General Terms and Conditions

Disclaimer: This English version of our General Terms and Conditions is provided for information purposes only. In case of any conflict or discrepancy between the English and the German version, the German version shall prevail.

§ 1 Scope
The following terms and conditions apply between the client (hereinafter: “Client”) and BCM. GmbH as the contractor (hereinafter: “Contractor”) for all services provided by the Contractor, whether agreed in writing or verbally, unless otherwise agreed in writing. Any general terms and conditions of the Client that contradict or deviate from these Terms and Conditions shall only apply if their applicability has been expressly agreed in writing between the parties.

§ 2 Subject Matter
The Contractor performs its services in accordance with the principles of advisory services and in compliance with the recognized rules of the profession of market and social researchers.

§ 3 Scope of Services

1. The task, the approach, the type of work results, the time required, and the fee to be paid are governed by written agreements. Changes, additions, or extensions to the task, the approach, or the type of work results require a separate written agreement. This also applies to the waiver of the written form requirement itself.
2. The Contractor’s offer serves solely as a basis for the Client’s decision regarding the awarding of the contract. Unless otherwise agreed, the content of the offer may not be published in whole or in part by the Client or passed on to third parties.

§ 4 Exclusivity
The Contractor does not grant the Client any exclusivity unless this has been expressly agreed in writing, also with regard to duration and additional fees.

§ 5 Reports, Use
The Client receives the documentation of the work results exclusively for its own use within the scope of the contractual agreements. The content may not be published in whole or in part by the Client or passed on to third parties unless this has been expressly agreed in writing.

§ 6 Rights
Unless otherwise agreed, all rights to information and data of any kind collected or generated during the performance of the contract shall remain with the Contractor. The Client is entitled to use the information and data provided by the Contractor within the framework of the contractual agreements made.

§ 7 Naming of the Client by the Contractor
The Client agrees that the Contractor may use the Client’s company name and company logo in its external communication.

§ 8 Retention Obligation of the Contractor
The Contractor undertakes to retain survey documents and data carriers for a period of 12 months after delivery of the work results.

§ 9 Acceptance
The Contractor provides the work results performed in accordance with the contract for acceptance. If the Client does not accept the work results after they have been provided for a reason that does not constitute an immediate and justified complaint, the work result shall be deemed accepted two weeks after being provided. Any use of the work results by the Client, in whole or in part, shall be equivalent to acceptance.

§ 10 Warranty, Liability
The Contractor is liable for damages caused intentionally or through gross negligence by the Contractor or its employees, on whatever legal grounds, up to a total amount of 50% of the contract value, but no more than EUR 25,000.00 in total. Any further liability is excluded.

§ 11 Force Majeure
Events of force majeure that significantly impede or render impossible the Contractor’s performance entitle the Contractor to postpone the fulfillment of its obligation by the duration of the impediment plus an additional reasonable lead time. In the event of impossibility, the Contractor is entitled to suspend the provision of services.

§ 12 Breach of the Client’s Duties to Cooperate
If the Client fails to fulfill a contractually agreed duty to cooperate, the Contractor is entitled to terminate the contract after expiry of a reasonable grace period. The Contractor retains the claim to remuneration in accordance with § 642 para. 2 BGB. Furthermore, the Contractor’s claims for compensation of additional expenses incurred due to the delay or the Client’s failure to cooperate, as well as for damages caused, shall remain unaffected, even if the Contractor does not exercise its right to terminate.

§ 13 Fees, Additional Costs, Due Dates

1. The fee is agreed either as a fixed price or based on actual expenditure. Project-related additional costs result from the contract. The total amount is payable without deductions. The due dates are agreed in the contract.
2. Fees and additional costs are exclusive of value-added tax. The Client is not entitled to any right of set-off or retention.
   

§ 14 Miscellaneous

1. The law of the Federal Republic of Germany shall apply. If any provisions of these General Terms and Conditions are invalid, the remaining provisions shall not be affected. The parties undertake to replace any invalid provisions with economically equivalent and valid provisions.
2. Amendments and supplements to these General Terms and Conditions must be made in writing. This also applies to any amendment of this written-form clause.
3. The place of jurisdiction for all disputes arising from existing contractual relationships between the parties and in connection therewith shall be the registered office of the Contractor. The Contractor is also entitled to bring claims against the Client in other places of jurisdiction.