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1. Scope of these terms
1.1 The following terms form part of all, including future ,offers, confirmations of orders and contracts pertaining to the hiring out of staff as temporary workers.
1.2 Any divergent agreements and ancillary agreements are only valid if made in writing and signed by both the Hiring Agent and the Hirer.This also applies to any amendments to the clause requiring the written form.
2. Offer/Conclusion of the Contract
2.1 The Hiring Agents offers shall take the form of an invitation to submit an offer on the basis of these present terms of business.
2.2 Agreements must be in writing and only become binding upon the Hiring Agent when the latter has received a contract document signed by the Hirer.
3. Withdrawal from the contract/Release from performance obligations
3.1 The Hiring Agent may withdraw from the contract either partially or fully if and in as much as the hire of staff is continuously or temporarily impeded by exceptional circumstances. In particular such exceptional circumstances may include labour disputes, public service measures etc. No rights of withdrawal exist if the Hiring Agent is itself responsible for these exceptional circumstances.
3.2 If the Hirer gives notice in writing of his intention to withdraw from the contract within a period of 2 weeks prior to the commencement of the hire of temporary staff, the Hiring Agent reserves the right to invoice the Hirer for 10% of the original value of the order.If the Hirer gives notice in writing of his intention to withdraw from the contract within a period of 3 days prior to the commencement of the hire of temporary staff, the Hiring Agent reserves the right to invoice the Hirer for 25%of the original value of the order. The determining factor shall be the time at which the Hiring Agent receives the notice of withdrawal. The Hirer retains the right to provide proof that no loss has been incurred,or that the loss was less than the amount stated. The Hiring Agent may assert claims for increased losses.
4. Employment relations
4.1 The Hiring Agent is the employer of the temporary staff in accordance with the law pertaining to the hiring out of temporarystaff–Arbeitnehmerüberlassungsgesetz(AÜG).
4.2 During the period of employment the temporary staff shall be subject to the instructions of the Hirer. The Hirer may only allocate such tasks to the temporary staff as come within the scope of the contractually agreed activities. In particular the Hirer is prohibited from instructing a member of the temporary staff to handle or collect money or other forms of payment without the express written approval of the Hiring Agent.
5. Remuneration
5.1 If no other agreement has been expressly made, the stated rates shall apply subject to confirmation and without surcharges.
6. Payment
6.1 If no other arrangements have been made, accounts shall be submitted at the end of each event. Accounts shall be based on the record of the time worked by the temporary hired employee, signed by the Hirer.
6.2 The total amount plus statutory value added taxis payable upon receipt of invoice without any deduction.
7. Warranty/Liability
7.1. The Hirer shall be liable in accordance with statutory regulations for damages incurred through loss of life, physical injury or impairment of health.The same applies to liability due to a lack of warranted characteristics and to liability in accordance with the Product Liability Law.
7.2. The Hiring Agent is liable in full for damage or injury resulting from his own intentional or grossly negligent actions or those of his statutory representatives or managerial employees.
7.3. On the merits of the case, the Hiring Agent is liable for
damage or injury resulting from the gross negligence of its regular employees. The amount of the liability shall be limited to such damage or injury that could typically be expected to occur under contracts of this type.
7.4 In all other respects the liability of the Hiring Agent is excluded. In particular the Hiring Agent shall not be liable for the execution of the work by the temporary hired employee or for damage or injury caused by the latterin the performance of his work.The Hirer is obliged to exempt the Hiring Agent from all claims by third parties in connection with the execution and performance of the work assigned to the assigned employees.
8. Legal venue and applicable law
If the Hirer is defined as a merchant (Kaufmann), the sole legal venue for all disputes in connection with this present contract shall be the Hiring Agent´s domicile.This shall also apply in all matters pertaining to bills of exchange, to actions concerning the payment of cheques and summary procedures. The law of the Federal Republic of Germany shall apply.
9. Partial invalidity
If any part of these provisions is or becomes invalid, the validity oft here maining points shall remain un affected. An invalid provision should be replaced by one that most accurately fulfils the purpose of the invalid provision. The comprehensive General Terms of Business areavailableon request.