General Terms & Conditions FIVESTAR Group Vertriebs GmbH
Section 1 Prohibition of disclosure
All information, including the brokerage of the property by the FIVESTAR Group Vertriebs GmbH, in the following called the Agent is determined exclusively for the customer. The Customer is expressly prohibited from passing on the indications of or information about properties to third parties without the expressed approval of the Agent which shall be given in advance in writing.
If the Customer violates this obligation and if the third party or other persons to whom the third party for his part has passed on information conclude the main agreement, the Customer is obliged to pay the Agent the commission agreed with him plus VAT.
Section 2 Double activities
The Agent may be active both for the seller and also for the purchaser.
Section 3 Owner information
The Agent draws attention to the fact that the information about the property passed on by him originates from the Seller or a third party engaged by the Seller and has not been checked by the Agent for correctness. It is a matter for the Customer to check this information for correctness. The Agent, who only passes on this information, shall not assume any liability for its correctness.
Section 4 Limitation of liability
The Agent’s liability is limited to gross negligent or intentional behaviour inasmuch as the customer does not suffer any physical injury or loses his life through the behaviour of the Agent.
Section 5 Limitation
The limitation period for all claims for damages of the Customer against the Agent shall amount to 1 year. It shall commence at the point of time at which the action triggering the obligation for damages has taken place. If the statutory limitation regulations mean shorter limitation for the Agent in individual cases, these shall apply.
Section 6 Place of jurisdiction
If the Agent and the Customer are full business persons in the terms of the German Commercial Code, the company head office of the Agent is agreed as the place of performance for all obligations and claims originating from the contractual relationship as well as the place of jurisdiction.
Section 7 Escape Clause
If one or more of the above provisions should be inapplicable, the effectiveness of the remaining provisions shall not be affected. This shall also apply if, within a regulations a part is ineffective, another part, however, effective.
The ineffective provision shall be replaced between the parties by a regulation which most closely approaches the economic interests of the contractual parties and otherwise does not contradict the contractual agreements.