§ 1 Ambit
Only the following standard business conditions for offers, deliveries and other services are valid. Alternative conditions and demands of the client are not acceptable, unless accepted by GEO-NET in written and signed form. GEO-NET reserves the right to alter these standard business conditions at any time, with respect to cancellation deadlines. All offers, deliveries and other services are provided according to the valid standard business conditions on the day of order.
§ 2 Offer and Signature of Contract
All offers are noncommittal. We reserve the right for small deviations and technical alterations. Should in general further applications not be required and / or accepted by the client the service will be reduced to the agreed, taking into account an eventual loss of precision and applicability of the results. All offers and other services loose their validity with the replacement with a newer offer. Order placement has to be in written form (also Fax and email). In case of oral placement of order, communication losses are at charge of the client. The contract is valid after a written acceptance of the placement of order from our side.
§ 3 Prices
Valid are the prices given in the offer. Our prices are valid exclusively according to German tax laws. The amount of tax is indicated separately on the bill.
If services are paid by scope of time, the hourly wages defined at the beginning of the year apply.
§ 4 Payment Conditions
In case no other agreement has been made, 30% are paid with order placement and 70% with the delivery of the services. All bills are, if not differently agreed, to be paid within 14 days after the date of the bill without discounts. The payment only counts after complete transfer and availability of the amount. In case of delay of payment we reserve the right of further charges – taxes of 5% above the tax index of the European Central Bank, at least 7% in total. The client has no right to refuse payments for services provided. He can only count on demands that are legally correct or accepted from our side.
§ 5 Delivery Terms
Information concerning delivery date are related to the conditions of the order, form our side noncommittal and represent an estimation of duration for the elaboration of the service only. In case of non compliance of the delivery terms due to strikes, fire or other cases of force majeure the delivery terms are extended by the time the event took place. In all other cases of non compliance the client has the right the resign from the contract. Prerequisite to resign from the contract by the client is a written deadline four weeks in advance. If the reason for non compliance is the non ability of GEO-NET or our sub-suppliers, both parties have the right to resign in case the delivery date is exceeded by more than 3 months. Liquidated damages for untimely performance or non compliance, which occurred until the termination of the contract remain unaffected. If for a rapid elaboration of the service, we reserve the right to deliver partial services. If the works are not concluded due to reasons that are not within the responsibility of GEO-NET, the works will be stopped and the respective costs will be paid by the client.
§ 6 Acceptance, Dispatch, Transmission of Hazard
The client is obliged to accept the assessment and or contractually agreed service. The client is further obliged to check our service and put into use immediately and declare the acceptance in written form. In case the client does not declare acceptance within 14 days after dispatch or 7 days after termination of the quality check time span respectively acceptance is automatically given. The service to be provided are the final results and documents of the works. Preliminary results can be provided at demand without further charge. Dispatch of the service is agreed at location of elaboration. All hazards are automatically transmitted to the client with the dispatch of the service.
§ 7 Use of Product, Ownership
The calculations, reports and / or results remain until full payment the property of GEO-NET. After full payment they may be used by the client for the aim of prospecting, for entities needed for the acquisition of permissions as well as for financing entities. The publication or duplication and dissemination of the report or results to third parties requires the written consent of GEO-NET
§ 8 Warranty, Liability
Eventual deficiencies must be at the time of taking over be communicated by the client immediately to GEO-NET in written form. Warranty demands due to obvious deficiencies cease if the client does not make these demands within one week.
Provided that this expertise is based on data provided by the client or third parties GEO-NET shall not be liable for the correctness, currency and / or completeness of these data. The same applies for the acquisition of rights with regard to these data. The client shall indemnify GEO-NET against liability in this respect.
A misinterpretation or error in the calculated or simulated annual energy production (AEP) as a result of an error in the mean wind statistics cannot be excluded, since the long-term mean wind conditions might be subject to unpredictable influences and fluctuations. GEO-NET therefore does not assume any guarantee for the results.
The liability of GEO-NET for the correctness of the results is excluded. This shall not apply in case of intent, gross negligence, as well as injuries to life, body, and health.
§ 9 Saving / Storage of Data
All necessary data needed for the elaboration of the services are applied and stored in digital format. Received personal data, information and material are of course most confidentially treated and will not be passed to any third parties.
§ 10 Location of Compliance, Court
Location of compliance and court is the location of our office. Only German Law applies.
§ 11 Final Determination
Legal rights of the BGB (Bürgerliches Gesetzbuch) apply for the contract. Should any of the definitions of this agreement not be valid, this does not affect all other definitions. Furthermore in case of a non effective definition there will be a similar replacement definition, which would have been agreed by both parties considering the same economic interest and result as if they would have know the non effectiveness of the initial definition. The same applies for incomplete definitions respectively.