Terms (AGB)
These terms govern consulting, engineering and test-related services (template — please have them legally reviewed).
1. Scope
These terms apply to all present and future services provided by Nils Flagmeier / flagmeier.engineering (“Provider”) to business customers within the meaning of § 14 of the German Civil Code (BGB) (“Client”), unless expressly agreed otherwise in writing.
2. Subject matter and description of services
Services may include in particular consulting, engineering, test planning and validation work relating to high-voltage battery systems and related topics. The exact scope of services is defined in the offer, order confirmation, statement of work or comparable agreement.
3. Offers and conclusion of contract
Offers are non-binding unless expressly marked as binding. A contract is formed by written or text-based order confirmation by the Provider or by commencement of performance by the Provider.
4. Client cooperation duties
The Client shall provide in good time all information, access and work products required for performance. Delays due to failure to cooperate may result in rescheduled deadlines and reasonable adjustment of remuneration.
5. Remuneration and payment terms
Unless otherwise agreed, billing is on a time-and-materials basis at the agreed rates or as a fixed price per offer. Invoices are payable within 14 days of the invoice date without deduction unless otherwise agreed.
6. Deadlines
Deadlines are binding only if expressly agreed as binding. Force majeure and other circumstances not attributable to the Provider extend deadlines appropriately.
7. Place of performance and distance contracts
Services may be performed on the Client’s premises, remotely or in a hybrid model. The agreed delivery model applies; travel and ancillary costs are invoiced separately if agreed.
8. Intellectual property
Preliminary work, methodologies and general know-how of the Provider remain with the Provider. The Client is granted a simple right of use in specific work products created under the contract unless otherwise agreed.
9. Confidentiality
Both parties shall treat confidential information strictly confidentially and use it solely for contract performance.
10. Liability
The Provider is liable without limitation for intent and gross negligence and for injury to life, body or health. In case of simple negligence the Provider is liable only for breach of essential contractual obligations (cardinal duties); in that case liability is limited to foreseeable, typical contract damage. Liability for slightly negligent breaches of non-essential duties is excluded. Mandatory statutory liability remains unaffected.
11. Changes to these terms
Changes to these terms will be communicated to the Client; if the Client does not object within four weeks, they are deemed accepted provided the Client has been expressly informed of this consequence.
12. Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction is the Provider’s registered office if the Client is a merchant, legal entity under public law or special fund under public law, unless a mandatory place of jurisdiction applies.
13. Severability
If individual provisions are invalid, the validity of the remaining provisions shall not be affected.