Terms & Conditions
NanoTech Consultancy – Germany
1. Scope of Application
1.1 These General Terms and Conditions (GTC) apply to all contracts, services, and consulting activities between NanoTech Consultancy ("Consultant") and its clients ("Client"), unless otherwise agreed in writing.
1.2 These GTC are an integral part of all offers and agreements, even if not expressly referred to again.
2. Services
2.1 The Consultant provides specialized consulting and technical services in the field of nanotechnology, including but not limited to analysis, technical assessments, strategic advice, feasibility studies, and on-site visits.
2.2 The scope, content, and timelines of the services shall be defined in individual agreements or statements of work (SOW).
3. Offers and Contract Formation
3.1 All offers are non-binding and subject to change. A contract is formed only upon written confirmation by the Consultant or by commencement of the service.
3.2 Changes to scope or duration of services must be agreed upon in writing.
4. Fees and Payment Terms
4.1 All prices are stated in Euro and are exclusive of VAT, unless otherwise stated.
4.2 Invoices are due for payment within 30 calendar days from the invoice date (Net 30), without deduction.
4.3 The Consultant reserves the right to request full or partial upfront payment, particularly for new clients or large-scale projects.
4.4 If payment is delayed, the Consultant is entitled to charge a late payment fee of 5% of the invoice total, plus statutory interest according to § 288 BGB (German Civil Code).
4.5 All bank charges and transfer fees are borne by the Client.
5. On-Site Visits and Client Responsibilities
5.1 On-site visits are subject to additional charges, which will be detailed in the offer or service agreement.
5.2 If a scheduled on-site visit must be rescheduled or canceled, the Client must provide at least 7 calendar days’ notice in writing.
5.3 If notice is not provided within this period, or if the Consultant arrives on site and is unable to perform the service due to:
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Unsafe working conditions,
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Inaccessible facilities, or
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Lack of necessary permissions or site readiness,
the Consultant reserves the right to charge the full on-site day rate plus any incurred travel and accommodation costs.
6. Client Cooperation
6.1 The Client shall provide all necessary information, access, and support required for the Consultant to perform its services.
6.2 Delays caused by the Client (including late delivery of documents, access restrictions, etc.) may affect timelines and do not reduce agreed fees.
7. Intellectual Property
7.1 All deliverables, documentation, reports, and analysis remain the intellectual property of the Consultant unless otherwise agreed in writing.
7.2 The Client is granted a non-exclusive, non-transferable right to use the deliverables for internal purposes only.
8. Confidentiality
8.1 Both parties agree to treat all confidential information obtained in the course of the collaboration as strictly confidential, even after termination of the contract.
9. Liability
9.1 The Consultant shall be liable only for damages caused by gross negligence or intent.
9.2 In cases of slight negligence, liability is limited to foreseeable and typical damages, and in any case capped at the total value of the contract.
9.3 The Consultant is not liable for indirect or consequential damages, including lost profits.
10. Termination
10.1 Each party may terminate the contract for good cause with immediate effect.
10.2 In the event of early termination by the Client without cause, the Consultant is entitled to compensation for services rendered and demonstrable expenses incurred.
11. Governing Law and Jurisdiction
11.1 These GTC and all contractual relationships are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
11.2 Place of jurisdiction for all disputes shall be the registered office of the Consultant, unless otherwise required by mandatory law.
12. Final Provisions
12.1 Should any provision of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a legally valid one that comes closest to the intended economic purpose.
12.2 Amendments and additions to these GTC must be made in writing.
Last Updated: [06/08/2025]
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