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DESIGN & DIRECTION
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© 2017 by TGM Lightweight Solutions GmbH All rights reserved
TGM undertakes to ensure that all confidential information concerning the customer or his employees to which TGM becomes privy in the context of its offered services will be treated as strictly confidential so as to protect the interests of said customer. All documentation which the customer provides in connection with consulting services and designates as being confidential will be safeguarded by TGM against unauthorized access. TGM’s contractual performance of an assignment will include returning all confidential documents associated with the customer project that were entrusted to TGM’s personnel by the customer. Both the customer and TGM will ensure that the statutory provisions concerning data protection are complied with by all project participants. This provision specifically applies to personal employee data, which will be forwarded to the customer for assessment. Neither TGM nor the customer may use each other’s name for advertising purposes without written permission. These obligations will already be valid at the time the request for quotation is made, and will continue in effect after termination of the assignment. If the customer so requests, TGM undertakes to have its personnel sign a corresponding confidentiality declaration.
The customer undertakes to support the work of TGM. In particular, the customer shall create all preconditions required for the proper implementation of the assignment, insofar as these lie within his sphere of influence. These obligations of the customer specifically include (without being limited to) the following:
Unless specifically agreed otherwise, the customer will ensure that all reports, presentations, programs and recommendations generated by TGM for the project will only be used for the customer’s own purposes. In case of default of acceptance, or of culpable violation of any other obligation to co-operate on the part of the customer, TGM shall be entitled to demand compensation for the damage incurred, including any additional expenses caused thereby. The right to assert further claims will be expressly reserved. TGM will not be liable for delay or for other damages, insofar as these were caused by the failure of the customer or its personnel to provide adequate information or support.
If the customer suffers proven damage as a result of work for which TGM is culpably responsible, the liability shall be limited – irrespective of the legal grounds – to the amount of the consulting fee invoiced and paid by the customer up to that point. This limitation of liability will not apply in cases of intentional conduct or gross negligence.
If individual provisions of these General Terms and Conditions should be invalid, ineffective or contestable, this shall not affect the remaining provisions. In this case, the parties undertake to replace the invalid provision by a valid one that comes closest to the economic purpose of the original provision.
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