GTC
§ 1 Scope of Application
(1) These General Terms and Conditions apply to all contracts, deliveries, and services between the companies of the Felgenhauer Group (hereinafter referred to as "Contractor") and their clients.
(2) Any differing, conflicting, or supplementary terms and conditions of the client shall not apply, even if they are not expressly rejected.
§ 2 Subject Matter of the Contract
(1) The subject matter of the contracts includes, in particular, services in the areas of infrastructure, mobile communications, and fiber optic network expansion, project management, planning, construction coordination, documentation, quality assurance, and the operation and leasing of technical infrastructure (e.g., mobile communication sites).
(2) The Contractor's written description of services shall be the sole authoritative document.
§ 3 Offer, Validity of Offer, and Conclusion of Contract
(1) Offers are non-binding unless expressly designated as binding.
(2) Unless otherwise stated, offers are valid for 30 calendar days from the date of the offer.
(3) After the offer period has expired, the contractor is no longer bound by the offer.
(4) A contract is only concluded upon written acceptance of the offer or written order confirmation.
§ 4 Client's Obligations to Cooperate
The client shall provide all documents, information, permits, and access necessary for the performance of the services in a timely manner. Delays or additional costs resulting from a lack of cooperation shall not be borne by the contractor.
§ 5 Acceptance, Handover, and Transfer of Risk
(1) Services shall be deemed accepted as soon as they have been properly handed over to the client, documented, or made available for use in accordance with the contract.
(2) Additional internal or external approval by the client is not a prerequisite for acceptance, provided the service has been performed in accordance with the contract.
(3) Internal review, forwarding, or approval processes of the client shall not affect acceptance or the obligation to pay.
§ 6 Invoicing and Terms of Payment
(1) Invoicing shall take place immediately after handover of the respective services or parts thereof.
(2) Invoicing is not contingent upon formal release, final acceptance, or approval by the client or any third party.
(3) Invoices are due for payment within 30 calendar days of the invoice date without deduction.
(4) The client will be in default no later than 30 calendar days after the invoice date without further notice.
(5) The contractor is entitled to claim default interest at the statutory rate as well as the lump sum for default costs pursuant to Section 288 Paragraph 5 of the German Civil Code (BGB).
§ 7 Payment Terms in Business Transactions
(1) The Felgenhauer Group adheres to a uniform, partnership-based payment terms structure.
(2) Payment terms for clients are generally 30 calendar days from the invoice date.
(3) Payment terms of 30 calendar days also apply to suppliers and subcontractors, unless otherwise agreed in writing.
§ 8 Rights of Retention and Set-Off
The client is only entitled to a right of retention or set-off if their counterclaims are undisputed or have been legally established. In the event of late payment, the contractor is entitled to suspend ongoing services after prior notification.
§ 9 Additional Services and Supplementary Agreements
Services not expressly included in the agreed scope of services are considered additional services and will be remunerated separately. Additional services may also be provided through actual performance, provided they were objectively necessary.
§ 10 Liability
(1) The contractor is liable without limitation in cases of intent and gross negligence.
(2) In cases of simple negligence, liability is limited to the foreseeable damages typical for this type of contract.
(3) Liability for lost profits, business interruption, or indirect damages is excluded to the extent permitted by law.
§ 11 Warranty
The warranty period is 12 months from acceptance, unless a longer period is mandatory under applicable law. Defects must be reported in writing without undue delay.
§ 12 Force Majeure
Events of force majeure beyond the contractor's control release the contractor from its obligation to perform for the duration and to the extent of their impact.
§ 13 Confidentiality
Both parties undertake to treat confidential information confidentially even after the termination of the contractual relationship.
§ 14 Final Provisions
(1) The laws of the Federal Republic of Germany shall apply.
(2) The place of jurisdiction is – to the extent permitted by law – the contractor's registered office.
(3) Should any provision of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
As of April 15, 2026