Terms of use

Terms of Use

The following stipulation is legally binding only in its original, German form. The English information below acts merely as a translation.


I. Scope

  1. The following General Terms and Conditions (GTC) are part of all contracts/orders, in particular consulting, seminar, auditing, underwriting, product development, product design, insurance contract processing, claims processing or expert opinion orders that GtE GmbH Gesellschaft Technischer (hereinafter called GtE), takes over. This also applies to contracts brokered by GtE to a third party.
  2. Deviating terms and conditions of the client are hereby contradicted. The client's terms and conditions are only included in the order/contract if and to the extent that this is expressly recognized in writing by a managing director of GtE.


II. Subject of performance / time of performance

  1. All agreements made between the customer and GtE in connection with the order are laid down in a written contract, a written order confirmation or these terms and conditions from GtE. The subject of the contract is basically the consulting, testing, product design, product development, underwriting, insurance contract processing or expert opinion service etc. described in more detail in the order. The provisions made there take precedence over the present General Terms and Conditions. A specific economic or other success is expressly not owed. In particular, all advice, information, reports, concepts, contractual policies or statements made by GtE as part of the execution of the contract are exclusively suggestions to the client. These suggestions are intended to improve the assessed risk, claims management, insurance products/policies and customer knowledge, without it being possible to guarantee or ensure increased security when implementing individual or all recommendations.
  2. The client is aware that only the documents, objects, facilities and networks etc. made accessible by him will be assessed. The GtE does not have to take into account documents, objects, facilities, networks, etc. that are not submitted or accessible.
  3. In coordination with the client, GtE is entitled to commission expert external consultants on behalf of the client to carry out the order. Their performance is not part of GtE's contractual obligations. Claims of any kind resulting from this assignment arise exclusively between the client and the third party commissioned by GtE.
  4. If GtE's order is to mediate the conclusion of a contract, the contractual partner to be selected will be selected to the best of our knowledge and belief. Its performance or willingness to perform is also not part of GtE's contractual obligations.
  5. If GtE's order is to take over the claims processing for the client, GtE acts towards the respective contractual partner from the insurance contract relationship exclusively on behalf of the client and not in its own name.
  6. Performance times or deadlines that have not been expressly agreed as binding are exclusively non-binding information. If GtE is culpably unable to meet an expressly agreed deadline or is in default for other reasons, the customer must grant GtE a reasonable grace period. After this period of grace has expired without result, the client is entitled to withdraw from the contract.


III. Obligations of the client

  1. The customer shall provide GtE with all information and documents that could be important for the execution of the order in good time without being specifically requested to do so. In particular, the customer provides access at any time during normal business hours to the objects, facilities, networks, etc. required for the execution of the contract. At the request of GtE, the customer immediately provides competent employees who are authorized to make independent decisions on behalf of the customer. GtE has the right to reject an employee made available at any time and to demand an immediate replacement.
  2. GtE must assume that the data, papers, documentation, contracts, devices, etc. provided by the contractor for the execution of the order are correct and complete. Checking the correctness, completeness and regularity of the numbers, documents and documentation provided and the objects provided is only part of the service if this has been expressly agreed in writing or if the obligation to check arises from the nature of the order.
  3. Insofar as GtE takes over the processing of claims for the client in accordance with Section II. 5 and the respective contractual partner from the insurance contract raises claims against GtE for whatever legal reason, the client indemnifies GtE from these claims and assumes the costs of legal defense of GtE.


IV. Compensation / offsetting

  1. The remuneration is due for immediate payment upon receipt of the invoice. If receipt of the invoice is uncertain, payment is due upon completion of the work by GtE. Discount is not considered agreed.
  2. Billing is based on the applicable fee table, the agreed fixed price, hourly rate or daily rate plus the applicable statutory VAT. The agreed remuneration is to be agreed in writing by contract or order confirmation. Oral ancillary agreements or changes are deemed not to have been made between the contracting parties. Travel times and travel costs and other subsistence costs will be charged additionally unless otherwise agreed in writing. The client can request the currently applicable table of fees for inspection at any time. In the event of disputes about the settlement of the remuneration, at least the remuneration and settlement rates in the GtE fee table valid at the time the contract was concluded shall apply.
  3. GtE can only change the rates of remuneration for services and expenses communicated to the customer 12 months after signing the contract. GtE will inform the customer in writing of the changes. Until the notification of the change, billing is to be based on the rates applicable up to that point. The change is made to compensate for the increased personnel costs and other costs.
  4. The customer is also in default without a reminder if he does not pay the remuneration within 30 days after the due date and receipt of the invoice or equivalent payment schedule. If the customer is in default, GtE is entitled to demand interest of 8% above the respective base interest rate of the European Central Bank (ECB) from the relevant point in time. GtE reserves the right to prove higher damage.
  5. The client can only offset if his counterclaim is undisputed or has been legally established. The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contract/order.


V. Liability or reimbursement of expenses of the customer

  1. If the contract is not carried out due to circumstances for which the customer is responsible, GtE is at least entitled to a flat-rate reimbursement of the entire fee agreed for the order, insofar as a flat-rate fee or fixed price has been agreed, plus all expenses incurred up to that point. The client is at liberty to prove that GtE's actual expenses were significantly lower.
  2. If the remuneration of the order has been agreed on the basis of an hourly or daily flat rate or a table of fees, the customer must at least reimburse the actual service expenditure and all expenses incurred up to that point.
  3. In principle, GtE is entitled, instead of the claims pursuant to Section V.1. and V.2. to demand a lump-sum compensation of 10% of the order value. The client is free to prove that no damage has occurred at all or that it is significantly lower than the flat rate.


VI. warranty

Insofar as GtE is obliged to provide a warranty due to a defect in the service, the client can initially only demand the right to rectification. The customer can only claim a reduction in price or withdraw from the contract after at least two failures to rectify the defect within a reasonable period of time.


VII. Liability

  1. GtE is liable for damages based on intentional or grossly negligent breaches of duty as well as fraudulent intent on the part of GtE, its legal representatives or vicarious agents. Insofar as no intentional breach of duty can be proven to GtE, liability is limited to the foreseeable, typically occurring damage. Liability for culpable injury to life, limb or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.
  2. GtE is liable for damage caused by simple negligence, insofar as this negligence relates to the breach of such contractual obligations, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligations). In this respect, GtE is only liable to a limited extent for the foreseeable, contract-typical, direct average damage depending on the type of order; this also applies to his legal representatives or vicarious agents.


VIII. Statute of limitations

The statute of limitations for liability claims is 12 months from the date of termination of GtE's activities.


IX. Copyrights/rights of use/retention of title

  1. The customer receives the non-exclusive, non-transferrable right to use the services of GtE in accordance with the following restrictions. The services relevant under copyright law may not be reproduced, published, made available to third parties in any other way or made the subject of inquiries from third parties without the written consent of GtE.
  2. A transfer of the rights of use mentioned in clause 1 and a transfer of ownership of the items that may have been handed over by GtE will only take place once the remuneration has been paid in full.


X. Objects and documents of the customer, safekeeping

  1. If GtE has received items and documents from the client for the purpose of executing the contract, these must be taken back by the client at its own expense when the execution of the contract is completed.
  2. If the customer does not take back the items and documents immediately upon completion of the order, GtE is obliged to store the items and documents for a period of three months. During this time, GtE is only responsible for the diligence that it uses in its own affairs. After three months, GtE can freely dispose of the items and documents in its possession, in particular destroy them. After this period has expired, GtE will inform the customer of this separately again.


XI. Subsidiary agreements, changes and additions, miscellaneous

  1. GtE employees are not authorized to conclude individual agreements that deviate from the GTC. Such agreements can only be made effective with the managing directors or their approval. They must be in writing.
  2. Oral agreements made in relation to the contract require written confirmation by GtE to be effective.
  3. Should a provision of these GTC be or become invalid or unenforceable, this shall not affect the effectiveness of the contract or these GTC. Rather, the contracting parties undertake in such a case to replace the invalid or unenforceable provision with an effective and enforceable provision that corresponds as closely as possible to the economic and non-material provisions within the legal limits.


XII. Applicable law; Place of fulfillment; Jurisdiction

  1. German law applies exclusively to all contractual relationships between the client and GtE.
  2. Place of performance is Berlin. The place of jurisdiction is also Berlin if the customer is a merchant and has placed the order in this capacity.
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