Terms  General Terms and Conditions for Researches

The requests for researches given by the client will be referred by the European trademark attorneys Prehm & Klare (in the following: attorneys) in order to selected third research-services only. An extensive service of legal advice is not included in this contractual relation and must be negotiated explicit. For the request concerning the research our general terms and conditions will become an inalienable integral part of the contract for researches.

§ 1
Requests for researches will be issued by the client via attorneys-form online, by telephone or in written form. The results of the research will be delivered to the client as research-statements via Email. In case of an express-request for a research the results will be delivered via Email or via facsimile.

§ 2
The attorneys harking back to selected databases from research-services for the customers. The attorneys only select such services which they consider reliable. For the data delivered by third parties no responsibility will be assumed in consideration of sufficiency, topicality and accuracy. Because of the dependence of the providers of services of data bases on data delivery by the patent-/trademark offices a daily updated status cannot be ensured. Furthermore the paste of data in this data base can cause further lags. For the purpose of researches will be reverted to such sources, especially the internet, which could show gaps and could be subject to changes. Insofar no responsibility will be assumed for the research-statements in consideration of sufficiency, topicality and accuracy. Just as little the attorneys assure or assume responsibility that by research certain results can be generated.

§ 3
The rights in the results of researches are entitled to the client unless the attorneys are asserting a claim of lien and unless the rights of third are not affected.

§ 4
The client commits oneself in case of researches regarding to resemblance to control if the used research-terms has been selected in appropriate. In case that the client should argue on the research data based information, that the admeasurement of the research has to be extended the attorneys will arrange a further research to be done on behalf of the client without additional costs. The additional research results will be transferred to the client by E-Mail or facsimile. In case the client neglects the control of data and the immediate information the client indemnify the attorneys insofar from further service and any kind of possible liability caused by the fact that the research has not been extended.

§ 5
The liability of the attorneys based on the contractual relations between principal and agent caused by negligence is restricted for every individual case on Euro 1.000.000,00 under § 51 a I Nr. 2 BRAO.

The attorneys are not liable for information and data given by third persons, especially neither for completeness, correctness and topicality nor for the fact that information and data are free from rights of third parties or that the sender acts illegally by sending these information.

For interferences in the grid type network of the internet as well as problems of third persons with server and software the attorneys are not responsible and not liable. The services of the attorneys will be rendered how they are available without giving explicit or implicit warranties. In particular for the existence of intellectual property or other rights and the capability or applicability for a certain purpose a warranty will not be given.

The delivery and the mail order of the research result will be done at the own risk of the client.
The delivered results of the research abides in the ownership of the research-service provider. All copyrights are reserved. All services are meant for the own needs of the client alternatively in case of transfer of information for the own needs of his client. Reproduction, distribution and reprint for the purpose of commercial use are prohibited.

§ 6
Insofar data concerning editing time of a research-service has been made by the attorneys they have to be understanded as approximate values. If any lags in according to assignment of mission and transfer to the research-service provider conceivable, the attorneys will inform the client about the approximate delay of editing time.

In case of occurrence of force majeure or in case of delay or intermissions in the process of transfer of information for which supplier of information and telecommunication service provider are liable, the editing time is extending.
The attorneys refuse any liability for consequences which arise from a thereby deferred editing time.

§ 7
Unless something else is explicit agreed in writing, the information submitted to the solicitors are classified as confidential.
The attorneys as service provider pointing out to the fact that after § 33 Bundesdatenschutzgesetz personal data in the line with the implementation of the contract will be saved on data media, used and processed. Insofar the attorneys using the service of third parties for the producing of their own offered services the attorneys are entitled to disclose data of the client if this is necessary for implementation of the contract. The client agrees with that.

§ 8
Place of delivery for the service is Kiel (Germany).

§ 9
As address for jurisdiction Kiel (Germany) is agreed.

§ 10
All contracts are under German law. The partys agree that UN-Kaufrecht is excluded.

§ 11
The nullity of several terms of this general terms and conditions for researches has no influence on the other terms and on the particular contract on the whole. For this case the contractual partners committing themselfes to effect a legally effective regulation which is preferably similar to the volitional commercial immediately. All changes and supplements to these general terms and conditions have to be done in written form and have to be directed to the address last published to the contractual partner. An agreement which abolish the demand of written form in this regard has to be done in written form too.

These general terms and conditions for researches substitute all agreements and verbal agreements and regulate the relation between the parties completing unless supplements to the contract in written form will made which will be decleared as an integral part of the contract.