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General Terms and Conditions
for the provision of services by FONTANA-EOD Consulting & Engineering GmbH, Am Kaninchenberg 5, 66453 Gersheim, email: info@fontana-eod.de (hereinafter the ‘Contractor’) to its customers (hereinafter the ‘Client’)
1. General provisions
1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the Client and the Contractor incorporating these GTC.
1.2 The Contractor is entitled to subcontract the necessary services in its own name and for its own account to subcontractors, who may in turn engage subcontractors. The Contractor remains the Client’s sole contractual partner. Subcontractors will not be engaged if it is apparent to the Contractor that their engagement would conflict with the Client’s legitimate interests.
1.3 Where other contractual documents or other terms and conditions in text or written form have become part of the contract alongside these GTC, the provisions of those other contractual documents take precedence over these GTC in the event of a conflict.
1.4 The Contractor does not recognise any terms and conditions used by the Client that differ from these terms and conditions, unless expressly agreed.
2. Subject matter of the contract and scope of services
2.1 As an independent business, the Contractor provides the following services to the Client:
Explosive ordnance clearance
2.2 The specific scope of services is the subject of individual agreements between the Contractor and the Client.
2.3 The Contractor provides the contractual services with the greatest possible care and diligence, in accordance with the latest state of the art, rules and knowledge.
2.4 The Contractor is obliged to provide the services owed under the contract. In carrying out its activities, however, it is not subject to instructions regarding the manner, place or time of service provision. It will nevertheless determine its working days and the allocation of time on those days so as to achieve optimum efficiency in its activities and in fulfilling the subject matter of the contract. The Contractor provides its services solely in consultation and coordination with the Client.
3. Client’s duties to cooperate
The Client is responsible for providing complete and accurate information, data and other content that it is required to supply for the performance of the services. The Contractor is not responsible to the Client in any respect for delays in service provision caused by the Client’s late provision of necessary cooperation or assistance; the provisions under ‘Liability / indemnification’ remain unaffected.
4. Remuneration
4.1 Remuneration is agreed individually in the contract.
4.2 Remuneration is payable after the services have been provided. Where remuneration is calculated by time periods, it is payable after the end of each period (§ 614 BGB). Unless otherwise agreed, where billing is based on the effort involved, the Contractor is entitled to invoice monthly for the services provided.
4.3 After providing the services, the Contractor sends the Client an invoice by post or email (for example, as a PDF). Remuneration is due for payment within 14 days of receipt of the invoice.
5. Liability / indemnification
5.1 The Contractor’s liability, irrespective of its legal basis, is unlimited in cases of intent or gross negligence, intentional or negligent injury to life, limb or health, a guarantee commitment unless otherwise provided in that respect, or mandatory liability. If the Contractor negligently breaches a material contractual obligation, liability is limited to foreseeable damage typical of the contract, unless liability is unlimited under the preceding sentence. Material contractual obligations are obligations imposed on the Contractor by the content of the contract to achieve its purpose, whose fulfilment is essential for the proper performance of the contract and on whose observance the customer may regularly rely. In all other respects, the Contractor’s liability is excluded. The above liability provisions also apply to the Contractor’s liability for persons it engages to perform its obligations and its legal representatives.
5.2 The Client indemnifies the Contractor against any third-party claims asserted against the Contractor as a result of the customer’s breaches of these contractual terms or applicable law.
6. Contract duration and termination
6.1 The parties agree individually on the contract duration and the notice periods for ordinary termination.
6.2 The right of either party to terminate the contract without notice for good cause remains unaffected.
6.3 After termination of the contract, the Contractor must promptly return or destroy all documents and other content supplied to it, at the customer’s choice. No right of retention may be asserted over them. Electronic data must be deleted completely. Documents and data subject to a longer statutory retention obligation are excepted, but only until the end of the applicable retention period. At the company’s request, the Contractor must confirm the deletion in writing.
7. Confidentiality and data protection
7.1 The Contractor will treat all matters of which it becomes aware in connection with the assignment as strictly confidential. The Contractor undertakes to impose the duty of confidentiality on all employees and/or third parties who have access to the information covered by the contract. The duty of confidentiality continues indefinitely beyond the duration of this contract.
7.2 In performing the assignment, the Contractor undertakes to comply with all data protection provisions, in particular the General Data Protection Regulation and the German Federal Data Protection Act.
8. Final provisions
8.1 The law of the Federal Republic of Germany applies, excluding the CISG.
8.2 If any provision of these GTC is or becomes invalid, the validity of the remaining GTC is unaffected.
8.3 Where necessary, the Client will assist the Contractor in providing the contractual services through appropriate cooperation. In particular, the Client will provide the Contractor with the information and data necessary to perform the assignment.
8.4 If the Client is a merchant, a legal person under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the parties agree that the Contractor’s registered office is the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected.
8.5 The Contractor is entitled to amend these GTC for objectively justified reasons, such as changes in case law, legislation, market conditions or business or corporate strategy, subject to a reasonable notice period. Existing customers will be notified by email no later than two weeks before the amendment takes effect. If an existing customer does not object within the period specified in the amendment notice, consent to the amendment is deemed to have been given. If the customer objects, the amendments do not take effect; in that case, the Contractor is entitled to terminate the contract extraordinarily with effect from the date on which the amendment would have taken effect. The notice of the intended amendment to these GTC will indicate the deadline and the consequences of objecting or failing to object.
9. Information on online dispute resolution / consumer conciliation
The provider participates in dispute resolution proceedings before the consumer conciliation body named in the legal notice.
Our email address is provided in the heading of these GTC.
