General Terms and Conditions
1. Contractual Subject
2. Confidentiality
3. Compensation and Due Date
4. Due Date, Default, and Late Payment Interest
All invoices are due immediately upon receipt and without deduction. The client will automatically be in default without any further declaration from SCS if payment is not made within ten days of the due date. In the event of default.
SCS is entitled to claim default interest of 9 percentage points above the base interest rate (§247 BGB).
SCS reserves the right to prove that a higher damage has occurred than that stated in clause 4, sentence 3.
SCS is entitled to claim default interest of 9 percentage points above the base interest rate (§247 BGB).
SCS reserves the right to prove that a higher damage has occurred than that stated in clause 4, sentence 3.
5. Liability
SCS is liable for intent or gross negligence on the part of its representatives or vicarious agents in accordance with legal provisions.
Otherwise, SCS is only liable for damages resulting from injury to life, body, or health or for the culpable breach of essential contractual obligations.
The claim for damages for the breach of essential contractual obligations is limited to the foreseeable, typical contractual damage unless another exception from sentence 2 of this clause applies.
The above provisions apply to all claims for damages (in particular, claims for damages alongside performance and damages in lieu of performance), regardless of the legal basis, whether arising from the breach of obligations under the contractual relationship or from tort.
They also apply to claims for reimbursement off utile expenses.
Otherwise, SCS is only liable for damages resulting from injury to life, body, or health or for the culpable breach of essential contractual obligations.
The claim for damages for the breach of essential contractual obligations is limited to the foreseeable, typical contractual damage unless another exception from sentence 2 of this clause applies.
The above provisions apply to all claims for damages (in particular, claims for damages alongside performance and damages in lieu of performance), regardless of the legal basis, whether arising from the breach of obligations under the contractual relationship or from tort.
They also apply to claims for reimbursement off utile expenses.
6. Termination
If the client terminates the contract and hires a candidate presented by SCS within six months of the termination notice, SCS retains the right to claim the full compensation that would have arisen without termination and upon a successful hire.
7. Statute of Limitations
The statutory limitation periods apply.
8. Written Form
All changes and additions to the individual contract must be in written form. This also applies to the waiver of the written form requirement.
9. Validity of These Terms and Conditions
Only these General Terms and Conditions (GTC) apply between SCS and the client. The client’s general terms and conditions will only apply if SCS has expressly agreed to them in writing.
10. Final Provisions
German law governs the legal relationship between the parties.
The provisions on service contracts in theGerman Civil Code (§§ 611 et seq. BGB) apply to the contractual relationship, insofar as these General Terms and Conditions are silent.
The sole place of jurisdiction for all disputes arising from the contractual relationship is Frankfurt am Main.
The provisions on service contracts in theGerman Civil Code (§§ 611 et seq. BGB) apply to the contractual relationship, insofar as these General Terms and Conditions are silent.
The sole place of jurisdiction for all disputes arising from the contractual relationship is Frankfurt am Main.