General Terms and Conditions of BERTRAMS |Coordinating Complexity|
1. Scope
1.1 These General Terms and Conditions (GTC) apply to all contracts between BERTRAMS |Coordinating Complexity| (hereinafter referred to as “Service Provider”) and its clients (hereinafter referred to as “Client”) for the provision of consulting and training services in the field of Sales & Operations Planning (S&OP) and Integrated Business Planning (IBP).
2. Subject of Contract
2.1 The Service Provider offers consulting and training services for the optimization of planning processes, process and organizational transformation, and preparation for digitalization projects. The exact scope of services will be specified in the respective client order.
2.2 An employment contract is neither intended nor established by the parties.
3. Contract Formation
3.1 The contract is formed upon the Client’s order placement (offer) and its acceptance by the Service Provider.
3.2 The Client is bound to their order (offer) for two weeks.
4. Service Provision
4.1 The Service Provider performs its services to the best of its knowledge and belief based on the information available and its experience.
4.2 The Service Provider is entitled to engage qualified third parties (subcontractors) for service provision.Client’s
5. Cooperation Obligations
5.1 The Client shall provide the Service Provider with all information and documents necessary for service provision in a timely manner.
5.2 The Client shall designate a responsible contact person for project implementation.Remuneration and Payment
6. Terms
6.1 The remuneration for the Service Provider’s services is based on the conditions agreed in the client order.
6.2 Invoices are due for payment without deduction within 14 days of invoicing.
6.3 In case of late payment, the Service Provider is entitled to charge interest on arrears at a rate of 9 percentage points above the base interest rate.
7. Confidentiality
7.1 The Service Provider commits to treating all business secrets of the Client that become known in the course of the cooperation confidentially and to use them only for the purposes of the contract.
7.2 This obligation continues after the end of the cooperation.
8. Liability
8.1 The Service Provider is liable without limitation for damages caused by gross negligence or intent.
8.2 For slight negligence, the Service Provider is only liable for breach of essential contractual obligations and limited to the foreseeable, contract-typical damage.
8.3 Liability for indirect and unforeseeable damages, loss of production and use, lost profit, missed savings, and financial losses due to third-party claims is excluded in cases of slight negligence.
9. Termination
9.1 The contract can be terminated by either party with a notice period of 4 weeks to the end of the month, unless otherwise agreed in the client order.
9.2 The right to extraordinary termination for good cause remains unaffected.
10. Final Provisions
10.1 Place of performance and exclusive jurisdiction for all disputes arising from and in connection with this contract is the registered office of the Service Provider.
10.2 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
10.3 Should individual provisions of these GTC be invalid, this shall not affect the validity of the remaining provisions.
11. How to Reach Us
Email: Michael.Bertrams@Bertrams-Coordinating-Complexity.com
Phone: +49 173 164 3106 Address: Michaelisstraße 47, D-26871 Papenburg, Germany
