1. contractual bases
- Unless otherwise described herein, the Fee Structure for Engineers (HOAI) in the version of 12 November 2020 (HOAI 2021) with the amendments made in the meantime up to the relevant contract date.
- The following clauses formulate or modify individual contents of the HOAI.
- Insofar as facts are not covered by the HOAI and the clauses listed below, the general statutory provisions (BGB etc.) shall apply.
2. brief consultations by telephone or e-mail correspondence
- Even without this being addressed, a "handshake contract" is created.
- The first 10 (usually ten) minutes of the call are free of charge.
- Subsequently, a calculation is made according to time fee.
- The aim is to provide comprehensive, complete advice in order to achieve the right results.
- If the result is negative for the client, we try to find a solution.
Notes: Experience has shown that an estimate of the time required is often only possible as an approximation, as these are generally not recurring routine tasks.
Fee rate for short consultations: 80 Euro/hour net (incl. incidental costs, plus 19% VAT).
3. expert opinions and planning services
If possible, a written service contract shall be concluded for more extensive expert opinions, planning services, etc. that take a longer period of time.
4. incidental expenses
Unless otherwise agreed, ancillary costs shall be agreed as a lump sum in percentages of the net fee. Settlement on proof must be agreed.
5. payment
- Work performed shall be remunerated irrespective of the evaluation of the result.
- Payment is agreed in written contracts according to work steps or deadlines.
- In the case of telephone consultations, etc., payment shall be made after invoicing, as a rule with a payment term of 10 working days from invoicing.
6. advertising with the service provided
- As is customary in the industry, we can present the problem you have raised on the greenUP website and also advertise it elsewhere (e.g. in leaflets).
- Insofar as the local reference is irrelevant, this is largely anonymised and not locatable.
7. Confidentiality
The contractor undertakes to protect the interests of the client and to treat confidentially the proprietary data of which it becomes aware in connection with the development within the scope of the contractual tasks.
8. amendments to the contract
- Amendments and supplements to a contract must be made in writing to be effective.
- Ineffective contractual provisions and contractual loopholes shall be replaced or filled by provisions which come closest in a legally permissible manner to what was economically intended by both parties when the contract was concluded.
9. litigation
- The place of performance shall be Bonn or, by agreement, the municipality of the Client.
- If the conditions for an agreement on the place of jurisdiction pursuant to Section 38 of the German Code of Civil Procedure are met, the place of jurisdiction in the contract for services shall be the court of the client with territorial jurisdiction; if this is not the case, the place of jurisdiction shall be Cologne.
Status of these GTC: 2.10.2023
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