Imprint / General terms and conditions Imprint: Estate Seiffert
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Phone: 02 407 / 902 683 These rainer-seiffert@gmx.de
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General Conditions of Contract: Terms - Real Estate The above terms and conditions in force at the time of order, as amended are the starting point for all trade negotiations A / D / H Consult ® Master of Business Administration Rainer Seiffert and are considered binding. On receipt of the offer terms and conditions may apply. Any other arrangements must be in writing and require the consent A / D / H Consult.
1.Vermittlungstätigkeit A / D / H Consult provides real estate properties for sale or rent or lease. The object information is from A / D / H Consult collected with care, but are based on information provided to the contractor and / or the owner. By A / D / H Consult assume no assurance that all job figures are the accuracy and completeness and the object in the moment of access this offer is still available. Deviations from the specified object-related data are possible and not interfere with the commission claims that if the economic identity is preserved the aforementioned property.
The offers are not binding, in particular, remain to prior sale and intermediate rent or lease between the objects punished.
The reservation of an object is possible only in individual cases, for a limited period and subject to the effectiveness of a written confirmation of A / D / H Consult ® Master of Business Administration Rainer Seiffert.
A / D / H Consult is fully entitled to be included for the other party commission basis.
2.Maklervertrag A brokerage contract with Real Estate mediation between the customer and A / D / H Consult ® Master of Business Administration Rainer Seiffert is concluded when the customer Knowledge of the commission required the supply and brokering of A / D / H Consult ® Diplom-Kaufmann Rainer Seiffert information about advertised properties from, and / or after service of the Offers and the terms and conditions for more information requests and / or to arrange an Appointment to the object with A / D / H Consult ® Master of Business Administration Rainer Seiffert, or A / D / H Consult ® comes and to open negotiations with A / D / H Consult ® and / or with the owner / landlord or if the customer the owner / landlord is directly related.
A ® A / D / H Consult business graduate Rainer Seiffert notified the opportunity to contract will - if not immediately made opposition - as yet unknown recognition, which also is a broker contract is. A / D / H Consult ® Master of Business Administration Rainer Seiffert are generally entitled to the right to be present at notarial or other written contracts and replaced immediately after conclusion of a simple copy of each contract.
3.Provisionsanspruch commission claim is due and deserved, by demonstrating once or brokering of a contract will be afi. Contributed to this situation is in terms of the contract for the emergence of the right to commission enough. The use of Activity of afi and the request of property documents to commission, if there is a contract (purchase, rent) over the object.
commission is due even if for economic, legal or other considerations in addition to the proposed contract or instead of such another successful (from, for example, completion of a purchase or lease agreement, signed a licensing and cooperation agreement instead of a lease, purchase settlement or bankruptcy, acquisition of a stake in the company or parts of the enterprise rather than a rental or a sale of the entire property). The commission is not affected thereby, provided that the economic success does not deviates substantially from the offer.
The commission claim continues to exist even if the contract concluded by entry of a condition or void due to a cancellation of title, or for any other reason or purpose is not fulfilled.
is the customer and remain liable to pay the commission the full amount required, even if it passes the proof of an opportunity to contract to a third party and it then enters into the main contract. The direct or indirect transfer of the properties of A / D / H Consult ® Master of Business Administration Rainer Seifert replaced in buying from the full commission obligation of the party concerned. Commission claim exists, even if the prospective purchases property offered through the foreclosure sale. This event will the offeree the total commission alone.
1 determines the amount of agency fee due to our work as follows:
1.Vermittlung the purchase and sale of real estate 4.9% of VAT charged inkl.der contractually agreed total purchase price.
2.Vermittlung the purchase and sale of agricultural land and farmsteads, including 4.9% inclusive of VAT charged by the contracted purchase price.
3.Vermittung the purchase and sale of building land, including 4.9% of the statutory VAT charged by the contracted purchase price, are not being assessed from the purchase price to be paid not by the vendor development costs incurred in the commission calculation.
4.Vermittlung of exchange of land contracts, including 4.9% VAT charged on the value of the "highest" object.
5.Vermittlung the purchase and sale of home ownership / part ownership 4.9% inclusive of VAT charged by the contracted purchase price. 6.Vermittlung of leasehold contracts 4.9% inclusive of VAT charged by the contracted value of 25 times the annual output of Buyer / leaseholder.
7.Vermittlung a Ausbietungsgarantie Ausbietungsvertrages or 4.9% including VAT charged by the successful bid, but only payable if a final award is made to the purchaser.
8.Vermittung of buying and selling shares in estates of 4.9% inclusive of VAT charged by the contracted purchase price.
9th For the procurement of a presence or pre-emption shall pay to the owner is a fee of 1.16% including VAT of the market value, but at least € 350, --. Upon exercise of this right, the above Fee as per point 1) to 8) charged to be paid commission.
2 For rentals and leases, payable by the tenant / leaseholder including VAT:
first For rental agreements, regardless of any lesser agreed contract period than 5 years and up to 5 years, the agency fee 2.392 months rent.
second With a duration of over 5 years calculated from the respective resulting contract amount, based on the agreed term of the lease to a maximum of 3 months rent.
third The tenant will be granted options to renew the lease / contract terms are as treated: 4.9% of the rent contract and option period, but at least 2.30 months rent. For the rental price also includes all other contractual benefits money values, except for consumption and associated costs and taxes. In Season rent is the average rent.
of 1 and 2 above commission rates include certain tax law today. Should a change occur in the tax rate, the rate is agreed at the time of the deadline of our commission statement valid.
4 through the under 1 and 2 above commission rates are the usual fringe benefits of the Real Estate Brokerage (Inserationskosten, postage expenses, travel expenses, draft contracts, etc.) have been paid with.
5 The commission is earned as soon as we arranged our presentation or because a
contract came. Contributed to this situation is enough. The commission is due and payable 8 days after invoicing.
first The commission claim remains even if the contract concluded by entry of a condition or void due to a cancellation of title, or for any other reason or purpose is not fulfilled.
second Our commission is not affected by the fact that the conclusion of the contract at a later date or under other conditions shall, if the contractual economic success does not differ materially from our offer.
third Unless due to our detection and / or mediation negotiation parties will enter into direct negotiations is to take our business relation. The content of the negotiations we voluntarily and without delay.
4th Information and Accountability / Liability The customer is obliged to inform immediately about afi contracting. This information is also obligation of any contracts with third parties, the object information have received directly or indirectly by the customer.
5th Commission rate directed to The value of commissions - from under 3 determinations made apart - in real estate transactions in accordance with the provisions of the MaBV and normal market conditions.
All commissions and fees do not include the day of payment applicable VAT.
6th Due date of the commission claim The commission is due and payable at the conclusion of the main contract for a ® A / D / H Consult business graduate Rainer Seiffert unaccounted for or obtained object. The same applies if afi in contract negotiations did not participate, for example, if the customer has obtained evidence to a third party and are concluding that the main contract. Due to the commission claim is also with the contract.
For commercial rental is paid to the commission and payable upon signing a lease, even if this is done through a subsidiary or affiliated company or a receiver connected to the supply company.
A subsequent purchase of the property by the tenant or lessee within 2 years after the contract required the parties to pay the usual commission already paid in consideration of a tenant or lessee fee.
7th Duty to inform / disseminate intelligence, reconnaissance and Responsibilities A / D / H Consult ® Diplom-Kaufmann Rainer Seiffert has to give the customer all the information that can be view for the customer's decision on the conclusion of the contract of significance from those. A / D / H Consult ® Master of Business Administration Rainer Seiffert is not obliged to conduct special investigations to obtain information. All information is intended solely for the customer and will be kept confidential. Without the approval of A / D / H Consult ® Master of Business Administration Rainer Seiffert, neither the offer nor the details of it are passed on to others. Should the Customer against this and it includes a third party a contract, the customer owes the commission as if that contract had even closed.
If a job has completed, the customer is obligated to A / D / H Consult ® Master of Business Administration Rainer Seiffert immediately.
8th Prior knowledge / overlap Should the customer have been prior knowledge of the property offered, the customer is obliged to A / D / H Consult ® Master of Business Administration Rainer Seiffert stating the source of information about this without delay in writing. Otherwise, the offer of A / D / H Consult ® Master of Business Administration Rainer Seiffert, in the case of an agreement, at least partly responsible for the success and also founded the obligation to pay commission to A / D / H Consult ® Master of Business Administration Rainer Seiffert.
If the customer will be the object at a later date provided by a third party, the customer is obliged to inform the third party to point out that he has already attained by A / D / H Consult ® Diplom-Kaufmann Rainer Seiffert prior knowledge. He has also rejected any other agency services of third parties in their own interest, otherwise the risk of being committed also to that other provider to the payment of a commission. Subsequent evidence
modified by third parties not alter the causality of that evidence.
9th Data storage, confidentiality The documents made available and are identified customer data electronically stored excessively, kept confidential and disclosed only to the eligible partner.
10th Writing, severability clause, participation contracts, the oral means of distance communication have been made with A / D / H Consult ® Master of Business Administration Rainer Seiffert always require written confirmation of A / D / H Consult ® Master of Business Administration Rainer Seiffert into connect power.
changes and additions are not effective also in writing. If any provision of the order or any provision of these Terms and Conditions be or become invalid, the remaining provisions shall remain unaffected.
In place of the ineffective regulation then the one that the whole purpose of the invalid provision comes closest.
11th Performance, jurisdiction and application of German law performance and jurisdiction, and for those contractors who have their residence and place of business abroad, is Aachen. For the execution of the contract is governed by German law.
General Conditions of Contract: the consultancy
preamble
These General Conditions of Contract are an integral part of the consulting or auditing.
In the event that any provision of the terms and conditions should be invalid, this shall not affect the validity of the remaining provisions.
The customer shall ensure that the organizational conditions fulfill the advisory or audit to his business premises and undisturbed to allow the rapid progress of the advisory or supportive review process works. The principal takes
that the consulting firm even without the special call, all the accomplishment and execution of the consulting or audit mandate necessary documents are submitted on time and its all events and circumstances is given relevant to the execution of the order of importance. This also applies to all documents, events and circumstances which become known during the performance of the consultant or auditor.
The customer shall ensure that its employees will be informed before the start of the consultancy work of this.
§ 1 Scope and extent
apply the terms of the contract if its application expressly agreed.
All counseling and testing orders and other agreements are only legally binding if confirmed by the client will commit only to the written and stated in the contract scope.
§ 2 Scope of the consulting contract
The scope of the consulting or audit mandate is agreed upon. The activities of the consulting firm is primarily an advisory role, ie a Auskunfserteilung on economic or technical circumstances and contexts.
The assessment of corporate effectiveness and efficiency and the decision on the entrepreneurial Implementation lie solely with the customer. The Consultancy is not liable for loss of the investment and other business activities, unless the business decision was made on the basis of a compensation consulting legally culpable failure on the part of management consulting.
§ 3 Provision of information / declaration of completeness
See preamble 4th
§ 4 Safeguarding of Independence
The parties commit themselves to mutual loyalty.
The parties mutually agree to take all precautions that are appropriate, the risks to independence to prevent the contracting parties.
§ 5 Reporting
The Consultancy agrees to report on their audit work to written reports.
The contractor and the consulting firm agree that for the consulting engagement or an audit engagement with progress of work agreed upon is deemed appropriate reporting.
the final report on audit engagements, the client receives in a reasonable time (2-4 weeks, depending on the type of test agreement) after completion of the order.
§ 6 Protection of intellectual property management consulting / copyright / usage
The client is obliged to ensure to ensure that the find in the course DERS advisory or audit engagements of the consulting firm, its employees and partners created proposals, reports, analysis, reports, organization charts, programs, specifications, designs, calculations, drawings, models and the like only for job purposes. In particular, the demand for payment and free transfer of professional statements of any kind of business advice to others more written consent. Liability of corporate advisory services to the third party is not justified.
The use of professional statements of management consulting for advertising purposes by the client is inadmissible. An infringement entitles the consulting firm to terminate without notice any not yet completed orders.
The company remains on its advisory services a copyright.
In view of the fact that the consultancy services are the intellectual property of the consulting firm, is the right to use the same even after payment of the fee for its own purposes of the client and only to the extent specified in the contract. Each was still passing, even in the course of a dissolution or bankruptcy of the company, but also the temporary provision for Reproduktionsszwecken results in compensation claims made against you.
§ 7 Correction of Deficiencies and ensure
The Consultancy is entitled and obligated to correct subsequently become known errors and deficiencies in their consulting services. It is obliged to inform the customer thereof without delay. The warranty is 3 months.
The client is entitled to free repairs of defects, provided these are to be represented by the consulting firm. This right will expire 6 months after the projects completion (final report) the consulting firm.
the client has the failures of the correction of any defects right to reduce or - if the job performance as a result of Faulty correction for the client to law is of no interest - the right of conversion. In the event of a warranty repair in any case has priority over reduction or change. Moreover, where claims for damages arise, the provisions of § 8
The burden of proof, ie, requiring the consultants to prove their innocence in the deficiency is excluded.
§ 8 Liability
The Consultancy and its staff in carrying out consultations and tests in accordance with generally accepted principles of professional practice. It is liable for damages only in the case that their intent or gross negligence shown may be within the framework of the law. This applies also to violation of obligations by associated professionals.
The Consultancy is not liable for damage caused by ordinary negligence.
liable for gross negligence, the consulting firm up to a sum equal to five times their question to the contract agreed fee (excluding Auslagenersätze), or until an amount of EUR 5,000. Of profit is only liable for intent.
of action for damages can only be within 6 months after, the manager or the claimant acquired knowledge of the damage, but no later than three years after the entitlement events are filed in court.
If the activity conducted by a third party to carry out, for example, a data processing company, a trustee, or a lawyer and notified the principal thereof, shall be deemed to be assigned according to the law and the terms of the third party to any warranty and liability claims against third parties as to the client .
§ 9 Obligation to secrecy
The management consultancy, its staff and any associated professionals agree on all matters of which they are known in connection with their work for the client, to disclose to preserve. This obligation is on both the client and its business relations.
Only the client himself, not his agents, can release the consulting firm in writing of this confidentiality.
The management consultants must hand over reports, expert opinions and other written statements about the results of their work to third parties only with the consent of the client.
The secrecy of the consultant, its employees and any associated professionals is also valid for the period after termination of the contract. The exceptions are cases in which there is a legal obligation to provide information. The
Consulting Services is authorized to process personal data in the context of the purpose of the consultancy order to process or have processed by third parties. The management consultants ensured in accordance with the Data Protection Act, the obligation to maintain data confidentiality. The consulting firm of any material (media, data, control numbers, analysis, programs, etc.) And all the results from the execution of the works are generally returned to the client.
§ 10 claim fee has
The Consultancy consideration of the performance of its consulting and audit services is entitled to payment of a reasonable fee by the client.
is preventing the execution of the contract after the contract is signed by the client (eg because of cancellation), is the consulting firm however this fee.
If completion of the contract by circumstances which constitute on the part of management consulting is an important reason, it is only entitled to the ihrerr services to that part of the fee. This is especially true if usable despite cancellation, the client, his record is.
The Consultancy can make the completion of their performance on the complete satisfaction of their fee claims. The Complaints about the work entitled the consultants, except for obvious defects, not to withhold payments due to it
§ 11 Amount of Fee
The fee amount is based on the written agreement of the customer with the consulting firm.
§ 12 Applicable law, place, jurisdiction
for the order, its execution and the resulting claims are subject only to German law.
performance is the location of the establishment of professional management consulting.
of disputes, the court in the Unternehmensort the consulting firm responsible.
