General Terms and Conditions
§ 1 Scope and Subject Matter
(1) These General Terms and Conditions of Grüner Baum GmbH, Vorstädter Str. 32, 55276 Oppenheim, Germany (hereinafter "Service Provider"), apply to all contracts for consulting and services in the field of EU product safety, in particular:
Consulting on the EU General Product Safety Regulation (GPSR, Regulation (EU) 2023/988) · Appointment and fulfilment of the EU Responsible Person role (Art. 16 GPSR) · Support with CE marking and conformity assessment · Preparation of regulatory documentation (technical files, risk assessments, declarations of conformity) · EU market entry and regulatory compliance consulting
(2) These Terms apply to entrepreneurs within the meaning of § 14 BGB. Conflicting terms of the client are only accepted if the Service Provider expressly agrees in writing. They also apply to all future business relationships.
§ 2 Conclusion of Contract
(1) Offers by the Service Provider are non-binding. A contract is only concluded upon written order confirmation or commencement of service provision.
(2) The client is bound by their order for 14 days.
(3) Verbal agreements require written confirmation by the Service Provider to be effective.
§ 3 Scope of Services
(1) The exact scope of services results from the respective offer, order confirmation, or a separate service description.
(2) The Service Provider renders services in accordance with current technical standards and applicable legal requirements. Services do not constitute legal advice within the meaning of the Legal Services Act (RDG). For the legal binding effect of documents, consultation with a qualified lawyer is recommended.
(3) Changes to the scope of services require written agreement. Additional effort caused by changes will be invoiced separately.
§ 4 Client's Duty to Cooperate
(1) The client is obliged to provide all information, documents, and access required for service provision in a timely and complete manner.
(2) The client designates a responsible contact person. Delays caused by insufficient cooperation are not attributable to the Service Provider, and agreed deadlines shift accordingly.
(3) The client warrants that submitted product information is complete and accurate. The client is liable for damages arising from incomplete or incorrect information.
§ 5 Remuneration and Payment Terms
(1) Remuneration is based on the agreed offer, plus statutory VAT.
(2) Invoices are due within 14 days without deduction. Ongoing services are invoiced monthly in advance.
(3) In the event of late payment, statutory default interest pursuant to § 288(2) BGB applies.
§ 6 Acceptance
The client is obliged to review and accept delivered services within 10 working days. If no defects are reported within the deadline or the service is used, it is deemed accepted.
§ 7 Usage Rights
(1) Upon full payment, the client receives a simple, non-transferable right of use to the created documents and work results for the contractually agreed purpose.
(2) Transfer to third parties requires written consent from the Service Provider. All rights remain with the Service Provider until full payment.
§ 8 Warranty
(1) The Service Provider warrants that services conform to the agreed scope.
(2) In the event of defects, the Service Provider is entitled and obliged to remedy them. After two failed attempts, the client may reduce the price or withdraw from the contract. Warranty claims become time-barred after 12 months.
§ 9 Limitation of Liability
(1) The Service Provider is liable without limitation for intent and gross negligence as well as for injury to life, body, or health.
(2) For slight negligence of a cardinal obligation, liability is limited to the contract-typical, foreseeable damage, at most the net value of the affected individual service.
(3) Liability for indirect damages, lost profits, or consequential damages is — to the extent permitted by law — excluded.
(4) The Service Provider does not warrant that documents will be deemed sufficient by market surveillance authorities in any individual case.
§ 10 Confidentiality and Data Protection
(1) Both parties undertake to keep all confidential information obtained within the contractual relationship confidential from third parties, without time limit.
(2) Where the Service Provider processes personal data on behalf of the client, a separate data processing agreement pursuant to Art. 28 GDPR will be concluded. See also our Privacy Policy.
§ 11 Term and Termination
Term and notice periods are governed by the individual contract. The right to extraordinary termination for good cause remains unaffected. In the event of termination, services already rendered shall be remunerated on a pro-rata basis.
§ 12 Final Provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The exclusive place of jurisdiction is — to the extent legally permissible — the registered office of the Service Provider (Amtsgericht Mainz / Landgericht Mainz).
(3) Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.
(4) Amendments and supplements to these Terms require written form.