General Terms & Conditions
Last updated: Oktober 03, 2024
Please read these terms and conditions carefully before using Our Service.
ARTICLE 1: SCOPE OF APPLICATION
These General Terms and Conditions apply to all offers and contracts of Full Scope GmbH (hereinafter referred to as “Full Scope”) and to all agreements between Full Scope and the client, in which Full Scope provides services, delivers products, or performs other tasks.
ARTICLE 2: OFFERS
All offers made by Full Scope are non-binding unless expressly agreed otherwise in writing. Offers are considered an invitation to submit an offer and do not constitute a binding obligation. Assembly or installation services are only included in the offer if explicitly agreed upon in writing.
ARTICLE 3: CONTRACT CONCLUSION
A contract between Full Scope and the client is concluded once the client accepts Full Scope’s written offer and Full Scope provides written confirmation. Amendments or additions to the contract require written confirmation from Full Scope to be valid.
ARTICLE 4: PRICING
Full Scope’s prices are based on the cost factors applicable at the time of the offer. Full Scope reserves the right to adjust prices if these factors change, such as material costs, labor costs, or taxes.
ARTICLE 5: DELIVERY TIMES
The delivery times and dates stated in offers are non-binding unless expressly confirmed in writing as binding. Exceeding the delivery times does not entitle the client to claims for damages or termination of the contract unless expressly agreed otherwise in writing.
ARTICLE 6: RENTAL CONTRACTS
Rental contracts are subject to the same conditions as purchase contracts, unless otherwise agreed. The client is obligated to return the rental items in proper condition at the end of the rental period.
ARTICLE 7: COMPLAINTS
Complaints regarding delivered goods or services provided must be reported to Full Scope in writing within 7 days after receipt of the goods or performance of the service.
ARTICLE 8: REPAIRS AND MAINTENANCE
Full Scope reserves the right to accept or reject repair and maintenance orders. Repair costs are estimated in advance, but Full Scope is not obligated to adhere strictly to the estimate.
ARTICLE 9: TRANSPORT
The transport of goods is carried out at the client’s risk, even if delivery “free domicile” has been agreed.
ARTICLE 10: LIABILITY AND WARRANTY
10.1 Planning and Consulting Services
Full Scope provides all planning and consulting services based on the latest state of the art, the available information, and the current knowledge. Full Scope assumes no liability for errors or incomplete planning, unless they are due to intent or gross negligence.
10.2 Advisory Role
Full Scope acts in an advisory capacity in all services provided. The final decision regarding the implementation and execution of the proposed measures lies with the client, unless expressly agreed otherwise in writing. Full Scope assumes no responsibility for the consequences of the client’s decisions.
10.3 Limitation of Liability
Full Scope is only liable for direct damages caused by intentional or grossly negligent behavior. Liability for indirect damages, consequential damages, or loss of profit is expressly excluded. In any case, Full Scope’s liability is limited to 50% of the agreed fee for the respective service.
10.4 No Liability for Modifications by the Client
Full Scope is not liable for damages resulting from modifications or deviations made by the client to Full Scope’s recommendations, unless there is a written agreement regarding Full Scope’s liability in such cases.
ARTICLE 11: CLIENT OBLIGATIONS
11.1 The client is obligated to take all necessary measures to ensure the proper execution of Full Scope’s services and to bear the associated costs.
11.2 Unless otherwise agreed in writing, the client is responsible for the accommodation and catering of all Full Scope employees. Accommodation must be in single rooms of a 4-star category within a 30-minute drive of the event location. If such accommodation is not available, Full Scope must be notified immediately, and a solution must be found in consultation. Breakfast must always be provided at the hotel.
11.3 Travel and transfers for employees are generally organized by Full Scope and invoiced to the client at cost plus a handling fee. If the client arranges travel or transfers, flights under 4 hours must be booked in Economy Plus, and flights over 4 hours in Business Class. Additionally, a large carry-on bag and, depending on the duration of stay, checked luggage must be booked for all employees.
11.4 The client shall provide Full Scope with three free meals per day. Alternatively, a buyout may be agreed upon, subject to written confirmation by Full Scope. Breakfast must be provided at the hotel, and in the case of shift work, meals must be available at staggered times. Additionally, the client must provide water, soft drinks, tea, and coffee free of charge during production times.
11.5 The client shall provide Full Scope with all necessary working tools and equipment free of charge. Furthermore, an air-conditioned office space in the form of an office container or permanent building must be provided near the construction site. The container must be equipped with internet access, power, and office furniture, as agreed upon. One container must be provided for every two Full Scope employees. The positioning of the containers for multiple construction sites must be agreed upon with Full Scope.
11.6 If the client fails to meet any of the obligations outlined in Article 11, Full Scope reserves the right to invoice the client for any resulting additional costs, including a handling fee.
ARTICLE 12: HANDLING OF DOCUMENTS, CAD DRAWINGS, REPORTS, AND OTHER FILES
All documents, CAD drawings, reports, and other files created as part of Full Scope’s services are subject to the following conditions:
12.1 These files remain the intellectual property of Full Scope GmbH.
12.2 Their use is restricted to the commissioned project, and all files must be deleted after project completion.
12.3 The transfer of these files to third parties requires written approval from Full Scope GmbH.
12.4 These files are intended solely for the specified location and date of the project’s execution. Reuse or deployment in other locations or at different times is only permitted following a prior review and explicit approval by Full Scope GmbH.
ARTICLE 13: AUTHORIZATION TO OPERATE WORK MACHINES
In the course of Full Scope’s activities, it may be necessary for employees or subcontractors of Full Scope to move work machines on the production site or factory premises. By accepting these General Terms and Conditions, the client issues a blanket authorization for the operation of all work machines used in the course of Full Scope’s services. Full Scope undertakes to provide, upon request, the necessary qualification certificates for its employees or subcontractors who possess the required operating qualifications.
ARTICLE 14: REJECTION OF OTHER CONTRACTUAL TERMS
No other contractual terms will be recognized unless explicitly accepted in writing by Full Scope GmbH. Contractual terms that are not expressly approved in writing by Full Scope will have no validity and cannot affect the agreed-upon terms.
ARTICLE 15: FORCE MAJEURE
In the event of force majeure, Full Scope is entitled to suspend performance or withdraw from the contract without being liable for damages. Force majeure includes any circumstance that makes it unreasonable for Full Scope to fulfill the contract, such as natural disasters, war, strikes, or governmental orders.
ARTICLE 16: PAYMENT TERMS
Payments are due within 14 days from the invoice date without deduction. If the client is in default, interest on arrears will be charged in accordance with Section 288 of the German Civil Code (BGB). The client shall also bear all costs incurred through reminders or legal proceedings to enforce payment.
ARTICLE 17: DATA PROTECTION
Full Scope complies with applicable data protection regulations. The current privacy policy of Full Scope GmbH is available on the Full Scope website.
ARTICLE 18: CANCELLATION AND TERMINATION
After contract signing, cancellation is only possible under the following conditions:
- Up to 6 months before project start: 50% of the agreed contract sum,
- Up to 2 months before project start: 80% of the agreed contract sum,
- Less than 2 months before project start: 100% of the agreed contract sum.
ARTICLE 19: JURISDICTION AND DISPUTE RESOLUTION
The place of jurisdiction for all disputes arising from or in connection with these General Terms and Conditions or the underlying contract is Traunstein. Before initiating legal proceedings, the parties agree to seek resolution through mediation.
ARTICLE 20: AMENDMENTS TO THE TERMS AND CONDITIONS
Full Scope reserves the right to amend these General Terms and Conditions at any time. Amendments take effect upon notification to the client and apply to all contracts concluded after the amendment date.
ARTICLE 21: BINDING NATURE OF THE GERMAN VERSION
This agreement has been drawn up in multiple language versions. In the event of any discrepancies or ambiguities between the different versions, only the German version shall be binding. The German version of this contract shall be decisive for the interpretation and application of the contractual provisions.
ARTICLE 22: WRITTEN FORM
Amendments or additions to this agreement must be made in writing. This also applies to any changes to this written form clause.
ARTICLE 23: SEVERABILITY CLAUSE
Should individual provisions of this agreement be or become invalid or unenforceable after the conclusion of the contract, the validity of the remainder of the contract shall remain unaffected. In place of the invalid or unenforceable provision, a valid and enforceable provision shall be deemed agreed upon, which comes as close as possible to the economic purpose that the parties intended with the invalid or unenforceable provision.
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