client receives data or data carriers according to the respective order for personal use. Further rights of use to data or data carriers shall only be transferred to the Client to the extent that this is stipulated in the individual contract.
2. If the subject of the order is the preparation of an expert opinion, it must be noted that the Client receives the expert opinion exclusively for his own use. Unless otherwise agreed, the contents of the expert opinion may only be published in whole or in part or passed on to third parties with the consent of the author and the Contractor. If the Client wishes to quote from the expert opinion, he must identify the quotes as such and name the Contractor as the author of the expert opinion. The above shall not apply to the result of the expert opinion itself.
3. Ownership of documents, data carriers, contractually agreed rights of use, copies supplied, books and other items owed shall be acquired by the Client only subject to full payment of the remuneration owed in each case.
4. The transfer of rights and obligations of the Client from the contract concluded with Facts & Files requires the written consent of the Contractor in order to be effective.
1. The Contractor is a registered partnership company. Each partner is liable within the framework of the § 8 PartGG. The limitations of liability are pointed out in § 8, 2.
2. The Contractor is not liable for damages and subsequent damages which have been made because of the decision of the Client and the interpretation is based on the information of the Contractor. This will hold particularly without total conformity to the information supplied in Nr. VI.
3. It does not encompass claims made by the Client against the Contractor for compensation for damages caused by slight negligence.
4. The Contractor is obliged in the case of the research requested to examine the agreed contents of the contract. The Contractor is unable to take on a full guarantee for the total findings of the report.
1. The agreed delivery periods are based on empirical values. In the event of special, unforeseeable circumstances, deviations from the agreed deadline may occur. In this case, the Client shall be informed immediately in order to avoid the occurrence of a delay.
VII. Final Provisions
1. Place of performance is Berlin.
2. The laws of the Federal Republic of Germany shall apply exclusively to the execution of the order and to disputes arising from the contractual relationship.
3. The place of jurisdiction for disputes arising from or in connection with this contract shall be Berlin for both parties.
4. Should one of the aforementioned conditions be or become invalid, this shall not affect the validity of the remaining provisions.
5. If the written form is required within the scope of an individual contractual regulation or by these General Terms and Conditions, an agreement that waives the written form shall also require the written form.