§ 1 Scope
These General Terms and Conditions (GTC) apply to all contracts between AP-Personalexpert GmbH and its customers, unless expressly agreed otherwise in writing. Conflicting or deviating terms and conditions of the customer will not be recognized unless AP-Personalexpert GmbH has expressly agreed to their validity.
§ 2 Conclusion of Contract
Offers by AP-Personalexpert GmbH are non-binding. A contract is only concluded when AP-Personalexpert GmbH confirms the order in writing or in text form or begins to execute the order.
§ 3 Services
AP-Personalexpert GmbH provides personnel services, in particular personnel placement, temporary work, and consulting in the field of personnel management. The specific services and their scope are regulated in the respective contract.
§ 4 Remuneration
The remuneration for the services of AP-Personalexpert GmbH is based on the agreements in the respective contract. If no separate agreement has been made, the current price lists of AP-Personalexpert GmbH apply. All prices are exclusive of the statutory value-added tax.
§ 5 Payment Terms
Invoices from AP-Personalexpert GmbH are due for payment within 14 days of invoicing without deduction. In case of default of payment, default interest in the amount of 9 percentage points above the respective base interest rate must be paid. The assertion of further default damages remains reserved.
§ 6 Liability
AP-Personalexpert GmbH is liable without limitation for willful intent and gross negligence. In case of slight negligence, AP-Personalexpert GmbH is only liable for damages resulting from the violation of life, body or health, as well as for damages resulting from the violation of a material contractual obligation. In this case, liability is limited to the foreseeable, typically occurring damage. Further liability for damages is excluded. This also applies to the liability of vicarious agents of AP-Personalexpert GmbH.
§ 7 Warranty
AP-Personalexpert GmbH warrants that the employees provided have the qualifications and skills agreed upon in the contract. If it is determined within a period of four weeks from the start of employment that an employee does not meet the contractually agreed requirements, the client is obligated to immediately inform AP-Personalexpert GmbH. In this case, AP-Personalexpert GmbH will provide a replacement employee or remedy the deficiencies. If remediation fails, the client may terminate the contract without notice or reduce the remuneration.
§ 8 Confidentiality
The contracting parties undertake to treat all information obtained in connection with the performance of the contract, in particular business and trade secrets, confidentially and not to disclose it to third parties, unless the disclosure is necessary for the performance of the contract or the affected party has given its written consent. This obligation continues even after termination of the contractual relationship.
§ 9 Final Provisions
- Any changes or additions to the contract require written form. This also applies to changes to this written form clause.
- If individual provisions of this contract are or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. Instead of the invalid or unenforceable provision, a provision shall apply which comes as close as possible to the economic purpose of the invalid or unenforceable provision.
- The place of jurisdiction for all disputes arising out of or in connection with this contract is the registered office of AP-Personalexpert GmbH, to the extent permitted by law. The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.