Terms & Conditions
General Terms and Conditions
§1. Validity
The preparation of the expert report by the contractor (AN) for the client (AG) is based exclusively on these terms and conditions. Deviating terms and conditions of the AG only become part of the contract if the AN acknowledges them in writing.
§2. Commissioning
The order for the preparation of the expert report should generally be given in writing; orders placed and accepted orally, by telephone or via other telecommunications technologies are also considered binding. The AG must provide the AN with all documents and information required for the proper preparation of the expert report free of charge and without special request. In particular, the AG must explain the extent and scope of the damage as comprehensively and truthfully as possible to enable proper damage assessment. Old and previous damages must be named or identified by the AG. Disadvantages arising from incorrect information or concealment of facts by the AG or due to delayed or non-receipt of documents shall not be borne by the AN. The expert must be informed in a timely manner and without special request of all processes and circumstances that are recognizably relevant for the preparation of the expert report. The expert can only guarantee a specific success, in particular a result desired by the AG, within the framework of objective and impartial application of his expertise.
§3. Power of Attorney
The AG authorizes the AN to make all determinations, investigations and services that appear necessary and expedient to him with and towards authorities, companies and third parties.
§4. Payment Terms
The expert fee becomes immediately due upon collection of the expert report at the expert's office. For non-cash payment, the expert report / invoice number must be stated. After unsuccessful reminder, court dunning proceedings may be initiated or legal action may be taken without further notice.
§5. Expert Fee
For damage reports, the expert fee is calculated based on the damage amount. The AN's fee schedule can be viewed at the AN's office. In the case of repairs, the stated repair costs including VAT plus a reduction in value are decisive as the damage amount. In the case of total loss, the replacement value of the vehicle immediately before the damage event is the basis for calculation.
§6. Invoice Review/Re-inspection
Invoice review reports and re-inspections are generally considered new orders and are billed at 25% of the fee resulting from the fee schedule.
§7. Expert Report Preparation
Unless otherwise agreed, the AG receives the expert report in duplicate, consisting of an original with an original photo set and a duplicate with a photo set. Another copy and the photo negative set or the image files remain with the AN. The expert report can also be sent electronically by agreement.
§8. Expert Report Dispatch
The dispatch of the expert report to the AG or, at the AG's request, to third parties is at the AG's risk.
§9. Copyright Protection
The expert retains copyright to the services he has provided, insofar as they are subject to copyright. To this extent, the client may only use the expert report prepared within the scope of the order with all lists, calculations and other details for the purpose for which it is intended according to the agreement. Any further transfer of the expert report to third parties, any other type of use or any text change or abbreviation is only permitted to the AG with the consent of the expert. Publication of the expert report requires the consent of the expert in any case; reproductions are only permitted within the scope of the purpose of use of the expert report.
§10. Liability
The AN is obliged to carry out the assigned order to the best of his knowledge and belief. If no rectification is requested within one month of receipt of the expert report, liability is excluded if the defects are obvious or the AG is an entrepreneur. Liability including consequential damages and liability towards third parties is limited to intent and gross negligence, unless it concerns injury to life, body or health. Claims for damages that are not subject to the short limitation period of § 638 BGB expire after 3 years. The limitation period begins when the expert report is received by the AG.
§11. Applicable Law
These terms and conditions and all legal relations between AG and AN are governed by the law of the Federal Republic of Germany.
§12. Jurisdiction/Final Provision
The place of jurisdiction for merchants is Burgdorf. Should a provision in these terms and conditions or a provision within the framework of other agreements be or become invalid, the validity of all other provisions or agreements shall not be affected.
Burgdorf, January 1st, 2009