General Conditions of Contract of the Company Brill Business Brokers (Brill Unternehmensmakler) registered trader (eK)
1. Brill Business Brokers eK wins vendors who want to sell their business / property and seeks buyers for these businesses.
2. Brill Business Brokers eK is either the seller commissioned by the company providing the conditions to convey to a purchaser, or commissioned by a buyer to seek an agreed search profile to convey purchase.
3. Brill Business Brokers eK is entitled to be paid working for both parties.
4. All offers are non-binding. The verbal and / or written information based of the seller or lessor derived data. Brill Business Brokers has no liability for accuracy or completeness. Brill Business Brokers is only liable for intent or gross negligence. Potential damages can be claimed within three years from the commencement of entitlement, but no later than three years after job completion.
5. All information is confidential and intended only for the recipient. Disclosure to third parties, particularly to economically or legally interconnected parties, strictly requires the consent Brill Business Brokers.
6. With an unauthorized disclosure to a third party (purchase, lease, contract of employment, etc.), the recipient is obliged to the Brill Business Brokers eK contractually agreed commission.
7. Buyers have to pay the commission fee based on the information in the relevant service agreement and /or confidentiality agreement at the conclusion of a main contract (purchase, lease, contract of employment, etc.) according to the information in the business profile. The defined percentage of the overall purchase price of the property includes any additional services and thereby costs of the buyer, the seller or a third person (eg, acquisition of land burdens, replacement of equipment, acquisitions, credit, etc.).
8. When renting or leasing, the commission is defined by the number of months rent excluding incidental expenses but including any ancillary services of the tenant (eg, release, etc.).
9. Brill Business Brokers eK reserves in the event of a sales tax increase provided that the period between the conclusion of the contract and the due date of the commission claim is more than four months.
10. The commission claim arises and is due upon conclusion of the main contract (purchase, lease, contract of employment, etc.), even so if the contract is signed after Brill Business Brokers activity. A conclusion of the main contract is legally also reached if only a proportion is sold. Or the transfer of rights to the object by change of legal status (eg full or partial transfer of corporate rights, building leases, etc.) is achieved.
11. A main contract is additionally defined as a comparable property of the seller or landlord, or a directly comparable purchase contract.
12. Direct purchase price payments will not be accepted by e K. Brill Business Brokers. They are only to be directed at the seller or his / her representatives.
13. The brokerage contract with the seller or buyer runs indefinitely if no contract term is fixed. The contract can be terminated within a period of 1 month to the end of the quarter by written notice.
14. Brill Business Brokers eK is entitled to be present at contract signature and to obtain a complete copy of the contract. If contracts are concluded without the participation of the Brill Business Brokers eK, the contractor and the purchaser or renter shall be asked to provide all documentation and proof of purchase at request.
15. Place of jurisdiction is Kempten, Germany.