Conditions
GENERAL TERMS AND CONDITIONS (GTC) of HK-LEAN-Consulting
1. DEFINITIONS, DEFINITIONS
1.1. In the following general terms and conditions, our company is named "HK-LEAN-Consulting".
1.2. The object of the company is to offer consulting services by the sole proprietor Mr. Harald Kimmerle, e.g. as an interim manager or as a management consultant in the field of industrial production.
2. SCOPE OF APPLICATION
2.1. The offers, services and contracts from or with HK-LEAN-Consulting are based exclusively on these general terms and conditions. These therefore also apply to all future business relationships, even if they are not expressly agreed again.
2.2. All agreements made between HK-LEAN-Consulting and its customers, hereinafter referred to as the client, must be made in writing and must be signed by both parties. Changes and additions to a contract and / or its annexes, as well as the waiver of the written form requirement, must be made in writing. Oral side agreements are neither valid nor legally binding.
3. CONFIDENTIALITY
The parties involved, the client and HK-LEAN consultant, guarantee the highest level of confidentiality, especially with regard to personal data and internal company information of the client. There is no obligation to maintain secrecy if it is generally known information or information that has become generally known in the course of the contractual relationship.
4. NATURE OF THE CONTRACTUAL RELATIONSHIP, SUBJECT MATTER
4.1. The subject of the contract is 1. the acceptance of mandates, which usually results in a temporary, project-related interim manager contract between the client and HK-LEAN-Consulting. 2. Advising companies on process optimization or other advisory services with the aim of improving the initial situation for the client.
4.2. Offers by HK-LEAN-Consulting are subject to change and non-binding. Orders from the client to HK-LEAN-Consulting are only binding if they have been expressly confirmed in writing. A confirmed order can only be changed by the client with written consent and taking into account any conditions that may be imposed by HK-LEAN-Consulting.
4.3. The client will provide HK-LEAN-Consulting with all information necessary for the execution of the order in a timely manner.
6. PAYMENT TERMS AND INVOICING
6.1. HK-LEAN-Consulting's fee claim is due for payment 14 days after the invoice has been issued.
6.2. If the client is in arrears with a payment obligation or if circumstances arise that worsen the client's financial position or affect his creditworthiness, HK-LEAN-Consulting is entitled in this case to withdraw from the contract and / or to provide further services until full payment has been made hold back.
6.3. Insofar as there are no legal regulations to the contrary, the client can only offset claims from HK-LEAN-Consulting with undisputed or legally established counterclaims. The same applies to the exercise of the right of retention, including the rights from Section 369 of the German Civil Code (BGB).
6.4. The invoicing and collection for services from HK-LEAN-Consulting is carried out exclusively by the sole proprietorship Harald Kimmerle, Mozartstrasse 8, 73207 Plochingen. Only he is authorized to carry out billing and collection. Payments with a debt-discharging effect can only be made to HK-LEAN-Consulting. It is also entitled to assert the claims of the user in its own name and in court by means of arbitrary litigation.
6.5. In the event of early termination of the consulting or interim contract by the client, an invoice will be issued on the basis of the effort incurred and the preparation time.
7. LIABILITY, WARRANTY
7.1. HK-LEAN-Consulting and thus Harald Kimmerle is liable for the core service, the exercise of interim mandates and the advice of companies.
7.2. HK-LEAN-Consulting guarantees proper order processing in line with current industry standards.
8. FINAL PROVISIONS
8.1. The law of the Federal Republic of Germany applies, regardless of the nationality of the client and the location.
8.2. The place of jurisdiction is Esslingen aN
8.3. The invalidity of individual provisions of these general terms and conditions does not otherwise affect their effectiveness.
Plochingen, July 2021
Harald Kimmerle HK-LEAN-Consulting
Mozartstrasse 8, 73207 Plochingen