§1 Scope of Application
(1) These General Terms and Conditions are valid as of May 1, 2013, and apply to all services provided by the contractor (I AM HYDRO). Deviating terms and conditions of the client are invalid. We only accept orders under the following conditions and execute them accordingly. Deviating declarations or conditions from the client are not valid, even if we do not expressly object to them. Deviating agreements require written form. Contracts based on these General Terms and Conditions are classified as service or work contracts according to the German Civil Code (BGB). If consulting contracts or offers contain written provisions that differ from the following general terms, the individually offered or agreed contractual terms take precedence over these general terms.
(2) Orders given to us, including by phone or email, are binding for the client but only binding for us after our confirmation. The scope of our services is defined by our order confirmation. If additional services are ordered afterward, we will only execute them if we confirm them as well. The mutual exchange of documents via email meets the requirement for written form.
§2 Client’s Duty to Cooperate
(1) The client is obliged to provide us with the information necessary for the proper execution of the order. This includes, for example, access rights to properties or regulations in protected areas. If it becomes apparent before or during the order’s execution that the information provided is insufficient, we will notify the client immediately. We are not liable for damages resulting from the client’s failure to fulfill this obligation. The client is required to inform us in a timely manner of any special hazards or risks at the site before work begins.
(2) Any materials provided by the client must be in a condition that complies with recognized rules and the state of the art. This does not relieve us of the necessary checks before commissioning. Defects in the equipment will be reported to the client.
§3 Intellectual Property, Copyright, and Data Security
(1) For orders, we use publicly accessible technical and methodological knowledge, knowledge acquired from other sources, and knowledge and methods developed and adapted by us for specific client conditions. If we adopt technical and methodological knowledge from other sources, it is declared as a citation.
(2) We claim copyright on all documents we create, except for declared elements (see paragraph 1).
(3) The use of our documents, whether for commercial or non-commercial purposes, is only permitted with our express consent.
(4) The rights to data obtained on behalf of the client lie with the client unless otherwise declared. Knowledge and methods derived from this data are expressly excluded unless they are explicitly the subject of the contract. The client agrees to grant I AM HYDRO priority in negotiations for data usage rights if interested.
(5) We will treat information provided to us confidentially, even after the individual order is completed. Documents handed over to us will be returned to the client upon order completion. Client data will not be shared with third parties. The client assumes responsibility for the preservation of data after the order is completed. We are committed to securing all project-relevant data for the duration of the order. This commitment ends with the project’s completion. Unless requested in writing by the client before the project ends, project-relevant data will not be stored beyond the project period.
(6) I AM HYDRO reserves the right to store all project-related data, including data held by the client, for the project duration. This storage is done voluntarily and without creating any rights for the client. We commit to using any stored data exclusively for further projects, unless otherwise agreed. This explicitly includes projects for the purpose of contract acquisition, even if not initiated by the client.
§4 Compensation
Our compensation is based on the type of expenditure. We commit to attaching proof of performance to our invoice. If the client does not object to the contents of the performance record within 10 working days after receipt, they bear the burden of proof that our (partial) services were not rendered. We reserve the right to issue partial invoices for partial services, also accompanied by proof of the partial services rendered.
§5 Liability and Warranty
(1) We commit to executing orders to the best of our knowledge and ability, considering known technical specifications and information according to applicable rules and the state of the art. The contractor is liable to the client for property and personal damages only in cases of intent and gross negligence per §823 BGB. The liability limitation also extends to third-party claims included in the contract’s protective scope. The contractor is liable to the client for financial losses and lost profits due to planning or execution errors only in cases of intentional or grossly negligent conduct.
(2) We are committed to insuring our services to the best of our ability. We are not liable for financial losses and/or lost profits beyond our business liability insurance’s coverage amount. We are only liable for gross negligence and intent. This liability limitation also applies to third-party claims included in the contract’s protective scope. If we are prevented from fulfilling the order due to reasons beyond our control, the client is entitled to withdraw. The client’s compensation claims are excluded to the extent legally possible.
(3) In the event of delays or failure of services or partial services caused by force majeure (especially adverse weather conditions), the contractor (I AM HYDRO) has the right to extend the order by an appropriate amount of time to fulfill its obligations. If this is not possible, I AM HYDRO shall not be liable. In this case, however, the client will be granted a special right to terminate the affected service. Services not affected by this remain explicitly excluded. Deviating agreements must be documented in writing at the start of the order.
(4) If measurements are conducted for the client over a period during which permanent on-site personnel presence is unreasonable, we commit to checking the proper functioning of installed equipment within a reasonable timeframe and with reasonable effort. We are not liable for damages as per paragraph 3 caused by external circumstances (especially weather, animals, and third parties) during this period.
(5) If the client assigns us a task related to their equipment (maintenance, measurement, etc.), we are not liable for any damage caused by external circumstances, including damages caused by third parties, animals, or nature.
§6 Expenses, Payment, and Reimbursement
(1) If the contractor incurs project-related costs on behalf of the client, these expenses will be listed in a separate invoice, payable immediately in full. Copies of all original receipts will be attached to the invoice for expense breakdown.
(2) Payment is due immediately upon receipt of the invoice without any deduction. After 14 days, a reminder will be sent. After 21 days, the first reminder will be issued with an 8% interest on late payments. After 30 days, a second reminder and notice of a collection order will follow. We reserve the right to additional interest and fees.
(3) Meals, if not provided by the client, will be invoiced based on daily allowances: €28 per day. If services are provided, meals will be invoiced as follows: breakfast at 20% (€5.60), lunch at 40% (€11.20), and dinner at 40% (€11.20).
(4) For travel by private car, €1.00 per kilometer driven will be charged. Travel by DB (train) will be billed in 2nd class without a rail card. Public transport will be billed based on ticket price. For rental vehicles, full insurance with a maximum deductible reduction up to €500 will be sought.
(5) For fieldwork exceeding one workday, hotel accommodation must be provided. The client bears the cost of the hotel (excluding hotel bar, minibar, and media). A single room is required. Travel days over 4 hours up to 8 hours will be billed at 50% of the daily rate. Travel days over 8 hours will be billed at a full daily rate.
§7 Cancellations
(1) A cancellation 5 days before the start of the order incurs a 50% cancellation fee. A cancellation 2 days before the start incurs a 75% fee. A cancellation 1 day before the start or shorter incurs a 100% fee.
(2) After the start of the order, it can only be canceled with our express consent. This requires written form.
§8 Miscellaneous
(1) The reference to the General Terms and Conditions on the internet (on our website www.iamhydro.com) is considered equivalent to postal delivery, regardless of whether this reference was provided by post, email, or other electronic means. Unless the client explicitly objects, acknowledgment of the General Terms and Conditions online is assumed. If acknowledgment online is not possible, the client must inform us to receive a printed copy.
(2) The place of fulfillment is Sankt Georgen im Schwarzwald, Germany.
(3) The court of jurisdiction for all disputes is Villingen-Schwenningen.
(4) The applicable VAT applies to domestic orders.
(5) For order amounts over €10,000, the client is required to make a 40% advance payment of the order sum.
§9 Final Provisions
Any changes, additions, or partial or complete cancellation of these contractual terms require written form to be legally effective, including the change or cancellation of the requirement for written form. The place of jurisdiction for all disputes arising from this contract is Villingen-Schwenningen if the registered user is a merchant, a legal entity under public law, a special fund under public law, or has no place of jurisdiction in Germany.
Should any present or future provisions of these General Terms and Conditions be wholly or partially invalid or unenforceable now or in the future, this shall not affect the validity of the remaining provisions or additions to this contract. In place of an invalid provision, a regulation shall apply that comes as close as possible to the economic purpose of the invalid provision.