General Terms and Conditions

The legal framework for the use of our services.

1. Scope and Contracting Parties

These General Terms and Conditions (GTC) govern the contractual relationship between Mercury Masters GmbH (hereinafter "Provider") with its registered office at Jahnstr. 9/8 and the users (hereinafter "Customers") of the services offered on mercurymasters.com.

The Provider renders services in the field of technical consulting, training, and project support, which require a high degree of expertise and specialization.

2. Service Description and Qualification

The specific services are derived from the respective individual agreement (offer, order confirmation). The Provider undertakes to perform the agreed services with due care, the necessary expertise, and appropriate professional qualification.

  • The services include consulting, conceptualization, training, and technical support.
  • The services are performed by qualified personnel with appropriate training and practical experience.
  • The scope of services is contractually defined on a case-by-case basis. No blanket statements are made regarding the success or outcome of the service.

3. Duties and Cooperation of the Customer

The Customer is obliged to provide all information, documents, and access necessary for the fulfillment of the contract completely and in a timely manner.

3.1. Duty to Provide Information

The Customer ensures that all information and data provided are correct and complete. Incomplete or incorrect information may impair the quality and timeframe of service delivery.

3.2. Duty to Decide and Approve

The Customer appoints a responsible contact person who is authorized to make necessary decisions and approve interim results. Delays caused by the Customer may lead to corresponding adjustments in the project schedule.

4. Remuneration and Payment Terms

The remuneration is based on the agreed scope of services and the agreed type of remuneration (hourly rate, flat rate, etc.). All prices are plus statutory value-added tax.

  • Invoices are payable within 14 days of the invoice date without deduction.
  • In the event of the Customer's default of payment, default interest at the statutory rate will be charged.
  • The Provider reserves the right to suspend the provision of further services in the event of outstanding payments.

5. Limitation of Liability

The liability of the Provider is limited to intent and gross negligence. In the case of simple negligence, liability is limited to the typically foreseeable damage, but at most to the amount of the remuneration agreed for the respective order.

Liability for indirect damages, lost profits, or data loss is excluded to the extent permitted by law. This limitation of liability does not apply in the event of a breach of essential contractual obligations (cardinal duties), claims under product liability law, or damages resulting from injury to life, body, or health.

6. Contract Duration and Termination

The contract duration results from the respective agreement. Continuing obligations can be terminated by either party with a notice period of four weeks to the end of the month.

The right to terminate without notice for good cause remains unaffected for both contracting parties. Good cause exists in particular if the other party breaches essential contractual obligations despite a warning or is in significant payment default.

7. Final Provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for all disputes arising from this contractual relationship is, to the extent legally permissible, the registered office of the Provider.

The Provider reserves the right to amend these GTC with effect for the future. The amended terms will be communicated to the Customer by email to the stored address. They are deemed approved if the Customer does not object within four weeks of receipt of the notification. This legal consequence is specifically pointed out in the amendment notification.

7.1. Contact for Legal Questions

Questions regarding these terms should be directed to: Mercury Masters GmbH, Jahnstr. 9/8, Email: info@mercurymasters.com, Phone: (0421) 489 6275.

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