VeritasGeneral Terms and Conditions
These terms and conditions govern the cooperation between Veritas Power Consult GmbH and its clients in the provision of consulting services.
1. Scope of Application
These General Terms and Conditions (GTC) apply to all contracts, deliveries, and services of Veritas Power Consult GmbH (hereinafter referred to as "Contractor") with its customers (hereinafter referred to as "Client").
Deviating, conflicting or supplementary terms and conditions of the Client shall only become part of the contract if the Contractor has expressly agreed to their validity.
These GTC also apply to all future business relationships, even if they are not expressly agreed again.
2. Services
2.1 Consulting Services
The Contractor provides consulting services in the areas of energy management, sustainability, and strategic business consulting. The specific scope of services is determined by the respective order confirmation or consulting agreement.
2.2 Service Delivery
- Analysis of the current situation at the client
- Development of solution concepts and strategies
- Support in the implementation of measures
- Trainings and workshops
- Project management and quality assurance
2.3 Changes to Services
Changes to the scope of services must be agreed in writing. The Contractor is entitled to make reasonable changes to the services, provided these are acceptable to the Client.
3. Conclusion of Contract
3.1 Offer and Acceptance
Offers made by the Contractor are non-binding unless expressly stated otherwise. The contract is concluded through written confirmation of the order or by commencement of service delivery.
3.2 Written Form
Contracts and amendments to contracts must be in writing to be valid. This also applies to any waiver of the written form requirement.
3.3 Project Duration
The duration of consulting projects is specified in the respective order confirmation. Deadlines are only binding if they are explicitly agreed in writing.
4. Obligations of the Parties
Contractor's Obligations
- Professional and diligent service delivery
- Compliance with agreed deadlines and quality standards
- Regular communication on project progress
- Maintaining confidentiality
- Documentation of services provided
Client's Obligations
- Provision of necessary information and data
- Granting required access rights
- Appointment of competent contact persons
- Timely payment of fees
- Cooperation in service delivery
5. Compensation and Payment
5.1 Compensation
Compensation is based on the respective order confirmation. Unless otherwise agreed, billing is based on time and effort, according to the agreed daily rates plus applicable VAT.
5.2 Additional Costs
Additional costs such as travel expenses, per diems, and other disbursements will be invoiced separately. Travel time will be charged at 50% of the agreed daily rate.
5.3 Payment Terms
| Service | Payment Term | Discount |
|---|---|---|
| Consulting Services | 14 days net | 2% if paid within 7 days |
| Project Billing | 30 days net | - |
| Expenses / Disbursements | Due immediately | - |
6. Liability
Limitation of Liability
The Contractor's liability is limited to intent and gross negligence. In cases of slight negligence, the Contractor is only liable for breaches of essential contractual obligations and limited to foreseeable, typical damages.
6.1 Excluded Damages
- Loss of profits
- Production downtime
- Consequential damages
- Indirect damages
6.2 Insurance
The Contractor maintains professional liability insurance with a coverage amount of EUR 1,000,000 per incident.
7. Confidentiality
Confidentiality Obligation
Both parties agree to treat all confidential information obtained during the course of the collaboration as strictly confidential and not to disclose it to third parties. This obligation remains in effect even after the termination of the contractual relationship.
7.1 Confidential Information
- Business and trade secrets
- Technical data and procedures
- Customer and employee data
- Strategic planning
- Financial information
8. Intellectual Property and Usage Rights
8.1 Copyright
All concepts, analyses, presentations, and other deliverables created by the Contractor remain the property of the Contractor. The Client receives a simple, non-transferable right to use the materials for the agreed purpose only.
8.2 Know-how
The Contractor's methodological know-how and approach remain their intellectual property and may not be used by the Client for their own consulting activities or shared with third parties.
8.3 References
The Contractor is entitled to name the Client as a reference in general terms unless otherwise agreed.
9. Termination
9.1 Ordinary Termination
Both parties may terminate the contractual relationship with four weeks' notice to the end of a month, provided no fixed project duration has been agreed upon.
9.2 Extraordinary Termination
The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular in the event of a serious breach of contractual obligations.
9.3 Consequences of Termination
Upon termination of the contract, services already rendered must be compensated. All confidential information must be returned or destroyed.
10. Final Provisions
10.1 Governing Law
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods and conflict of laws provisions.
10.2 Jurisdiction
The exclusive place of jurisdiction for all disputes arising from this contractual relationship is Cologne, provided the client is a merchant, a legal entity under public law, or a special fund under public law.
10.3 Severability Clause
Should any provision of these General Terms and Conditions be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid one that comes as close as possible to the economic purpose of the invalid provision.
Contact for Legal Matters
Veritas Power Consult GmbH
Legal Department
Kalscheurer Weg 25-27, 50969 Cologne
E-mail: legal@veritaspowerconsult.com
Phone: +49 (0) 221 45081116