This Web site Peru Comercio is property of Peru Comercio.
§ 1 Inclusion of the General Business Terms
Our services are provided exclusively on the
basis of these General Terms - Terms and conditions hereinafter.
These terms are part of all agreements and contracts signed by
Peru Comercio.
They apply to contracts whose
object is to provide advice and execution services through Peru
Comercio to the client for planning, preparation and
implementation of entrepreneurial or professional decisions and
the representation of the interests of the client.
The Terms apply to future orders, even if they were not included
further in writing. These Terms and Conditions take precedence
over all business and performance conditions of the client
(defense clause).
Offers and information from
Peru Comercio made on the basis of the information provided by
the client. Tenders will be issued to the best of my knowledge.
They are non-binding. Peru Comercio accepts no liability for the
accuracy of the given hints and information.
§ 2 Contract award
These Terms are effective with the mandate to
grant Peru Comercio. A mandate may be given informally. The
mandate issue is part of these Terms and Conditions.
When in doubt, or in the absence of a written order applies, an
order is issued if the client needs to go in terms of the scope
of the contract and the circumstances of it, that the services
will be provided for consideration. Here, these Terms constitute
the basis for the usual remuneration.
§ 3
Services
Services of Peru Comercio are business-like
services. The contract covers the agreed consulting work or
service, not to achieve a particular economic success. The
services are provided by Peru Comercio, where the necessary
examinations, analyzes and the conclusions that have been drawn
up with the client. It is irrelevant whether and when the
conclusions and recommendations are implemented.
If Peru Comercio should also prepare a
detailed report, it must separately agree, whereas the report is
not a appraisal report, it provides only the essential content
of the process and outcome of counseling. Peru Comercio may use
to perform the contract independent contractor(s), where he
remains committed to the customer´s interests, but decides in
own responsibility which employees he uses or exchanges.
§ 4 Changes of services
Subsequent amendments and supplements to the
contract or the essential work results need to be in written
form. This also applies to any waiver of the written form
requirement. Minutes of meetings and project progress are valid,
provided they are signed by the authorized representatives of
both parties. Peru Comercio is obliged to execute subsequent
change request of the client, if this is possible without
additional costs or postponements. Otherwise Peru Comercio
shares within 14 days with details of the required additional
effort. If the client does not confirm the note of the change
within a further 14 days, the change request shall be deemed
revoked.
§ 5 Confidentiality / Privacy
Peru Comercio is obliged even after the
termination of the contract for all known business or
customer-related facts in connection with the execution, to
remain confidentiality. They may not be disclosed to third
parties nor use for themselves without the written consent of
the client. This also applies to written statements,
particularly job-related reports or recommendations.
Peru Comercio accepts it, all of it the
employed to carry out the contract to commit in writing to
comply with this provision. Peru Comercio is authorized to share
personal data entrusted to Peru Comercio in the context of the
process purpose of the mission in compliance with the data
protection provisions, or involve third parties. Parties are
committed to observing and complying with data protection
requirements and regulations.
§ 6 Duties of
the customer
The client is obliged to provide Peru
Comercio utmost to support and create all necessary
preconditions for the proper execution in the execution phase.
§ 7 Accounting services
Unless otherwise agreed, all fees listed
prices are in Euro plus travel costs, expenses and additionally
the VAT; this also applies to fixed-price offers.
The fees for services of Peru Comercio are calculated according
to the time spent on the job or as a fixed price agreed by a
contract. Other kind of services is fixed-price offers. Fixed
prices will be charged pro rata over the project period.
For larger projects may be required at a first order completion
rate of 25% of the estimated contract value before the project
starts. The payment of fees according of project success is
always excluded, unless expressly agreed in contract.
The agreed contract fee rates are applicable for the specific
project for a maximum of six months. All invoices and payable
elements of an invoice are for immediately payment without
deduction. The statutory VAT should be added to all prices and
shown separately in the invoice. Several clients (natural and /
or legal entities) will be jointly liable for the charged
amount.
All cost-intensive activities should
be submitted to the client in written or electronic form, which
must be approved by the client before starting such activity.
Specific marketing activities (eg advertising, internet or
newspaper ads) are initiated by Peru Comercio only after a
separate confirmation and order of the client. The cost of these
measures should be assumed entirely by the customer.
A similar rule applies for travel and accommodation costs for
longer periods than 2 weeks. This rule also applies to committed
third parties by Peru Comercio unless these are not resident in
the regional area of the project.
A set-off
against claims of Peru Comercio to remuneration and
reimbursement of expenses is permitted only with undisputed or
legally established claims.
§ 8 Warranty /
Limitation
Comercio Peru will execute all tasks with the
utmost international standard of care with respect of the
principles of professional consultancy and always taking care of
the individual situation and the needs of the client.
Comercio Peru warrants that the surveys and analyzes of the
client / company situation with regard to the project content
will be correctly reproduce and complete shown. Data supplied by
the customer or third parties will be checked for plausibility.
The studies to be derived will supply conclusions and
recommendations are given with best of our knowledge and
according to the rules of science and best practice. The
presentation of the recommendations made in a clear and
comprehensible manner.
Comercio Peru warrants
the use of duly trained and provided staff with the necessary
expertise for project and will support and supervise the
executed tasks of the contract.
The client has
the right to remedy any deficiencies. After two failed attempts
to rectify the affected client may demand a price reduction or
termination of the contract.
The client must declare the need to correct deficiencies in
written form without delay. Obvious defects shall be deemed
approved if they are not notified in written form within 4 weeks
after completion of the work.
The requirements
of the preceding paragraph shall expire upon the expiration of
six months after completion of the work.
§ 9
Liability
Claims for damages against Peru Comercio are
excluded if they are not based on intentional or grossly
negligent conduct.
Excluded from liability are
indirect damages or lost profits. In the contract with a
contractor's liability to typical and foreseeable damages is
limited to the extent they have not caused intentionally or by
gross negligence and to the extent they are not based on the
violation of essential contractual obligations.
Peru Comercio excluded all responsibilities based on incorrect
advice of the client, not completely submitted information or if
the client doesn’t meet its obligations to cooperate in content
or in time.
Contractual claim of the client
against Peru Comercio for damages will expire 2 years from the
claim has arisen.
§ 10 Protection of
intellectual property
The customer is responsible that the report
manufactured under the contract with Peru Comercio, organization
charts, designs, drawings, tables and calculations are used only
for its own purposes and not published without the express
permission of Peru Comercio.
The use of the
services provided inside a contract for a client requires a
separate written agreement. As far as work results are
copyrightable, Comercio Peru remains the copyright. In this
cases the customer will get only a limited, by the location or
time unrestricted, irrevocable, non-exclusive and
non-transferable right to use the work results.
§ 11 Termination and cancellation of the mandate
The contract may be terminated at any time
for important reasons; otherwise a notice period of 14 days to
the end of the month must be respected. The termination shall be
submitted in written form.
If the client
objects to terminate the contract, it´s billed as follows:
Depending on the work already done, in fixed-price contracts are
50, or 100% of the agreed amount, otherwise according to actual
time effort and material costs.
§ 12 Other
Rights under the contract with Peru Comercio
may be assigned to a third part only with the prior written
consent. The law of the Republic of Peru is to apply
for all arising claims from the contract.
Before treading the juridical way both parties should attempt
conciliation by one for both sides estimated trustworthy person
or institution. Only after failing the conciliation a legal
action is possible.
Changes and additions to
these conditions must be elaborated in written form, and must be
explicitly marked as such.
If there are any
provisions of these terms and conditions wholly or partly
invalid, the remaining provisions shall not be affected. The not
valid parts shall be immediately by legally valid formulations
which are by content expressing the substituted regulations.
Jurisdiction for all disputes arising from the contract is the
seat of Peru Comercio Trujillo Peru.
These Terms and
Conditions are valid starting on the 01.08.2013.
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