General Terms and Conditions
Field of application:
The General Terms and Conditions (GTC) apply to all contracts of Arne Mielken (“CUSTOMS MANAGER”) with his clients, irrespective of the content and legal nature of the consultancy services offered or contractually assumed by CUSTOMS MANAGER. Insofar as consultancy contracts or offers of the CUSTOMS MANAGER contain written provisions that deviate from the GTC, these individually offered contract rules shall take precedence over the GTC. Any changes must be made in a written form. Within the framework of an existing business relationship, the GTC are valid, even if not referenced in a single transaction.
A contractual relationship is only established by placing an order and confirmation by the CUSTOMS MANAGER.
3. Customer's obligations:
In order to provide the CUSTOMS MANAGER with the desired professional work, the client will inform the CUSTOMS MANAGER comprehensively about the business, organizational, technical and competitive situation of his company. In particular, the customer will be assisted personally and, if necessary, by his employees as follows: All questions of the CUSTOMS MANAGER employees regarding the actual and legal conditions within the customer company are answered as completely, possible, accurately and in the short term; as well as all questions about the actual and legal relationships between the customer and his business partners and competitors. The CUSTOMS MANAGER consultants will only ask questions that may be of relevance to the project. CUSTOMS MANAGER will also be informed without prior notice and as soon as possible about such circumstances that may be of importance to the project. Intermediate results and interim reports delivered by the CUSTOMS MANAGER are immediately reviewed by the customer to determine whether the information contained therein relates to the customer or his company; Any necessary corrections and any change requests have to be reported to the CUSTOMS MANAGER immediately.
4. Contract duration:
The contract is concluded for an indefinite period, but ends at the latest final settlement by the CUSTOMS MANAGER.
The agreement can be cancelled by both sides by registered letter up to 60 days. A termination without notice is possible for both parties in the event of a fundamental breach of the provisions, after the other party has been given a reasonable period for rectification.
The CUSTOMS MANAGER is entitled to charge fees and expenses monthly, depending on the incident, to the customer. A work log is kept. Contract-related invoices of the CUSTOMS MANAGER are due within 14 (fourteen) days. If the customer is in arrears with the settlement of due invoices, the CUSTOMS MANAGER is entitled to cease its work on the project until these requirements are met. In case of default, a default interest of 8% will be charged from the due date. Currently the pricelist indicated on the website.
The CUSTOMS MANAGER will only be in default with its services if these have been agreed as fixed dates for the completion dates and if the CUSTOMS MANAGER is responsible for the delay. The CUSTOMS MANAGER is not responsible for force majeure, strikes, lockouts or the like. If such events make it impossible for the CUSTOMS MANAGER. to render the service, the CUSTOMS MANAGER shall be exempted from rendering the service. Legal and tax consultations are not provided by the CUSTOMS MANAGER.
If counselling errors are attributed to the fact that the customer has not fully or in due time fulfilled the obligations of clause 3, the liability of CUSTOMS MANAGER is excluded. In case of dispute, the customer shall prove the full and timely fulfilment of all obligations to cooperate. CUSTOMS MANAGER shall only be liable for damages of the customer if and insofar as these were caused by the CUSTOMS MANAGER intentionally or through gross negligence. The proof will lead in case of dispute the customer. All claims for damages to the CUSTOMS MANAGER expire after 3 years at the latest. The limitation period begins with the recognizability of the damage, but at the latest with the end of the contractual activity. A success of the cooperation resulting from the consultation can not be guaranteed by the CUSTOMS MANAGER with regard to the respective task.
9. Choice of law:
In addition to these GTC of the CUSTOMS MANAGER only the law of the United Kingdom applies. General terms and conditions of the customer have no effect on the CUSTOMS MANAGER, even if the CUSTOMS MANAGER does not expressly object to their inclusion.
10. Place of fulfilment and place of jurisdiction:
Place of fulfilment for services and payments is the United Kingdom. Place of jurisdiction is the United Kingdom.
11. Severability clause:
Should a provision of this contract be or become ineffective, the validity of this contract shall not be affected. The contracting parties have to replace the ineffective clause by an economically equivalent valid provision.