The following "General Terms of Business" will apply to all work assignments by Ingenieurbüro für Telekommunikation, Frank Weisser unless they are specifically varied by any further proposal or by any agreed amendments.
All work undertaken by Ingenieurbüro für Telekommunikation, Frank Weisser (hereafter "IfT") is performed under the conditions stated herein. Variations of these terms will only be accepted with the explicit agreement of both parties in writing.
All phases of the project that are quoted in currencies that are not EUR (EURO), will be converted to, billed in EUR (EURO) based on the current conversion rate on the day of the invoice.
IfT's professional fees for this assignment will be EUR 900 or approx. US$ 1150 per man/day, or prorata for part thereof.
Upon commencement of the assignment, IfT will require a purchase order that reflects the above services and amount of compensation for the project. An initial deposit may be required prior to work, and will be stated in the proposal. The deposit will be held until the last invoice, at which time it will be returned. Invoices will be forwarded monthly, and are payable net 30 days from date of invoice.
Travel expenses, copying cost, email, telephone and facsimile transmission costs, shipping fees, and the cost of technical specifications are not covered by the daily rate and will be charged as per our 'Bill of Costs'.
The estimate of charges and related expenses for the work undertaken by IfT, will remain valid for 30 days from date of submission of a proposal to carry out work. The proposal is not to be construed as an offer to perform the work within a fixed time or at a fixed price unless it be specifically so stated. Upon formal acceptance IfT will devote its best endeavors to carry out the work as agreed.
All information by IfT including recommendations, forecasts, surveys, and advice in any report, letter, presentation or conversation will be in good faith and will be based on the best information available to IfT.
The performance of IfT in carrying out any work will depend, among other things, on the effective cooperation of the client and the staff of the client. Further, if a client is to obtain the best results from IfT, then recommendations of IfT should be acted upon in a timely manner.
The fees charged by IfT for professional services cover all consultant time spent, whether at the premises of the client or elsewhere. A complete day of work will consist of eight hours, unless otherwise agreed. Fees will be charged on a prorata basis for any part of a day worked. The client will fully reimburse all expenses necessarily and properly incurred in connection with the provision of services under the work. However, such expenses will not exceed the amount estimated in the proposal without prior agreement.
All charges and expenses are to be invoiced monthly as incurred and are payable Net 30 days to the account stated on the invoice free of bank charges. IfT reserves the right to charge interest at a rate of 0.4% per week on overdue amounts.
The right to adjust consultancy fees in the light of current operating costs is reserved. One month's notice of change in fees will be given.
Any or all work may be terminated upon four weeks written notice by either party, or within lesser time if it is reasonably possible to conclude the work currently in hand or if payment for work already completed has not been made by the 30th day after invoice.
IfT shall not be liable for any losses incurred by the client which are not reasonably foreseeable at the time of acceptance of the proposal for work.
All confidential information developed by or provided to IfT during the work will be safe guarded in accordance with established professional standards even when a formal confidentiality undertaking has not been signed by the parties. If a client wishes the existence of any work to be treated as confidential, then it must be explicitly stated in the acceptance of a proposal.
Should it be necessary during the course of the work for any additional or supplementary work to be undertaken, then no expenditure will be incurred prior to explicit agreement by both parties. Any change in any of the terms of the agreement shall be as agreed by authorized representatives of both parties in writing.
In the normal course of events IfT will have carried out significant research in the field of work undertaken prior to any agreement. Such information as gained, enables IfT to be more effective in tasks for current and future clients. Accordingly, IfT reserves its rights to any work completed prior to, during, or after commencement of work for a client.
The client shall not entice away any member of the staff of IfT to undertake work of a nature similar to that being carried out by IfT for the client without the prior agreement of IfT.
IfT reserves the right to use the clients name and Logo in its published client list.
Acceptance of these terms will constitute an agreement made in the Republic of Germany, under the laws of Germany enforceable in Germany.
The maximum liability of IfT, in any case, is the consultancy fee already received by IfT.