GTC

General Terms and Conditions for Kukuk Group

 

1. Validity of the conditions

The preparation of expert opinions, expertises, consulting activities and quality seals by Dipl.-Ing. Klaus Kukuk (Ingenieurbüro Kukuk), Kukuk Group (Kukuk Engineers GmbH and Kukuk Signature GmbH) - hereinafter referred to as "Contractor" - for the Client - hereinafter referred to as "Client" - is carried out exclusively on the basis of these Terms and Conditions. Deviating terms and conditions of the Customer shall only apply if they are recognised in writing by the Contractor. The following terms and conditions shall apply to the freely agreed services including consultancy services, information, deliveries and the like as well as to ancillary services and other ancillary obligations provided in the course of order fulfilment.

2. Order placement and offers

The order for the preparation of expert opinions, expertises, advisory activities, certificates and quality seals shall generally be placed in writing; orders placed verbally, by telephone or via other telecommunication techniques shall also be deemed binding. The Client must provide the Contractor with all necessary documents and information free of charge and without special request. The Client must explain the scope of the project, the situation, the extent of the damage/repair/restoration and all historical and technical background as comprehensively and truthfully as possible in order to enable proper processing. Old and previous damage must be named by the client. Disadvantages due to incorrect information or concealment of facts shall not be borne by the Contractor. The expert, engineer and employee must be informed of all relevant processes and circumstances in good time. Until the final conclusion of the contract or until the written order confirmation, the Contractor's offers, in particular with regard to scope, execution, prices and deadlines, are subject to change and non-binding. The Contractor shall only be liable for performance specifications and assurances or other declarations made by its authorised representatives or vicarious agents if these declarations have been made binding by the Contractor. The services shall be performed in accordance with the generally recognised rules of technology and in compliance with the regulations applicable at the time of the order confirmation - unless other permissible agreements have been expressly made in writing. The performance of the activities shall not constitute a warranty for the correctness (perfect condition) and functionality of either the inspected or tested parts or the vehicle; in particular, no responsibility shall be assumed for the design, choice of materials and construction of the vehicles inspected, unless these issues are expressly covered by the order. In the case of test orders, the Contractor shall not be responsible for the correctness or verification of the regulations, standards, technical rules and programmes on which its tests and assessments are based, unless expressly agreed otherwise in writing.

3. Performance deadlines / dates

The contractually agreed performance deadlines and dates are based on experience and estimates of the scope of work based on the information provided by the Client. They shall only be binding if they are confirmed as binding by the Contractor in writing.

4. Power of attorney

The Client authorises the Contractor to carry out all necessary and expedient determinations, investigations and services with and vis-à-vis authorities, companies and third parties.

 

5. Confidentiality

The Contractor, its partners and its employees are obliged to maintain confidentiality with regard to all information relating to order negotiations and data of the Client, unless otherwise required by law. Further proceedings and the communication of findings and facts are left to the discretion of the Contractor and the Client and are not subject to confidentiality, unless otherwise agreed in writing. Copies (photocopies) may be made for the Contractor's files of written documents, drawings, plans, etc. which have been provided to the Contractor for inspection and which are of importance for the order negotiations or execution of the order.

 

6. Copyrights

All copyrights and joint copyrights to the expert opinions, test results, expertises, reports, calculations, representations, statements (oral and written) etc. prepared by the Contractor shall remain with the Contractor. The Client may only use expert opinions, test results, calculations, representations, etc. prepared within the scope of the order for the purpose for which they are intended as agreed.

 

7. Terms of payment

The fee for appraisals, expert opinions, consulting services and quality seals is due immediately upon collection from the expert's office. In the case of non-cash payment, the expert opinion or invoice number must be quoted. After unsuccessful reminders, legal dunning proceedings may be initiated.

7.1 All fees are due for payment without deduction upon receipt of the invoice; no discounts are granted.

7.2 Only legally established or undisputed claims may be offset against claims of the Contractor.

7.3 Payments shall be made to the Contractor's bank account indicated on the invoice, stating the invoice and customer number.

7.4 Complaints about invoices from the Contractor must be made in writing within two weeks of receipt of the invoice

8. Fees Unless otherwise agreed in writing, the usual fee rates of the Contractor shall be charged. Below are the fee rates and costs (as of 2024), which must be checked by the client to ensure that they are up to date:

   Clerk 95,00 € / h

   Calculation per kilometre 0,90 € / km

   Travelling time 150,00 € / h

   Engineering/consultancy 350,00 € / h           

8.1 If the scope of services is not specified in writing when the order is placed, invoicing shall be on a time and material basis. If no fee has been agreed in writing, invoicing shall be based on the Contractor's fee schedule valid at the time the service is provided. New fees may also be invoiced if a fixed agreed upper limit of the fee is not exceeded.

8.2 If the execution of an order extends over more than one month or if the order value or the agreed fixed price is more than € 2,500.00, the Contractor may demand advance payments and invoice instalments on a pro rata basis.

8.3 The fee for damage appraisals shall be calculated on the basis of the amount of damage. The Contractor's fee table can be inspected at the Contractor's offices. In the case of repairs, the repair costs including VAT and any reduction in value shall be decisive. In the event of a total loss, the replacement value of the vehicle prior to the loss event shall be the basis for calculation.

9. Acceptance

The Contractor may submit each self-contained part of the services of the order for acceptance as a partial service. The client is obliged to accept the work immediately. If the Client does not fulfil its acceptance obligation immediately, acceptance shall be deemed to have taken place no later than four calendar weeks after full performance or agreed partial performance, if the Contractor specifically informs the Client of the aforementioned deadline when performing the service.

10. Invoice verification/re-inspection

Invoice audits and follow-up inspections are considered new orders and are invoiced at 25 % of the fee in accordance with the fee table.

 

11. Expert opinion

The client receives a single copy of the report. The report can also be sent electronically by agreement.

 

12. Expertise dispatch

The dispatch of the expert opinion is at the risk of the client.

 

13. Liability

The Contractor is obliged to fulfil the order to the best of its knowledge and belief. If no rectification is requested within one month of receipt of the expert opinion, liability shall be excluded if the defects are obvious or if the Client is an entrepreneur. Liability is limited to intent and gross negligence, unless injury to life, limb or health is involved. Claims for damages shall become time-barred after 3 years, beginning with the receipt of the expert opinion by the Client.

 

14. Right of cancellation

The client may cancel the contractual declaration in text form within two weeks without giving reasons. The period begins with the notification of the cancellation in text form. The cancellation must be sent to:

Dipl.-Ing. Klaus Kukuk

Kaldauer Height 11-13

51491 Overath

 

15. Applicable law

The law of the Federal Republic of Germany shall apply to these terms and conditions and the entire legal relationship between the Client and the Contractor.

 

16. Place of jurisdiction/final provision

The place of jurisdiction for merchants is Cologne. Should individual provisions of these terms and conditions be invalid, the validity of the remaining provisions shall remain unaffected.

17. Miscellaneous

The contractual relationship shall be governed by German law. Insofar as the requirements of Section 38 of the German Code of Civil Procedure (ZPO) are met, the place of jurisdiction shall be the Contractor's registered office. The place of fulfilment is the place where the agreed services are to be provided, otherwise the registered office of the Contractor. Verbal collateral agreements on the part of the Client shall require written confirmation in order to be valid. Amendments and additions to the contract, including an amendment to this written form clause, must be made in writing to be effective. The Client agrees that the Contractor may store and process personal data within the meaning of the Federal Data Protection Act for its own purposes. Should provisions of this contract or a future provision included in it be wholly or partially invalid or unenforceable or subsequently lose their legal validity or enforceability, this shall not affect the validity of the remaining provisions of the contract. The same shall apply if it should transpire that the contract contains a loophole. In place of the invalid or unenforceable provisions or to fill the gap, the parties are obliged to agree on an appropriate provision which, as far as legally possible, comes closest to what the contracting parties intended or would have intended according to the meaning and purpose of the contract if they had considered the point when concluding this contract or when subsequently including a provision.