Disclaimer

While we make every effort to ensure that the information we provide on our web site is correct and up to date, we can make no promises or guarantees about the accuracy, completeness, or adequacy of the information provided. In no event shall we assume responsibility or liability for any damages or losses resulting from the use of information contained on this web site.

1. General Trading Conditions

All supplies, achievements and offers are transacted exclusively under these trading conditions.  These trading conditions are included in all contracts used to close with contracting parties (“customers”) over our supplies and achievements.

No other trading conditions apply even if they do not seek to contradict the validity of these trading conditions.  Even if reference is made by us, either by letter, fax or some other means of communication  to other trading conditions this does not validate them.

These trading conditions also apply to all future business relations with the customer even if they are not subsequently agreed upon.

2. Offer and Conclusion of Contract

Offers and non-binding and noncommittal.  All contracts over supplies and achievements as well as other agreements require our written confirmation either by electronic means, letter or fax before they have any legal force.  Co-workers and employees are not entitled to make verbal agreements.  Orders are to be made within 30 days of the offer date.  For the purposes of these trading conditions the contract year runs from the date of the confirmation of the order.

All data pertaining to the subject matter of the supply or achievement (“technical data”) as well as any representations made by us are relevant as only an approximation.  The technical data is in no way assured and definite characteristics but serve as descriptions or markings of the supply or achievement.  We hold no liability as to the validity of technical data given.  Commercial deviations and those which take place due to legal regulations or represent technical improvements are permissible as much as they  do not serve to impair the usefulness of the contractually planned purpose.

3. Extent of Achievement and Supply

In the context of our offers we offer different reasons and choice achievements to our customers.  In no case does the customer gain the use licence or any other right to our trademarks copyrights and other commercial patent rights.

If assured dates for the initiation of auxiliary services are not called off within 36 hours of confirmation by writing, fax or email by the customer, we are entitled to retain from the customer a representational allowance for travel expenses and half daily cost lump sum at a value of $_____.

4. Prices and Terms of Payment

Our prices are dependant upon a valid price list in each case. Our prices apply to the respective special conditions specified in the extent of our achievements and supplies.  Any extra or special services rendered are computed separately.   Remuneration for our achievements and supplies, which can be paid  constantly, and can be increased by us by way of report to the customers within a period of three months.  If the customer does not agree with the price adjustment, he is entitled to cancel the contract within a one-month period of the report at the end of the three month period. 

Remuneration is to be paid in advance in each case for one contract year.  Our calculations are to be paid within five bank working days without departure.  Beyond that we are entitled in the case of delay or non-payment to stop our achievements.  The restraints of payments because of or the set-off with counterclaims of the customer is permissible only if the counterclaims are undisputed or validly determined.   If after the conclusion of the contract the customers circumstances were to change having effect on the customer’s credit-worthiness, then we retain the right to furnish pending supplies or achievements only against  full pre-payment or payment of a security.

5. Place of Delivery and Execution of the Supply and Achievements

Dates and times for delivery are only an approximation  unless a firm period of time is expressly agreed upon. Place of delivery is to be _________________________.

Supply and achievement dates may be altered to an appropriate period if the after the confirmation of the contract, if there are events which occur which were unforeseeable at the conclusion of the contract.

Operational disturbances of all kinds, such as difficulties in the material or energy, procurement or loss of communications networks and gateways of other operators, transportation delays, strikes, legal lockouts, lack of workers or raw materials, official measures , supplies being incorrect or unpunctual, which render the delivery of the supply or achievement substantially more difficult or impossible to carryout, the contract shall be cancelled temporarily until the handicap is rectified.  Temporary obstacles extend the duration of the supply and shift the dates of the supply and achievement and customers are to allow for an appropriate reaction time.  As far as circumstances due to the delay of the supply or achievements or they are undelivered to the customer, the customer will be notified by immediate written explanation by us and we may withdraw in relation to the contract.  We hold no responsibility in these instances and claims for damages are impossible in these cases.

This regulation applies accordingly with difficulties with the procurement of necessary official  permission, independently of whether it would have been possible us to already recognise these  difficulties at the time of the contract’s conclusion.  In circumstances were we ask the customer for data  for the acquisition of procuring important import or export licences, the correctness of the data is  trusted.  If the customer has given unfounded data, then he is obligated to us to substitute for any  developing damage.

6. Obligations and Duties of the Customer

Articles are manufactured and/or provided by the customer or data of the customer via internet and therefore, customers hold the guarantee for the correctness of the information, and the legal validity of their publication on the internet and hold all third party rights (copyrights, marks, professional secrets, personality rights) as well as legislation (in particular criminal law standards, legal conditions as well as laws for advertisements) and any binding official and judicial arrangements are unaffected.  Managing regulations apply in particular to relevant restrictions of advertising as well as restrictions due  to the protection of children and young people law (Children and Young Persons (Administration of Justice) Act 1947) 

7.  Guarantee

The articles supplied by us and/or the achievements furnished by us are immediate after arrival.  Receipt reference that the publication took place on the internet should be examined carefully by the customer. The receipt is considered as authorised, if a notice of defect is not given within seven working-days after delivery, or if the defect was not recognised at the time of delivery, within seven working days after the  discovery of the defect in writing or by fax and receipt by us should be documented.

With a lack or absence of an assured characteristic of the supplied articles or our achievements we are obligated to make a choice which can be made within an appropriate period to rework the replacement, transformation or reduction.  In the case of failing , the impossibility, unreasonableness, or inadequate delay of the rework or replacement, the customer can after its choice transform or cancel the contract or reduction (of remuneration) as required.  Legal claims for damages remain unaffected in this framework.

We do not make any guarantee as to the quality of photos left with us no those offered by us free of charge. Photos can be destroyed by us without cost replacement.

8. Liability

With the characteristic warranties, which are to secure the customer against the risk of possible damage, we adhere to the conditions and act in accordance with the condition of the laws on payment of damages.  This liability is however limited to the typical and predictable damage.

We are not responsible for the negligence of our organs, legal representatives, leading employee and other executing aide as far as it does not concern a breach of contract, substantial obligations or cardinal  obligations.  In the case of rough negligence of our non-conductive employees or other executing aides  we do not hold responsibility for their actions as far as they do not concern a breach of contract,  substantial obligations or cardinal obligations.  In all remaining cases we take responsibility as far as we  are entitled to be responsible.

As far as we hold responsibility on the payment of damages the liability is impossible for damage, which lie beyond foreseeability, are unpredictable by us, nor those which can be controlled by the customer.  The same applies to escaped  profit and missing data.  These regulations do not apply, as far as our responsibility because of resolution.

The causal risk for any occurring damage is dependent upon the industry of the customer and it is therefore impossible to cover rough negligence without resolution from organ members or leading employees.  As far as damaged property is concerned our liability is capped on all risk insurance on vehicles for easy negligence of our organs, legal representative, leading employees and other executing aides and liability for rough negligence of out other executing aides is impossible, even if it concerns a breach of contract, substantial obligations or cardinal obligations.

The managing liability exclusions an restrictions apply to the same extent in favour of our organs, legal representatives, leading and non conductive employees an other executing aide.

Regarding technical information provided by us in the context and course of our business, either advisor, actively or of free achievements to furnish, this is always given free of charge and we are excluded from any liability.

9. Privacy, Data Protection and Data Security

We and the customer mutually commit to keep all business and trade secrets secret for an unlimited period of time and not to pass on or use in any way for the purpose of contracting with a third party.  Documents, pictures and other information, received by the other contracting party due to the business relation, is to be used solely in the context of the respective contract purposes.

We and the customer will consider the principle of the data protection and data security recognised in each case and will keep, in particular passwords a secret and will subsequently arrange changes if the danger or assumption of an unauthorised access exists

10. Contract Running Time

The contract between the customer and us is locked for the duration of one year, beginning with the date of the confirmation of the order.  It automatically extends for a further year at a time, if notice of cancellation is not given by a contracting party six weeks prior to the end of the contract.  The notice is to be given in writing.  The right for notice for important reason remains unaffected (?)

11. Final Clauses

These conditions, and all resulting contracts are governed by the laws of The Bahamas.  The Bahamas is the area of jurisdiction for any and all possible disputes resulting from business relations between us, and the customer.  Any complaints against us are confined strictly to our jurisdiction.  The relation between us and the customer is subject exclusively to Bahamian laws.

The headings in these trading conditions serve only for the purpose of orientation.  They are not to be interpreted as being a part of the contract.

If any part(s) of these conditions should become ineffective that/those part(s) stand alone and the effectiveness of the remaining conditions remains unchanged.  The ineffective condition or part will be replaced with a legally effective condition which pursues the same purpose of the previously ineffective condition or part.

Changes and additions of the contract and these trading conditions including this clause require writing in order to be legally enforceable.  We are however entitled to change these trading conditions.  There changes become binding on the customer if the customer does not make written objection within two weeks of receiving the report.  If the customer objects to the changes, we are entitled to give the customer four weeks notice from the date of the entry into force of the new conditions to terminate the contract.  Special agreements do not exist.