Terms and Conditions

Terms and Conditions (T&C)

§1 General
(1) The following Terms and Conditions (T&C) apply to all contracts you enter into with IFSB GmbH (hereinafter referred to as "IFSB").
(2) Deviating or conflicting business, contractual, and/or purchasing conditions will not be recognized, even if their applicability is not explicitly objected to.
(3) Agreements deviating from these T&C require written consent from the engineering office IFSB.
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§2 Rights and Obligations
(1) The contractor is obligated to perform their contractual services in accordance with the recognized rules of technology, the principles of economic efficiency, and applicable public legal provisions. As part of the agreed services, they must inform the client, where necessary, about all essential matters related to the performance of their tasks.
(2) The client is obligated to support the planning and execution of the construction task. Necessary permits and rights for the performance of services must be provided or made available to the contractor in a timely manner, ensuring that the execution of the contract by IFSB is guaranteed. The client is further obligated to grant the engineer the necessary access to all documents related to the contractual services and their remuneration. The contractor will assist the client in obtaining the necessary permits and rights for the execution of services, but is not obligated to do so.
3) The client shall provide the contractor with project-related documents in digital form in a timely manner before the work begins for review and preparation. Marking work and preparatory tasks are performed once. If the markings are damaged or removed during construction, the repeated marking services will be compensated according to the effort required. For efficient deployment of the measuring team, precise scheduling will be made to avoid unnecessary waiting times for our personnel.
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§3 Services
(1) IFSB performs its services independently and responsibly and is not subject to any instructions from the client when providing its services.(2) IFSB commits to performing the contractually agreed services with due care and in accordance with the principles of proper professional practice. IFSB is entitled to have contractual obligations fulfilled by third parties.
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§4 Obligation to Cooperate
(1) The client shall provide IFSB with all necessary information and documents required for the execution of the contract, ensuring that they are complete and accurate. IFSB is not obligated to verify the accuracy and completeness of the provided information.
(2) The client must promptly review the performance records provided to them regarding their scope and content.
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§5 Compensation
(1) If individual tasks are repeated or if the client requires services beyond those listed in the offer, these shall be compensated separately.
(2) If a fixed fee has been agreed for the services of IFSB, the compensation will be based on the agreement made. However, IFSB may request an adjustment to the fee if the circumstances for the performance of the agreed services have changed to such an extent that it would be unreasonable for IFSB to adhere to the agreed fixed fee (§ 242 BGB). In this case, a new fee shall be agreed that reflects the changed service requirements.
(3) If the time for executing the contract is delayed due to reasons not attributable to IFSB, IFSB may request reimbursement for the documented additional effort for the period of delay beyond the contractually agreed or generally expected completion time for such construction or planning projects. Further claims by IFSB under general law remain unaffected. If execution or completion deadlines have been agreed between the parties, the respective deadline will be extended by the time of the delay not attributable to IFSB.
(4) The client shall make advance payments upon request from IFSB, based on the current status of the services rendered.
(5) A final invoice will be issued after all services have been completed and marked as such.
(6) The invoices are payable within 14 days of the invoice date without deduction. The relevant date is the receipt of payment. Offsetting or the assertion of a right of retention against IFSB's fee claim is only permitted with an undisputed or legally established claim.
(7) All prices stated in the offer are net prices and are exclusive of statutory VAT.

§6 Liability, Warranty
(1) Liability or warranty for the work performed is provided within the scope of statutory warranty provisions. Claims related to injury to life, body, or health are not subject to any limitation of liability.(2) The contracting parties are liable to each other according to the statutory provisions. However, the following limitations apply to damages caused by IFSB: If the client's damage is based on a breach of duty by IFSB and simultaneously on a defect in the performance of a third-party contractor ("Third Party"), the client is, upon request, initially obligated to claim compensation or rectification of the defect from the third party. IFSB is required to provide the client with all necessary information to enforce any claims against the third party and to assist in legal actions. Under these conditions, IFSB may refuse compensation until it is credibly demonstrated that the client cannot reasonably satisfy their claims against the third party.Upon the assignment of the contract, IFSB provides proof of liability insurance. If this insurance is liable for damages arising from the client's claims, the client must give IFSB the opportunity to have the damage compensated by the insurance. The client is specifically obligated not to obstruct the establishment and realization of IFSB's insurance claims.If a breach of duty by IFSB leads to damage to a structure, IFSB's liability is limited to the directly related damages, provided it is demonstrated that the damage is only due to slight negligence or the damage is not related to a contractual duty essential for the purpose of the contract ("Cardinal Duty") and that the damage is not covered by insurance or was not required to be covered under the parties' contractual agreement.If IFSB has only partially fulfilled its overall contractual obligations (§ 281 Abs. 1 S. 2 BGB), the client may not demand compensation instead of the entire performance if it is assumed that the partial performance provided has been used appropriately or the client's interest in the full performance has not been lost.

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§7 References
Upon successful completion of the project, the client also grants permission to be listed as a reference customer.
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§8 Final Provisions
(1) If any provision of this contract is invalid, the validity of the remaining provisions will not be affected. The parties agree to replace the invalid provision with a valid one that closely reflects the intended purpose of the invalid provision.(2) The contract may be terminated by either party before the agreed performance is rendered only for a valid reason. If it is terminated for a reason attributable to IFSB, IFSB is entitled to a fee only for the services rendered up until the termination. In all other cases, IFSB retains the right to the agreed fee, less any savings on expenses. These savings will be agreed upon as 50% of the fee for the services not yet performed.(3) The above conditions and any additional written agreements made at the time of the contract conclusion are complete and replace all previous oral and written agreements. The legal invalidity of individual provisions does not affect the binding nature of the rest of the contract. The parties are required to replace any invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the economic result of the invalid or unenforceable provision. Changes or additions to the above conditions and any additional agreements made at the time of the contract conclusion must also be made in writing.(4) The contractor is entitled to use the data exchanged in connection with the execution of the contract for further product optimization. The contractor ensures that the data will not be made accessible to third parties.
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IFSB GmbH
Steinfeldstraße 3
D-39179 Barleben

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