Company for investment market research and business consulting
D – 81677 Munich, Germany
Phone: +49 (0) 89/419 418-0
Fax .: +49 (0) 89/419 418-88
Registered legal form:
Registered office: Munich
Registered office and court of registry: Munich Court of Registration, HRB 54238
Management: Dipl.-Wirtsch.-Ing. Zsolt Krémer
Our sales tax identification number: DE-129 476 115
Our tax number: 825/16053
Despite careful examination of the contents before the recording, we assume no liability for the content of external links. The content of linked pages is the sole responsibility of their operators.
Terms of Service
TECHNOMAR GmbH, Munich
for market research and consulting projects
(As of February 2010)
The following terms and conditions shall apply to all current and future market research and consulting contracts and their implementation, which the customer awards to Technomar. They shall not apply to cooperation with subcontractors.
If the customer uses his own business terms, these do not apply to the extent that they deviate from these terms or contradict them. In the case of conflicting clauses and in the event that the client claims a mandatory validity of his general terms, a common minimum is determined. If this is not possible, the divergent clauses will not become a contractual component. The contents of the contract are then determined according to the individually agreed contractual conditions or according to the legal regulations. In the case of deviating or supplementary agreements to these General Terms and Conditions, Technomar’s written consent is always required.
Technomar carries out its activities in accordance with the professional principles and standards of market and social researchers. Technomar supports the client in his decisions, which he always meets himself. The content and scope of the services to be provided by Technomar are the respective individual contract and, in the case of aspects not contained therein, these ABGs are decisive.
Offers offered by Technomar to its customers include the specific task, the services to be rendered, the time needed, the price to be paid and the payment methods. The customer will only receive the offer for the award of the contract. Unless otherwise agreed, the contents may only be published or distributed to third parties only with the written consent of Technomar. The price quoted in the offer is valid for three months from the date of the offer, unless otherwise agreed in the offer.
Technomar shall only accept orders for which the customer discloses the investigation objective at the latest when placing the order. Exclusivity for certain research areas, product areas, regions or examination methods is only granted by Technomar in conjunction with an express written agreement. For the duration of the exclusivity, an additional fee, which may be charged, must be specified. Amendments to the contract after the award of the contract require a written agreement between the parties.
The price stated in the offer covers in principle all services offered by Technomar for the execution of the order. Technomar may charge an additional fee for services which the customer requires. Additional costs, which Technomar is not responsible for and additional costs, which were not foreseeable during the order assignment, can be invoiced separately by Technomar.
The agreed price is used to finance the execution of the respective project. Unless otherwise agreed in writing, a deposit account is payable at 50% upon order placement, with the remaining 50% being due at the end of the project. In addition to the agreed price, Technomar will charge the statutory value-added tax in its respective amount. The price is payable 14 days after the invoice without any deduction. In the case of a delay in payment, Technomar is entitled to demand default interest of 8 percentage points above the base rate. Technomar reserves the right to retain the services in case of default.
Technomar carries out the order according to the current scientific methods of market and social research. If the project is not feasible for reasons which Technomar has not been able to meet and is not responsible for, Technomar shall immediately notify the customer. If both Contracting Parties can not find a solution to the problem, Technomar is entitled to return the project because of its impracticability. 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.