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Company for market research regarding investment goods and business consultancy

Widenmayerstraße 46a
DE - 80538 Munich
Telephone: +49 (0) 89 419 418 0
Fax: +49 (0) 89 419 418 88

Mail address
Hohenlindenerstraße 1
D - 81677 München

Registered Legal Form: GmbH
Registered Office: Munich
Domicile and Register Court: Register Court Munich, HRB 54238
Management:Dipl.-Wirtsch.-Ing. Zsolt Krémer

Sales Tax Identification Number: DE-129 476 115
Our Tax Number: 825/16053

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General Terms and Conditions

for market research and consultancy projects
(as of February 2010)

The general terms and conditions below apply to all current and future market research and consultancy contracts (including their execution) that are awarded to Technomar by a client. They do not apply to collaborations with sub-contractors.

If the client has his/her own terms and conditions and they deviate from or contradict Technomar’s terms and conditions, then they do not apply. In case of contradictory terms and in case the client claims validity for his/her own terms and conditions, a common minimum will be determined. If this is not possible, the deviating conditions will not become part of the contract. The subject matter of contract then depends on the individually agreed terms of contract or on the legal requirements. Agreements deviating from or supplementing these terms and conditions always call for a written approval of Technomar.

Technomar carries out its activities in accordance with the professional principles and conduct rules of market and social researchers. Although Technomar supports clients in making decisions on the basis of consultancy activities, the client always makes the decisions himself. For the content and scope of supply of the rendered services from Technomar the respective individual contract and, in case of aspects which are not included, the terms and conditions are significant.

Offers of service that Technomar submits to its clients contain the actual assignment of tasks, the required performances, the time needed as well as the price to be paid and methods of payment. The client receives the offer for the sole purpose of deciding whether to award the contract for the study offered. If nothing else has been agreed, the content can only be published fully or in parts or given to a third party when Technomar has given its written consent. The price mentioned in the offer is valid for three months starting at the quotation date, unless the offer of service states something else.
Assignments are only accepted, if the client informs Technomar about the scope of work by the time of order issuance at the latest. Technomar permits exclusiveness regarding certain survey topics, product areas, regions or research methods only in connection with an explicit written agreement. In this case an additional fee might have to be determined for the length of the exclusive period. Changes to the assignment after it has been commissioned require a written agreement between the parties.

The price mentioned in the contract generally includes all Technomar’s services for conducting the assignment. For services beyond this, that are requested by the client, Technomar is entitled to demand additional remuneration. Additional costs for which Technomar is not responsible and additional expenses that despite all applicable diligence and care could not be foreseen can be charged separately by Technomar.

The agreed price is intended for financing the execution of the respective project. Unless otherwise agreed in writing, an advanced payment of 50% is due when placing the order. The other 50% is due on project completion. In addition to the agreed price Technomar also charges VAT in the respective amount. In each case the price is to be paid within 14 days after invoicing. In the event of delayed payment Technomar is entitled to claim a default interest of 8 percentage points above the base rate. Technomar reserves the right to retain the services in case of late payment.

Technomar carries out the assignment according to the current methods of market and social research. If it should become apparent after the order has been placed that it is not possible to execute the project for reasons, which Technomar could not foresee and can not be held responsible for, Technomar informs the client about this immediately. Technomar is entitled to hand back the project due to impracticability, if both contracting parties can not find a solution to this problem. In this case the client is not entitled to any claim. If the cooperation of the client has been arranged for this project, additional costs that have been caused by this have to be paid by the client. As always, Technomar is obliged to maintain the anonymity of the respondents or interview partners.

Technomar is authorized to pass on assignments from the project to subcontractors in order to help complete the contract. While doing so, Technomar guarantees that when subcontracting the rules and methods of market and social research, the necessary confidentiality as well as further legal requirements (i.e. data security) are maintained. If the client requires a certain subcontractor, Technomar can not be held liable for its output, unless a gross breach of duty by Technomar has occurred.

All claims regarding the Copyright Act remain with Technomar. The client accepts that Technomar has exclusive copyright and is entitled to all protection rights regarding every concept, method, procedure and presentation that originated from Technomar. The client’s copyrights regarding his/her own documents remain unaffected. Unless otherwise agreed, the ownership of documents, questionnaires, data and other material, which have been created during the project execution, belong to Technomar. The anonymity of the respondents or interview partners may not be harmed by such an agreement. Technomar is obliged to keep all documents that have been created during the project for a period of two years, unless agreed otherwise.

Technomar and the client commit themselves to treat information that has been exchanged within the project execution as strictly confidential and to use this information solely for the completion of the project. A corresponding confidentiality clause is also to be concluded with every employee. The non-disclosure agreement also applies to the time after the project has been completed, unless one party can verify that the respective information was known or publicly accessible before receiving it.

Unless Technomar agrees to the full or partial publication or transfer of study and report results to a third party, the client may use the results for internal use only. Without prior consent by Technomar the results may not be duplicated, printed or stored electronically, processed or published. This provision also applies to the results of multi client studies. Unless otherwise agreed in writing, the client does not receive any exclusive rights of use for these results.
The use of study results and reports as part of legal procedures – as far as no other legislative regulations exist – is only permitted, if prior written approval is granted by Technomar. If the client wishes to quote studies or parts of studies, he/she has to mark the quotations as such and name Technomar as the copyright holder. In the event that the contracting partner deliberately or negligently uses legally obtained results in an unlawful manner he holds Technomar harmless from any claims that could be made against the institute.

The client’s claims and liabilities on Technomar’s part conform to the legal restrictions, unless specified differently. Technomar guarantees the orderly execution and scientific evaluation of the study in accordance with the market and social research methods.
Warranty claims for obvious defects shall only be permissible if the client notifies Technomar of these in writing within two weeks of the receipt of the research results. In the case of non-obvious defects, the period of notice begins when the defects come to attention, but at the latest three months after project conclusion. The warranty period shall begin with the conclusion of the project and shall last one year.

Technomar does not guarantee that the results obtained and processed in accordance with the rules and methods of market and social research can actually be used for commercial reasons by the client. Technomar can not be held liable for damages that emerge from the client’s application of the supplied research results, unless there is a gross breach of duty on Technomar’s part.

Compensation claims from the client against Technomar or their legal representatives or vicarious agent only arise from a culpable breach of a contractual duty or intentional or grossly negligent violation of duty or the fraudulent concealment of a defect of the results delivered. In case of damages, which are caused by infringements of substantial contractual obligations, Technomar is only liable for those damages which are predictable or typical for the contract. There is no liability for unpredictable consequential losses or indirect damages. The level of compensation is limited to the total height of the agreed net price of the respective individual project.

The same applies to project delays due to unwarranted delays in delivery regarding contractually agreed results on Technomar’s part. If it is not possible to comply with the agreed time of delivery due to Acts of God, strikes, lock outs, riots, administrative decisions or other hold-ups for which Technomar or their sub-contractors can not be held responsible for, the time of performance is extended by the time it takes to overcome the disruption. In this case Technomar will inform the client immediately of the beginning and end of the disruption. In the case of long-term stoppages, Technomar shall be entitled to terminate the contract for serious reasons, with the exclusion of all claims for compensation.

If the client is behind schedule with supplying necessary information or data for the project, Technomar is not liable to adhere to the agreed deadlines for delivery and performance. Technomar is entitled to terminate the contract for serious reasons and has the right to demand compensation, if the client does not comply with the obligation to co-operate in spite of grace period notification by Technomar.

If Technomar claims against the client on account of an alleged breach of duty and the client wants to subrogate against Technomar, the client is obliged to inform Technomar about this fact in writing as soon as possible.

If single regulations of this contract are ineffective or impracticable, the effectiveness of the remaining general terms and conditions shall not be affected. The ineffective or impracticable regulation shall be replaced by an effective and practicable regulation. The effect of the new regulation shall come as close as possible to the economic target that was initially pursued on the basis of the ineffective or impracticable regulation by the contracting parties. Therefore the terms above apply in the event that the terms and conditions are found to be incomplete.

As defined by these general terms and conditions written agreements can also be concluded by fax or email.

The place of jurisdiction and the place of fulfilment is Munich. Unless there is no other written agreement, this contract shall be governed by the law of the Federal Republic of Germany.  

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