These General Terms and Conditions (in the following “Service Conditions”) of SA\VE Claims GmbH (in the following “SA\VE”) apply to all declarations, contracts, legal and quasi-legal acts between SA\VE and their principals. These Service Conditions to apply in dealings with consumers. The principal’s conflicting, deviating or additional terms and conditions only become part of the contract upon SA\VE’s express consent.
The submission by the principal of the completed order form is deemed a binding offer. The contract is concluded by SA\VE’s confirmation of the order in writing. Unless otherwise contained in the offer, SA\VE is entitled to accept this contractual offer within 14 days following receipt.
Inasmuch as the parties agree that SA\VE supports the principal in the handling of claims, SA\VE will provide the following services:
If the parties agree that SA\VE shall conduct a damage analysis for the principal, SA\VE will provide a statistical evaluation, in particular in relation to the type of damage, the amount of loss, the product, the shipper, the consignee, the carrier, the itinerary and the duration of the transport.
If the parties agree that SA\VE support the principal in relation to risk prevention, SA\VE’s consultation includes in particular the analysis and evaluation of the respective damage in respect of the type of damage, , the amount of loss, the product, the shipper, the consignee, the carrier, the itinerary and the duration of the transport. Facilitation and instruction of external recovery agencies
If the parties agree that SA\VE facilitates and instructs external recovery agencies, SA\VE will, in particular, facilitate a respective recovery agency or lawyer to pursue recourse claims in relation to the damage incident against the responsible party or the respective insurer. In addition, SA\VE provides the necessary support services, in particular forwarding of all known damage-related documents to the respective recovery agency.
The principal issues SA\VE with all and any authorities required for the performance of the contract, in particular authority
SA\VE is entitled, if required, to instruct third parties (e.g. experts) for the fulfilment of SA\VE’s tasks. The principal is under an obligation to bear the respective costs/fees invoiced to SA\VE by the third parties.
The principal is under an obligation to, at its own cost, to provide SA\VE with all the information and documents required for the performance of the contract.
The principal is under an obligation to provide SA\VE with the following information, inasmuch as possible already prior to the conclusion of the contract:
During the performance of the contract the principal shall inform SA\VE in writing about the following events:
The right to terminate the contract with notice is excluded. The right to terminate extraordinarily and without notice for an important reason remains unaffected.
Without prejudice to any other legal grounds SA\VE is entitled to terminate for an important reason, in particular, when
Any termination of the contract must be done by letter or telefax.
Unless otherwise agreed between the parties, SA\VE’s services are remunerated according to the SA\VE remuneration schedule, provided individually. The remuneration offers are subject to change until the final con formation of the order.
In the absence of an agreement on remuneration and if the respective services are usually to be remunerated, the principal shall pay the usual fee. If in doubt this will be the fee calculated on the basis of our rates.
If a lump sum has been agreed and if the principal causes changes which entail additional costs the principal bears these costs based on our remuneration rates according to time spent .
To the fee , statutory VAT is to be added.
The remuneration is exclusive of necessary disbursements incurred in connection with the activities as per no. 3.b) above as well as third-party costs as per no. 6 above. These disbursements and costs are separately payable by the principal upon presentation of the respective supporting documents.
The remuneration becomes due and payable by the principal within 14 days upon invoicing by SA\VE. SA\VE is entitled to invoice the principal for delimitable parts of the owed services already rendered.
Upon expiry of the aforementioned payment deadline, the principal is in default. In the event of default of the principal, SA\VE is entitled to charge a flat reminder fee of EUR 2.50 plus outside costs, if any, for each reminder following the initial cost-free reminder.
The principal is only entitled to setting-off or withhold to the extent that its claim is undisputed or unappealable.
In the event of a defective performance SA\VE is entitled to make a supplementary performance legally owed, if at all, conditional upon the principal effecting the payment due. The principal, however, is entitled to withhold a part of the payment commensurate with the defect.
The principal’s claims for damages respectively the reimbursement of wasted expenditure in respect of defects only exists subject to para. 12 and are excluded otherwise.
Claims for damages and the reimbursement of expenditure are subject to the terms of this para 12 and are otherwise excluded irrespective of the nature of the claim.
SA\VE is liable pursuant to the statutory provisions for culpably caused damage to life, body and health as well as intent and gross negligence. SA\VE is further liable pursuant to the statutory provisions if SA\VE deceitfully concealed the defect.
Otherwise, SA\VE’s liability is excluded unless SA\VE has breached a substantial contractual obligation with simple negligence in which case the liability is limited to the foreseeable and typical damage. Significant contractual obligations are those the performance of which make the proper performance of the contract possible at all and the observance of which the contracting party regularly relies upon and is entitled to rely upon.
Inasmuch as SA\VE‘s liability for damages is excluded or limited, this also applies to personal liability for damages of its employees, workers, co-worker, legal representatives and persons used in performing search and obligations.
The contracting parties mutually agree to treat all information which the other party has expressly marked confidential or which is recognizable as confidential according to its contents, to treat as confidential and not to make this information accessible to third parties inasmuch it is not required for the performance of the contract as well as the compliance of legal obligations or contractual obligations vis-à-vis credit and credit card businesses. This obligation, in particular, applies in respect of company and trade secrets of the contracting party which become known during the performance of the contract. SA\VE assures that all persons deployed by it for data processing protect data confidentiality in accordance with data protections legislation.
Inasmuch as personal data of the principal or personal data of third parties required for the performance of the contract are transferred to SA\VE, SA\VE will process, collect and use these data in accordance with the applicable laws.
The relation between the contracting parties is governed by the laws of the Federal Republic of Germany. The provisions of the CISG are excluded.
Exclusive jurisdiction for all disputes under or in connection with this contractual relationship is the seat of SA\VE.
An assignment of all rights and claims of the principal under this contract without prior written consent by SA\VE is excluded. SA\VE is entitled to transfer its rights and claims, in particular for financing purposes, to third parties.