General Terms and Conditions of König Immobilien Service

preliminary remark

We, at König , devote ourselves to fulfilling our brokerage orders with the greatest care and in the interests of our clients. Our work is based on §§ 652 ff. BGB, in accordance with the generally recognized commercial principles and in compliance with the professional rules of our profession. In legal transactions with our clients, we also apply the "General Terms and Conditions" ("GTC") printed here.

§ 1 Confidentiality

All information and documents provided by us, including our object references and/or related information (hereinafter referred to as "information") are intended exclusively for our clients and may only be passed on to third parties with the written consent of König. The clients may only use the information for the purpose specified in the contract. In the event of unauthorized disclosure and/or non-contractual use of the information, we, the König company, are entitled to a contractual penalty in the amount of the agreed commission. We reserve the right to assert further claims for damages.

§ 2 Prior knowledge

If our offer is already known, we must be informed of this within seven days of receipt and the source must be verified.

§ 3 data protection

The client expressly agrees that König is authorized to process the necessary personal data of the client in accordance with the statutory provisions in order to fulfill its obligations.

The collection and processing of your personal data takes place on the basis of

Provision of Art. 6 Para. 1 b) and c) GDPR for the implementation of pre-contractual measures

(e.g. preparation of an offer), for the purpose of any subsequent

execution of the contract and to fulfill legal obligations.

1

If this personal data is not collected, the above-mentioned purposes cannot be achieved

not or not completely possible.

Your data will only be transmitted to third parties if this is necessary for the above purposes

is necessary for you (e.g. tax consultant, postal service provider, material testing office). Provided

there are no special legal (e.g. tax law) storage obligations,

the data will be deleted as soon as they are no longer required for the above purposes.

Records and reports are according to § 14 SVO of the Chamber of Crafts South Westphalia

to be retained for ten years.

§ 4 Conclusion of Contract / Commission

Our commission claim is earned as soon as the main contract (rental/purchase contract) has come about through our mediation and/or on the basis of our proof. The commission is payable seven days after the invoice is issued. Our claim to commission is not affected by the fact that the main contract is concluded under different conditions, provided that the economic success does not deviate significantly from our offer. The commission rates are based on the usual commission rate at the location of the property, unless another commission rate has been expressly agreed in the main contract.

§ 5 Limitations of Liability / Compensation for Damages

Our offers and information are based on information provided to us by third parties. Unless expressly agreed otherwise, we do not check them and assume no liability. Excluded from this are claims for damages by the customer resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the company, its legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. Insofar as the liability of the company is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents. If the customer violates his contractual obligations, we are entitled to compensation for expenses, costs and time incurred as a result. The limitation period for asserting claims for damages and reimbursement of expenses is three years.

§ 6 Information obligations of the client

We have the right to be present when the contract is concluded; the customer is obliged to inform us in good time about the place and time. The client is obliged to inform us immediately about the conclusion of a main contract and to send a copy of the contract. If the client refrains from his contractual intentions, he is obliged to inform us immediately in writing. If direct negotiations are started as a result of our verification and/or mediation activities, reference must be made to our activities. The content of the negotiations must be communicated to us in writing without being asked and without delay.

§ 7 Dual activity

The company is also entitled to work for the other contracting party on a commission basis.

§ 8 Final Provisions

Should one or more of the above provisions be or become invalid, this shall not affect the validity of the remaining provisions. An ineffective clause or a loophole is to be replaced by a regulation that comes as close as possible to the wishes of the parties. Place of performance and place of jurisdiction for registered traders is Düsseldorf. Cancellation, amendment or additions to these GTC, the brokerage contract or this written form requirement must be in writing. The law of the Federal Republic of Germany shall apply to this contract, excluding the UN Sales Convention.

Terms and Conditions (GTC)

Freelance expert Marco König

Subject of the contract

1. The subject of the contract is in the order placement / order confirmation

stated task of reporting.

2. The sole reason for commissioning the expert is the purpose specified in the order. The client is obliged to provide the expert with precise information about the purpose of use and to inform the expert immediately in the event of a change. Terms and conditions of the client that deviate from these General Terms and Conditions only apply if they are expressly signed by the expert.

Rights and obligations

1. The order for the preparation of an expert opinion is carried out by the expert according to the

applicable principles impartially and to the best of our knowledge and belief.

2. The expert is not bound by the client's instructions if these result in incorrect content of the report.

3. The expert can, without a special consent of the client,

arrange the following things necessary for the execution of the order:

Inspections, necessary examinations, laboratory tests, photos, sketches, travel up to a distance of 70 km (from the expert's office address).

Customer's obligation to cooperate

The client is obliged to provide all necessary for the expert, as well as

to provide the required documents in good time and free of charge. He has to support the expert in his work and give him access to the

allow assessment object. The client is obliged to

Experts to be informed immediately of changes that are relevant to the report.

assistants

The expert is obliged to prepare the report personally. However, if it is necessary for the execution of the order, the expert can call on assistants at his own discretion. Any costs incurred for assistants or laboratory tests are to be paid by the customer without prior consultation with the expert. This applies up to a value of € 250 in individual cases. but no more than 10% of the order amount.

If higher costs are incurred, these must be agreed with the client.

Other experts

In principle, other experts can only be called in after consultation with the client. The customer bears the costs for this. The expert is not liable for opinions or results of other experts or expert appraisers.

Appointment

The expert must prepare the report in a time that is reasonable for him.

Appointments are only valid if they have been assured to the customer in writing.

confidentiality

1. Within the framework of his expert work, the expert is obliged not to pass on to third parties the personal and business secrets entrusted to him. He also has to maintain secrecy about facts that are not obvious.

2. The expert is then to reveal the secrets entrusted to him

authorized if this is due to legal regulations or if the customer has expressly released him from his duty of confidentiality.

copyright

1. The client may only use the expert opinion he has commissioned for the purpose specified in the order.

Duplication and publication of an expert opinion are only possible if the expert has expressly given his written consent.

2. The expert has the copyright to the report he has prepared.

obligation to provide information

The client has the right to demand information from the expert as to whether the report can be completed on time, whether additional funds are required from the client in addition to the initially agreed expenses, and about the latest status of the report.

Compensation of the expert

1. The basis for the remuneration of the expert are the relevant

Provisions of the BGB, the corresponding provision in these terms and conditions, as well as the

agreements made in the expert contract.

2. The expert can demand advance payments for the services and expenses required of him. The amount of the ordered advance payment is to be specified in the respective appraisal contract. The expert is entitled to take action only after receipt of the advance payment.

3. The expert has the right to charge the client for the expenses incurred that are necessary for the preparation of the expert opinion.

4. The full fee is due before the expert opinion is handed over to the client or a person named by him. Advance payments that have already been made are to be deducted.

5. The expert's fee calculation can be fixed either according to the object value

are agreed or, in the case of court reports, are based on those in JVEG Bauwesen 4.3

6. In individual cases, the expert can exceed these fees by up to 30% if only partial services are required of him, an extensive study of literature is required or a special commitment of the expert is required (e.g. work on public holidays, urgency).

7. The services of the expert, as well as expenses incurred by the expert in

Invoices are subject to the currently valid statutory value added tax.

payments

1. Payment can be made in cash, by EC card or by invoice

2. In the case of room air samples, the total amount must be paid on site.

3. The appraiser has the right to send the report or the appraisal only after the invoice has been paid.

4. In the case of expert opinions without laboratory samples, the invoice amount is due on the date of the invoice or when the expert opinion is handed over. In principle, the invoice amount is to be paid without deduction upon receipt of the invoice. If the expert's invoice is not paid on time, the client is responsible for the damage caused to the expert as a result of this delay. Furthermore, the expert is authorized to demand the statutory interest on arrears (§288 BGB).

Liability

1. The expert is only liable for intent and gross negligence. Independently

whether it is contractual, non-contractual or statutory

basis of claim.

2. The expert is liable for damage caused by a defective expert opinion

based - for whatever legal reason - only if he or his

vicarious agents who caused damage through intentional or grossly negligent breach of duty. This also applies to damage caused by the expert when preparing his report, as well as to damage that arose after subsequent performance. §939 BGB remains unaffected. All further claims for damages are excluded.

3. If the client passes the expert opinion on to third parties, he takes over

personal liability for damage to third parties arising from the expert opinion. He releases the appraiser accordingly from liability claims of third parties.

termination

1. Termination of the appraisal contract is only possible for good cause. the

Notice of termination must be given in writing.

2. An important reason for termination is if the expert grossly violates the obligations incumbent on him according to the expert regulations.

3. An important reason for termination is, among other things, if the customer

does not comply with the obligation to cooperate, refuses to consent to inspection or does not give the expert access. Furthermore, is considered more important

Reason for termination if the client hinders the expert in his work or does not change his behavior in breach of duty due to a reminder from the expert.

Place of fulfillment

The place of fulfillment is the registered office of the expert.

Final Provisions

1. If a provision of this contract is void due to legal regulations, the validity of the remaining provisions of this contract shall not be affected. Invalid provisions can be replaced by provisions that come closest to the intended purpose and are legally permissible. The contracting parties undertake to accept such a replacement provision.

2. Changes or ancillary agreements to this contract must be made in writing.