1. General / Scope of application
Our General Terms and Conditions apply exclusively. We do not recognise any conflicting or deviating terms and conditions of the customer unless we have expressly agreed to their validity.
The current version of our General Terms and Conditions can be found on the CPRS website (www.CPRS4U.de). By placing an order, the customer accepts our general terms and conditions in the version valid at the time the order is placed.
2. Contract offer / Conclusion of contract / Scope of services
Research orders are issued to CPRS by customers in writing, in electronic form or by fax and only become binding after written confirmation by CPRS.
CPRS offers are made either in writing, by fax or in electronic form. It describes the scope of the research in detail.
If no information regarding the validity of the offer is included, offers are valid for a period of 30 days, calculated from the date of preparation of the offer.
The search results are sent to the client in the form of search reports by e-mail, post or fax.
If there are delays in the delivery of the search results, CPRS will inform the client immediately.
CPRS’s search services are charged at the prices specified in the offer, even if the search reveals that no information is available.
Search services are provided based on technical availability of databases and other Internet sources. CPRS excludes any liability or compensation for losses or consequential damages resulting from delays in delivery due to technical non-availability or force majeure.
Orders for continuous research and surveillance research may be terminated by the Client and CPRS at any time with 14 days’ notice to the end of the month. Any notice of termination must be in writing to become effective.
3. Research services
CPRS uses various databases for its searches. There are contractual relationships with the manufacturers of databases that are not freely available, which regulate the research and dissemination of information from these sources.
No liability is assumed for the completeness, topicality and correctness of the information received from the database manufacturers. We refer here expressly to the Terms and Conditions of the respective data base manufacturer. This also includes the corresponding copyright rights.
The up-to-dateness of the search results depends on the databases used and their current status. CPRS selects the databases according to empirical values from previous searches in the relevant areas. If the customer wishes to search specific databases, this must be agreed upon when placing the order.
4. Use of research results / rights of use / copyrightse
The rights to the search results remain with CPRS, unless the rights of third parties are affected. A commercial republication or exploitation of the research results by the client requires permission.
The research results are only intended for the internal use of the client and may only be used for this purpose. Any use beyond this may infringe the rights of third parties.
The client indemnifies CPRS from all claims that database providers may make against the client due to illegal use of the search results.
In general, the copyrights of the database providers apply. These must be observed. The respective usage restrictions as well as warranty and liability regulations of the database manufacturers will be sent to the client upon request.
5. Liability
The service of the searches includes the procurement, processing and mediation of information. CPRS will carry out the research to the best of its knowledge and belief with the greatest care. A guarantee for the correctness of the external data cannot be taken over.
CPRS is only liable for proper research and evaluation. We exclude any liability for incorrect information in the databases, e.g. indexing errors, etc. or incorrect transmission from the databases. A liability for the completeness or topicality of the information of the databases or other sources is also excluded.
CPRS is not liable for delays in delivery or non-feasibility of orders due to technical unavailability of databases, Internet or in the event of force majeure.
CPRS is liable unlimited in cases of intent and gross negligence. In all other cases, liability is excluded to the extent permitted by law. This applies in particular to indirect damages such as loss of turnover, loss of profit, consequential damages, etc..
As far as main performance obligations of CPRS are concerned, to which the aforementioned exclusion of liability does not apply, the liability of CPRS is limited to the foreseeable damage and as far as permissible to the amount of five times the sum of the offered net price.
6. Defects / Notification of defects
Research results must be checked immediately by the client and any defects must be reported immediately. If the research result provided is defective, the customer shall be entitled to demand subsequent performance in the form of rectification of the defect. A defect does not exist if the client has given an inadequate description of the research topic when placing the order and has not clarified this on request. The limitation period for warranty claims is 12 months, calculated from the delivery date.
7. Prices
The prices quoted in our offer are decisive, plus the statutory value added tax applicable at the time of invoicing as well as any costs incurred for packaging, transport and freight insurance when the research results are sent by postal service.
Since we have no control over the pricing of the database providers, we reserve the right to make price adjustments on invoicing in the event of any changes in database costs.
8. Invoicing / Terms of payment
For larger invoice amounts or cost estimates, one or more advance payments can be agreed with the customer.
Unless otherwise agreed in the contract, invoices are due for payment within 30 calendar days of the invoice date.
Payment must be made without cash. We exclude the acceptance of bills of exchange.
9. Confidentiality / Nondisclosure / Data protection
Confidentiality and non-disclosure of personal data and of the subject matter and related information is assured by CPRS. The customer commits himself to keep all confidential information secret and to exercise the same care as with regard to his own information.
CPRS reserves the right to store order-relevant data in any form. Personal data of the client will be used exclusively for the purposes of contract processing, invoicing and customer support.
10. Miscellaneous
CPRS does not provide any legal advice. The search and the search report generally do not constitute an assessment or evaluation of a property right situation.
Place of performance is Dietzenbach/Germany.
If the contractual partner is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes shall be the court responsible for Dietzenbach.
The terms and conditions, all contracts and the entire legal relationship are subject to German law to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods.
Collateral agreements, amendments or supplements to contracts must either be made in writing or in electronic form.
Should provisions of these General Terms and Conditions and/or the contract be or become invalid, this shall not affect the validity of the remaining provisions.
The German version of General Terms and Conditions shall prevail.
Edition May 2024