Terms and Conditions
In addition to the individual contractual agreements, the following general terms and conditions form the basis of the activities of Bilu Capital Verwaltungs GmbH (hereinafter referred to as Bilu Capital).
§ 1 Dual activity
Bilu Capital is entitled to work for the other side as well, subject to commission.
§ 2 Evidence
Evidence will be sent without obligation; Prior sale and rental or leasing are reserved. The information contained in Bilu Capital's offers is based on information provided by the respective client or third parties. Bilu Capital will try as far as possible to obtain the most complete and correct information possible about objects and contractual partners. Bilu Capital accepts no liability for the correctness and completeness of the information.
§ 3 Notification of prior knowledge
If the client is already aware of a contractual opportunity proven by Bilu Capital, he must inform Bilu Capital of this without undue delay and provide evidence upon request.
Section 4 Confidentiality
The offers and information sent by Bilu Capital are confidential and intended only for the respective recipient. Disclosure to third parties is only permitted with the prior written consent of Bilu Capital. In the event that a main contract is concluded to the exclusion of Bilu Capital due to a violation by the client of this confidentiality obligation, the client owes the commission as if he had concluded this contract himself.
§ 5 Obligations of the client
The client has to provide Bilu Capital with all information that could be important for the conclusion of the main contract. If direct negotiations are started between the owner and interested parties, reference must be made to the activities of Bilu Capital and the content of the negotiations must be communicated to it, provided there is no important reason to the contrary. The client must inform Bilu Capital immediately and provide evidence of when and under what conditions a main contract is to be or has been concluded for a property proven or brokered by Bilu Capital or with a prospective buyer proven or brokered by Bilu Capital.
§ 6 Commission entitlement, due date
The right to payment of the agreed commission arises if a main contract with the client, one of his family members or a third party close to him comes about as a result of a contract opportunity proven or brokered by Bilu Capital. The entitlement to commission also arises if the main contract comes about as a result of a contract opportunity proven or brokered by Bilu Capital during the contract period after the brokerage contract has ended. The entitlement to commission also remains if the main contract concluded is made under different conditions, as long as the economic success does not deviate significantly from the offer of Bilu Capital. Furthermore, the right to commission remains valid even if the contract that has come into effect is not implemented later, e.g. B. because the parties agree to its cancellation. A commission claim also arises if a different contract is created instead of a purchase contract, as long as the economic success does not differ significantly from the offer of Bilu Capital. The commission is due upon receipt of the invoice, which is only issued after the purchase contract has been concluded.
§ 7 Amount of commission
The commission for proof or mediation, unless otherwise agreed individually or in the exposé, corresponds to the customary local commission.
§ 8 Limitation of Liability
Bilu Capital's liability for damages is excluded, unless the damage was caused intentionally or through gross negligence by Bilu Capital or its legal representatives or vicarious agents, or the damage was caused by injury to life, limb or health, or Bilu Capital has expressly a guarantee for a specific property of the service has been assumed or the damage has arisen as a result of breaches of contractual obligations which are essential for the achievement of the contractual objective.
§ 9 Other conditions
The law of the Federal Republic of Germany applies exclusively to the brokerage contract. If a businessman commissions Bilu Capital as part of his business activity, the place of jurisdiction for all disputes arising from the contractual relationship is the seat of Bilu Capital. Should provisions of these general terms and conditions be wholly or partially ineffective or lose their legal validity, this will not affect the validity of the remaining provisions and the statutory provisions shall remain in force.
§ 10 Completeness, correctness and timeliness
All information is subject to change and is based solely on information provided to us by the customer. We assume no liability for the completeness, accuracy and timeliness of this information. Subject to error and prior sale.
