1. scope of application
We, Franz Partners Rechtsanwalt Franz & Kollegen, are a law firm with our administrative headquarters at Königsallee 30, 40212 Düsseldorf, Germany. These terms and conditions form the basis of all mandates entrusted to the law firm, insofar as the client is acting as an entrepreneur, i.e. in the exercise of his commercial or independent professional activity, when concluding the contract.Mandate agreements are concluded exclusively with the lawyer's company and not (also) with the lawyers affiliated with it; this does not affect any power of representation of the individual lawyers in legal transactions granted to them at the time of conclusion of the agreement or any power of attorney for litigation or proceedings granted to them.
2. execution of mandate
Our assignment is possible informally. We are entitled in individual cases to refuse to accept a mandate, for example in the event of a conflict of interest with existing mandates.In order to fulfil our obligations, we are entitled to communicate with third parties in client matters also by e-mail and fax.The client participates in the execution of the respective assignment by providing us with comprehensive information on the facts of the case. He will inform us about any change of residence or longer absence and, as far as possible, which other accessibility is guaranteed. Insofar as the lawyers are informed of a fax connection or an e-mail address, the client guarantees that third parties will not have access to these means of communication without his consent, so that mandate-related messages can be transmitted there.
3. remuneration of the lawyers
The remuneration of the lawyers shall be determined in accordance with a separately agreed remuneration agreement, otherwise in accordance with the statutory provisions. In the case of remuneration in accordance with statutory provisions, remuneration shall normally be based on the amount of the object value.
The client may only set off his own claims against those which are undisputed, recognised by us or legally established. These restrictions shall not apply if the claim originates from the same contractual relationship as our claim against which set-off is to be made.
4. secrecy
We and our employees are bound to secrecy with regard to all circumstances becoming known within the scope of the mandate; in this respect we and our employees are entitled to a right to refuse to testify in the event of a legal dispute.
5. under mandate
We shall be entitled to subcontract other lawyers or tax advisors if this appears appropriate for the appropriate processing of the mandate (e.g. when appointing an appointment representative before distant courts). Insofar as this entails higher costs than our own processing, we will obtain the client's prior consent.
6. limitation of liability
Our liability for damages based on simple negligence is limited to € 1,000,000.00. In the event that the client wishes a further release from liability in an individual case, we will arrange appropriate insurance coverage at the client's expense in accordance with a separate written agreement. In these cases, our liability for ordinary negligence shall be limited to the amount of the further insurance sum. The above shall also apply to breaches of duty by our vicarious agents and in their favour.
7. several clients
If several (natural or legal) persons are clients, they are jointly and severally liable for claims arising from the lawyer's contract.
9. final provisions
All mandate agreements are subject exclusively to German law to the exclusion of the conflict-of-law rules of international private law.
Conflicting general terms and conditions of the client shall not become part of the contract unless their validity has been expressly agreed in individual cases; this shall also apply if the client's general terms and conditions of business contain provisions on issues which are not covered by these general terms and conditions of mandate.
Franz Partners Rechtsanwalt Franz & Kollegen, Düsseldorf, Germany
Status: 1. February 2022