Moser Götze & Partner Patentanwälte mbB
(Moser Götze & Partner)
1. Moser Götze & Partner is a partnership of patent attorneys with restricted professional liability according to § 8 (4) PartGG (German partnership law). These terms and conditions apply to all present and future mandates between Moser Götze & Partner and the client that are directed to a legal advice and/or representation, unless otherwise agreed upon in writing or dictated by law. Mandates are taken on by Moser Götze & Partner and not by individual partners. Subject of the mandate is the service agreed upon, not a legal or economic success. Information, advice and instructions by telephone are only to be taken as binding if they are confirmed in writing.
2. Moser Götze & Partner shall with all due care safeguard the clients' interests and shall carry out the orders received in a professional manner and in accordance with good professional ethics. Moser Götze & Partner will take all due care for a close and trustful working relationship with the client.
3. Moser Götze & Partner will keep all information in connection with a mandate secret and confidential, unless the client provides a waiver in writing. This obligation continues after termination of the mandate and also applies to employees of Moser Götze & Partner. The obligation does however not apply if legitimate interest of Moser Götze & Partner contradicts secrecy. In this sense Moser Götze & Partner's obligation to secrecy is waived as far as necessary for Moser Götze & Partner to cooperate with their liability insurance. The same applies to questions relating to Moser Götze & Partner fees. Moser Götze & Partner will not disclose reports, opinions or other written advice/information concerning results of their work to third parties without written consent of the client.
4. Moser Götze & Partner shall endeavor to carry out the order without any unnecessary delay. Fees and expenses are determined by agreement or by Moser Götze & Partner's schedule of fees or according to the appropriate rules of the German lawyers' compensation act (RVG), which is applied to patent attorneys in litigation cases. Moser Götze & Partner may ask for an advance payment when taking on the mandate in an amount of the expected fees and expenses and may deny the mandate if such advancement is not provided. The reimbursement is due after receiving the invoice; after 30 days default interest may be claimed. The client shall only be entitled to set-off against Moser Götze & Partners' claim in the event that the clients claim is undisputed or legally binding ascertained.
5. The client shall provide all relevant information in a timely manner so that the work can be carried out with all due care within the given time limit. In particular the client will provide Moser Götze & Partner with all information necessary to handle case, such that Moser Götze & Partner will be able to provide its services in due time. This also applies to all relevant information related to the case. Moser Götze & Partner keep the client informed of the status of the case in a timely fashion.
6. Documents prepared by Moser Götze & Partner will be submitted to the client for consideration and comments. It is understood that the client will check the material and the technical accuracy of such documents. If the client does not inform Moser Götze & Partner to the contrary, Moser Götze & Partner will assume that the client has accepted the documents as correct and complete.
7. Moser Götze & Partner is entitled to engage a third party for carrying out the order or part thereof under the same secrecy requirements as apply to Moser Götze & Partner. Moser Götze & Partner shall choose such third party with all due care. Moser Götze & Partner is however not responsible for work carried out by a third party outside Germany or work carried out by a third party assigned by the client.
8. If the client wishes to claim that a service carried out by Moser Götze & Partner is incorrect or has caused damage to him, he shall inform Moser Götze & Partner accordingly within reasonable time after he has noted or ought to have noted the error. A complaint must however be made no later than one year after the service comprised by the complaint was terminated. If the client suffers an economic loss due to negligence of Moser Götze & Partner, Moser Götze & Partner shall compensate for such proven loss up to a maximum amount corresponding to EUR 10,000,000 (ten million Euros). Moser Götze & Partner holds a liability insurance amounting to said maximum amount. If the client wishes higher insurance coverage, he must announce such before commencement of handling the case and the client shall bear the costs for such. Moser Götze & Partner is not liable for the completeness of conducted searches, especially for the third party databases used.
9. All communications will be sent to the address as last stated by the client. If Moser Götze & Partner is unable to reach the client because he has not properly informed of a change of address, Moser Götze & Partner will not take any steps to find out the new address. Moser Götze & Partner is not liable for a case which has lapsed in consequence thereof.
10. In addition to these general conditions the German Patentanwaltsordnung (German Patent Attorney Bar Association rules) and the guidelines for the profession of the German Patent Attorneys shall apply.
11. The inadmissibility or impossibility of one or several of these general terms and conditions does not affect the validity of the other terms and conditions. In this case each party can ask for a regulation that comes close to the economic purpose of the inadmissible or impossible regulation.
12. Any dispute arising between the client and Moser Götze & Partner shall be settled before the regional court of Düsseldorf, Germany. German substantive law is applied to these General terms and conditions.