Imprint - Business conditions - Disclaimer

Imprint

This Web site Peru Comercio is property of Peru Comercio.

General Business Conditions 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 of responsabilities

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.

Disclaimer

1. Content

The author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected.

All offers are not-binding and without obligation. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by the author without separate announcement.

2. Referrals and links

The author is not responsible for any contents linked or referred to from his pages - unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site fromviewing those pages. If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages. Furthermore the author is not liable for any postings or messages published by users of discussion boards, guestbooks or mailinglists provided on his page.

3. Copyright

The author intended not to use any copyrighted material for the publication or, if not possible, to indicate the copyright of the respective object.

The copyright for any material created by the author is reserved. Any duplication or use of objects such as images, diagrams, sounds or texts in other electronic or printed publications is not permitted without the author's agreement.

4. Privacy policy

If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services are permitted - if and so far technically possible and reasonable - without specification of any personal data or under specification of anonymized data or an alias. The use of published postal addresses, telephone or fax numbers and email addresses for marketing purposes is prohibited, offenders sending unwanted spam messages will be punished.

5. Legal validity of this disclaimer

This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.