GTC

General Terms and Conditions of
Dr. Lübke & Kelber GmbH

Our General terms and conditions shall be the basis for successful business relations with our clients. They will ensure certainty and predictability. They are regularly adjusted to statutory provisions. For us, they are the expression of a fair partnership.

1. Handling of offers

Our offers and notifications are intended exclusively for the client and must not be passed on to third parties without our prior permission in writing. Contravention of the above will result in liability to pay compensation amounting to the total of the agreed commission if the third party makes the deal.

2. Conclusion of contract

a. Commission has been earned by and is payable to us on conclusion of a notarised purchase contract or lease agreement (hereinafter reffered to as “Main Agreement”) resulting from the disclosure of an opportunity or the services provided by us. The entitlement to the commission is not affected even if the Main Agreement is concluded under conditions other than those originally offered or is concluded for a different property belonging to the specified contractual party, provided that the Main Agreement completed is economically equivalent to the business transaction originally offered (e.g. Share Deal/Asset Deal).

b. If the contract is concluded in our absence, the client shall inform us without delay as to the contractual parties and the respective conditions and terms of the contract concluded. The client is under obligation to provide us on request with an official copy of the respective contract.

3. Commission

The amount of the commission owed by the client after the conclusion of a Main Agreement is determined in the exposé or contract.

For the purchase of land, the commission to be paid is calculated on the basis of the agreed total purchase price and all related subsidiary amounts. If additional contractual services are agreed in relation to a property that is sold, and if such services relate to the economic exploitation of the property, e.g. building and architectural services or a lead consultant and general contractor contract (project planning), the economic value of the project planning shall be added to the total purchase price.

In the case that a building lease should be transferred, the commission will be calculated on the total purchase price; in the case that a building lease should be executed, the commission will be calculated on the basis of the ground rent for the building lease payable for the total duration of the building lease contract.

In the case that some or all of the shares of a company are sold instead of the property, the commission will be calculated on the basis of the total purchase price, including any company debts which have flowed into the purchase price calculation.

For rental and lease agreements the commission to be paid is a multiple of the net monthly rent. In the case that a graduated rent has been agreed upon, the average rent for the contractual period will be taken as the basis for calculation of the commission. For rent-free periods granted to the lessee, the rent to be paid following the rent-free period will be taken as the basis for calculation of the commission.

4. Anti-Money-Laundering-Check

We are legally obliged to undertake an Anti-Money-Laundering-Check. You are obliged to provide us with the necessary information and documents required by law and to give promptly written notice about changes therein.

5. Activity for the other contract party

We are entitled to work for the other contracting party, too, regardless of whether this is done on a paid or unpaid basis.

6. Exclusion of liability

The property details provided by us are, e.g. in the exposé, based on information received from third parties, namely the property owner. We therefore can accept no liability for their correctness, topicality or completeness. We accept liability only in case of wrongful intent, gross negligence, lack of guaranteed qualities and/or culpable breach of a cardinal obligation. In respect to companies, the liability is limited to standard and foreseeable damages. For damages which relate to health, human injury or loss of life, we shall be liable as the law states.

7. Claims for compensation

In case of client’s conduct in violation of the contract which deprives us of any entitlement to commission, we have the right to claim compensation, especially for factual expenses, on presentation of proof itemising each and every expense.

8. Data Protection

The client is notified in accordance with section 33 (1) of the Federal Data Protection Act (Bundesdatenschutzgesetz) that we processes personal data in compliance with the legal provisions. We declare that it complies with all applicable data protection requirements and that its technical equipment is configured accordingly. Our employees are placed under obligation in accordance with section 5 of the Federal Data Protection Act (Bundesdatenschutzgesetz).

The client accepts the use of e-mail in the context of the business relationship.

9. Consumer Arbitration

We do not take part in out-of-court settlement procedures offered by dispute resolution bodies.

10. Place of jurisdiction and applicable law

The place of jurisdiction is Frankfurt/Main. The Law of the Federal republic of Germany applies.

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