General Terms and Conditions (GTC)

I. General, Scope

1. All offers, deliveries, and other services of the freelancer Eugen Eckes are subject exclusively to these General Terms and Conditions of Business, Delivery, and Payment. Deviating terms and conditions of the customer are not recognized unless Eugen Eckes (hereinafter referred to as "Service Provider") has expressly agreed to their validity. Counter-confirmations by the customer referring to their own terms and conditions of business or purchase are hereby rejected.

2. The General Terms and Conditions of Business, Delivery, and Payment apply only to merchants within the meaning of the German Commercial Code (HGB) if the transaction pertains to the operation of their commercial enterprise, as well as to legal entities under public law and special public funds.

 

II. Offer, Delivery, and Scope of Delivery

1. The products and services of the Service Provider are described in product descriptions such as offers, project drawings, and similar documents. A reference to these product descriptions does not constitute a guarantee of properties.

2. The Service Provider retains all ownership rights, copyrights, and industrial property rights (including the right to register these rights) to samples, cost estimates, drawings, and other documents such as 3D CAD models, as well as any software. These documents may not be made accessible to third parties.

3. The scope of delivery is determined by the written order confirmation of the Service Provider, or in the case of an offer by the Service Provider and its timely acceptance, the offer. Collateral agreements and changes require the written confirmation of the Service Provider.

4. For all deliveries, unless otherwise agreed, ex works applies. The delivery of files via email is free of charge and not insured. Please inquire about other shipping options with us and order them separately if necessary.

 

III. Price and Payment

1. Invoices are issued without VAT in accordance with §19 of the German Value Added Tax Act (UStG). Our work report is an important part of this invoice.

2. All services are billed based on the actual working time. We currently calculate with €15 per started 1/4 hour. The hourly rate of €60 per hour already includes the use of the following software: Autodesk Inventor 2016, progeCAD 2025, and AutoCAD LT 2025.

3. Optionally, we offer the use of additional Autodesk software. Thanks to our special licensing, we can use any Autodesk software. The use of the software incurs additional costs. These costs are passed on to the customer 1:1.

4. Prices apply – unless otherwise agreed – ex works. The delivery of files via email is free of charge and not insured.

5. Invoices must be paid within 14 days. We only accept payments by bank transfer.

6. The retention of payments or offsetting is only permissible for claims recognized by the Service Provider, undisputed, ripe for decision, or legally established claims of the customer. Otherwise, the customer may only assert rights of retention insofar as their counterclaim is based on the same contractual relationship.

7. If the customer is in default of payment, the supplier is entitled to demand default interest at a rate of 4% above the respective discount rate of the Deutsche Bundesbank from the time of default. The contractual partners remain free to prove higher or significantly lower actual damages.

 

IV. Retention of Title

1. The provided services and created works remain the unrestricted property of the Service Provider until all claims arising from the contractual relationship have been fully paid.

2. The ownership rights to the provided services and created works are transferred to the customer only after the invoice has been fully settled.

3. As long as the ownership rights remain with the Service Provider, the customer is not entitled to use, reproduce, or transfer the provided services and created works to third parties.

4. The Service Provider reserves the right to reclaim the provided services and created works or prohibit their use in the event of payment default by the customer.

 

V. Delivery Time, Default in Acceptance

1. Agreed delivery periods begin with the conclusion of the contract, but not before the provision of all documents to be procured by the customer (e.g., permits, approvals) and the clarification of all technical questions to be answered by the customer. The delivery period is extended by the period during which the customer is in arrears with the payment of an agreed advance payment. Compliance with the delivery period always presupposes the timely and proper fulfillment of the customer's obligations.

2. The delivery period is met if the delivery item has been dispatched or the readiness for dispatch has been notified by the end of the delivery period.

3. The delivery period is extended appropriately in the event of labor disputes (e.g., strikes, lockouts) and unforeseen obstacles beyond the control of the Service Provider that have a demonstrable significant impact on the completion or delivery of the delivery item. This also applies to obstacles occurring with sub-suppliers. The Service Provider will inform the customer as soon as possible about the beginning and end of these obstacles in important cases.

4. If the dispatch is delayed at the request of the customer or the customer is in default of acceptance, the Service Provider may invoice the customer for the additional expenses and any damage incurred. The Service Provider and the customer remain free to prove higher or significantly lower costs.

5. If the customer is in default of acceptance of the delivery items or payment due to circumstances attributable to them, the Service Provider may, after issuing a reminder and the fruitless expiration of a reasonable grace period set by the Service Provider, withdraw from the contract or demand compensation for non-performance. In the event of a claim for damages due to non-performance, the Service Provider may demand compensation amounting to 20% of the purchase price without proof. The contractual partners remain free to prove higher or significantly lower actual damages.

 

VI. Liability

1. Insofar as the liability of the supplier for damages is excluded or limited, this also applies to all other claims, including those arising from culpa in contrahendo, breach of ancillary obligations (in particular faulty or omitted advice), and tort. This exclusion or limitation of liability also applies to any claims arising from the legal ground of culpa in contrahendo and signifies a complete or partial waiver.

2. The provision of paragraph 1 does not apply to claims under the Product Liability Act and in cases of inability and impossibility.

3. Insofar as the liability of the supplier is excluded or limited, this also applies to the personal liability of employees, workers, staff, representatives, and agents of the supplier.

4. The supplier assumes no liability for defects or damages resulting from the execution of work according to the specifications and instructions of the customer.

5. Place of performance is Kaarst.

 

VII. Severability Clause

Should any provision of this contract be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The contractor and the client undertake, in such a case, to replace the invalid or unenforceable provision with a valid or enforceable provision that corresponds as closely as possible to the spirit and purpose of the provision to be replaced.