We, the FISCHER PLUS GROUP, Prinzregentenstraße 54, 80538 Munich, Germany, hereinafter referred to as “FPG”, offer our services exclusively on the basis of these terms and conditions, which are provided to you in full prior to the order, insofar as no overriding individual contractual agreements have been made with the contractual partner in writing. Please read them carefully, as by placing your order you accept the Terms and Conditions as binding for you and the (legal) persons and companies you represent in their entirety, both for the current order and for future orders, offers, confirmations and related declarations and services of FPG.
1.1 The contract between FPG and the Customer must be in writing. If the contract lacks this form, it shall be deemed void and shall only be concluded by written confirmation by FPG. The content of FPG’s offer or the content of the written confirmation shall be decisive for the content of the contract, unless the Customer immediately objects to it in writing.
1.2 The personnel to be deployed in the performance of its contractual obligations shall be freely selected exclusively by FPG in accordance with the requirements of the order, unless the Customer immediately objects to the selection made. The Customer is obligated to promptly request FPG to make a new selection. The Customer is informed and agrees that FPG may engage subcontractors and cannot be held responsible for their activities. If materials (such as counters, roll ups, clothing and the like) are used for the implementation of promotions, the Customer is informed that no liability can be assumed by FPG for damage that may occur due to shipments or use on site.
1.3 Third parties are not entitled to make any deviating promises or agreements without the written confirmation of FPG, unless they are authorized to do so.
1.4 If the requirements for the order change after the conclusion of the contract and an adjustment of the contractually agreed services is necessary, the Customer shall notify FPG thereof without undue delay. This applies in particular to the requirements profile of the personnel to be deployed.
1.5 FPG shall be permitted to make changes to and deviations from individual contractual services that become necessary after the conclusion of the contract and that have not been brought about by FPG in bad faith, provided that the changes and deviations are not substantial and do not affect the overall nature of the order and that the changes and deviations are reasonable for the Customer; the Customer shall be notified of the changes and deviations without delay.
2.1 FPG owes exclusively the contractually agreed services, but not a specific result or the success of an action. The contractual performance owed by FPG consists exclusively of the (service) performances listed in the contract or in the confirmation. FPG’s obligation to perform shall not include, without prejudice to any obligations to provide information, advice or due diligence that may exist in this respect, all circumstances that are not directly related to the contractual services.
2.2 The remuneration to be paid to FPG as well as other costs and expenses result from the contract or the confirmation and are to be settled exclusively by FPG. Price changes are possible during the execution of an individual order only if the requirements change. This does not apply to price changes within a period of four months after conclusion of the contract.
2.3 The remuneration payable on the basis of the invoice as well as other costs and expenses shall be due 30 days after invoicing. FPG shall be entitled to demand a reasonable down payment upon conclusion of the contract, taking into account the value of the order.
3.1. The Customer undertakes to sign off on the activity records of the personnel deployed submitted to it during or after completion of the order or, if a signature is refused, to notify FPG without delay of the relevant reasons for this.
3.2 A detailed individual accounting of the agreed travel times, breaks, training times, km-money etc. is not economically reasonable due to many individual items and the associated administrative effort and therefore not owed by FPG.
4.1 If the order as a whole or individual items are cancelled before completion of the order, all work incurred up to the cancellation shall be invoiced on an hourly basis. FPG’s internal hourly rate is €75.00 net.
4.2 If the Customer cancels booked personnel before the start of the campaign without there being an important reason for the cancellation for which FPG is responsible, FPG shall be entitled to the following percentages of the total order value plus VAT as compensation for the lost profit and the damage incurred, depending on the time of the cancellation. VAT at:
Any third-party costs incurred for services already rendered or third-party cancellation costs shall additionally be reimbursed in full. FPG reserves the right to claim further damages. The client reserves the right to prove that lower or no damages were incurred.
In addition to the GTC’s of FISCHER PLUS GROUP, the parties agree on the following: In case of cancellation of the services by the customer due to increasing numbers of infections or other reasons that can be traced back to the Covid 19 pandemic, the customer shall in any case reimburse the service provider for the proven costs of the personnel booked by the service provider for the deployment at the customer’s premises. These costs amount to 80% of the fee of the booked personnel in case of cancellation. The Parties agree that there is no alternative solution with respect to these costs and that mitigation is not possible for the Service Provider.”
FPG reserves the right not to execute the order due to imminent insolvency or insolvency of the Customer or in case of non-agreed payment, whereby this does not release the Customer from his obligation to pay.
6.1 FPG’s liability for damages to the Customer as well as for service disruptions in connection with services that are merely brokered as third-party services or are expressly designated as third-party services is excluded.
6.2 Claims of the Customer, who is not a consumer, against FPG shall become statute-barred after one year from the date of knowledge or grossly negligent ignorance of the circumstances giving rise to the claim and of the person of the debtor.
6.3 6.1 and 6.2 shall not apply to claims for damages arising from injury to life, limb or health and for other damages due to intent or gross negligence and for damages due to the breach of material contractual obligations. An essential contractual obligation in the aforementioned sense is one whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely. FPG’s liability in the event of a breach of material contractual obligations shall be limited to the damage typically occurring and foreseeable at the time of the conclusion of the contract, but no more than the amount of the order value.
7.1 The Customer shall only be permitted to set off undisputed or legally established claims.
7.2 The assignment of claims against FPG to third parties, irrespective of the legal grounds, is excluded. Likewise, the judicial assertion of assigned claims is excluded.
The personnel deployed by FPG may not be commissioned, employed or placed with third parties by the Client for a period of 18 months after the end of the deployment with the Client. A contractual penalty of 3,000 euros is payable for each case of infringement. Further claims for damages remain unaffected by this.
FPG is entitled to use all documentation recorded during the execution of the order, including images and film material, without restriction for its own advertising and presentation purposes. These include in particular registered trademarks, licenses, logos and products of the client.
10.1. The domicile of the customer shall be decisive for legal actions of FPG against the customer, unless the action is directed against registered traders or persons who have moved their domicile or usual place of residence abroad after conclusion of the contract or whose domicile or usual place of residence is not known at the time the action is filed. In such cases, the court having jurisdiction over the head office of the FPG shall have jurisdiction. However, FPG shall also be entitled to bring an action before the courts having jurisdiction over the principal place of business of the Customer.
10.2. All legal disputes arising from or in connection with this contract shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
11.1 FPG shall be entitled to sell and transfer its rights under this contract or the right to assert such claims to third parties.
11.2 There are no verbal ancillary agreements. Additions and amendments to this contract must be made in writing to be legally effective.
11.3. Should any of the above provisions be or become invalid, the remaining provisions shall nevertheless remain valid. The validity of the contract as a whole remains unaffected. The parties undertake to replace the invalid provision with an agreement that comes as close as possible to the invalid provision in terms of interests and significance. The same shall apply in the event that the provisions of this Agreement contain a loophole not intended by the contracting parties.
FISCHER PLUS GROUP