Terms & Conditions

General Terms and Conditions of dictaJet Ingenieurgesellschaft mbH for consultancy services relating to fit4DPP

§ 1 Scope

(1) These General Terms and Conditions (GTC) apply to consultancy and support services provided by dictaJet Ingenieurgesellschaft mbH (hereinafter “dictaJet”) to businesses (§ 14 BGB) in connection with the Digital Product Passport (DPP) and related regulatory requirements, unless otherwise agreed in the individual contract.

(2) The customer’s differing, conflicting or supplementary terms and conditions shall become part of the contract only if dictaJet has expressly agreed to their validity in writing.

§ 2 Conclusion of contract and description of services

(1) The specific consultancy service, its scope, remuneration and duration shall be agreed individually between dictaJet and the customer, generally on the basis of a written offer from dictaJet, which the customer accepts by placing an order.

(2) Changes or extensions to the agreed scope of services require text form (e.g. e-mail) and shall be remunerated separately unless otherwise agreed.

§ 3 Customer’s obligations to cooperate

The customer shall provide dictaJet promptly and in full with the information, documents and contacts required for the consultancy service. Delays attributable to the customer’s failure to cooperate in good time shall not be borne by dictaJet.

§ 4 Remuneration and payment terms

(1) Remuneration shall be based on the offer agreed in the individual contract (e.g. a fixed fee or time-based fee plus the statutory VAT applicable in each case).

(2) Unless otherwise agreed, invoices shall be due for payment within 14 days of the invoice date without deduction.

§ 5 Term and termination

(1) The term of the consultancy service shall be determined by the individual contract.

(2) The right of either party to terminate extraordinarily for good cause shall remain unaffected.

§ 6 Confidentiality and data protection

(1) Both parties undertake to treat as confidential all confidential information of the other party obtained in the course of the cooperation and to use it only to fulfil the purpose of the contract.

(2) When processing personal data in the course of the cooperation, both parties shall comply with the requirements of the GDPR; further details shall, where necessary, be governed by a separate data processing agreement.

§ 7 Liability

(1) dictaJet shall be liable without limitation for intent and gross negligence, as well as in accordance with the Product Liability Act and in the event of injury to life, body or health.

(2) In the event of a slightly negligent breach of material contractual obligations (cardinal obligations), dictaJet’s liability shall be limited to the foreseeable loss typical for the contract at the time the contract was concluded. In all other respects, liability for slightly negligent breaches of duty shall be excluded.

(3) dictaJet’s consultancy services do not constitute legal advice and do not replace legal review in individual cases.

§ 8 Final provisions

(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The place of jurisdiction for all disputes arising from or in connection with this contract shall, insofar as legally permissible, be dictaJet’s registered office.

(3) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.

Editorial note: These GTC cover the model of individual consultancy contracts (prices and terms are agreed in each individual contract). Legal review is recommended before publication.