General Terms of Engagement (GTE)
(Status: May 2021, translation)
I. Scope
The General Terms of Engagement apply to all present and future engagements relating to legal advice and/or representation (mandates) between Gille Hrabal Partnerschaftsgesellschaft mbB Patentanwälte (GILLE HRABAL)and the ordering customer (Client), unless otherwise explicitly agreed in writing (text form) or required by law.
Engagements are issued to GILLE HRABAL, not to an individual partner or person working for GILLE HRABAL. An order may be placed in text form or by telephone.
II. Mandate conduction
The Client defines the services to be rendered by GILLE HRABAL through the order.
The mandate shall be carried out:
-
in accordance with the principles of proper professional practice,
-
by persons undergoing continuous advanced training,
-
taking into account relevant legal developments.
GILLE HRABAL is entitled to involve competent employees and specialized third parties, provided they are bound to confidentiality.
III. Remuneration
Remuneration (wages, expenses, and fees) is determined in accordance with an agreed remuneration agreement or GILLE HRABAL’s fee schedule.
The Client must remunerate services rendered and reimburse any fees disbursed. If continuation of an order is refused, GILLE HRABAL is entitled to invoice services rendered up to that point.
Remuneration is subject to periodic review and adjustment.
IV. Liability and limitation of liability
Liability is governed by the provisions of the Partnership Act and these Terms.
-
Liability of GILLE HRABAL for slight negligence is limited to EUR 10 million per mandate.
-
For damages due to incorrect professional practice, only the firm’s assets are liable.
-
This limitation does not apply to culpably caused damages resulting in injury to life, body, or health.
GILLE HRABAL maintains liability insurance exceeding the statutory minimum insured sum.
If the Client requires additional individual case insurance with higher coverage, GILLE HRABAL may arrange it, with the Client bearing the additional costs.
Claims for damages must be asserted:
-
within one year after the Client becomes aware of the damage and its cause,
-
and no later than five years after the event giving rise to the claim.
The claim lapses if no action is brought within six months after written refusal of compensation and notification of this consequence. The right to raise the plea of lapse of time remains unaffected.
V. Confidentiality
GILLE HRABAL is entitled and obliged to maintain confidentiality.
The duty of confidentiality applies to everything known in the course of a mandate and continues after termination. Exceptions apply where professional regulations or legal provisions require disclosure, or where disclosure is necessary to assert or defend claims.
Employees and all persons involved are expressly bound to secrecy.
VI. Communication and data protection
GILLE HRABAL uses modern communication forms (e-mail, cloud systems, mobile and VoIP telephony) for communication, storage, and data exchange, in compliance with professional and legal provisions, unless the Client expressly requests otherwise.
Details on data protection and handling of personal data are available at: www.dpat.de/datenschutz
VII. Applicable law, place of performance and jurisdiction
The engagement is governed exclusively by German law, excluding German private international law.
The place of performance and exclusive jurisdiction for all disputes arising from the client relationship is Düsseldorf, Germany.
VIII. Miscellaneous
If individual provisions of the GTE are or become invalid, the validity of the remaining provisions remains unaffected.
The invalid provision shall be replaced by a valid one closest to the intended objective.
Amendments or supplements must be made in writing and expressly marked as such. This also applies to the waiver of the written form.
Note
The legally binding version of these General Terms of Engagement is the German original, available at: dpat.de/amb.