General Terms and Conditions
Our General Terms and Conditions apply exclusively in the version available at the time of contract conclusion. By placing the order, at the latest by accepting our services after receipt of these terms, the client acknowledges their validity. Note: The German version is the legally binding version. The English text below is provided for information purposes only.
Section 1 Scope and Inclusion
These General Terms and Conditions apply to all offers, engagements, expert opinions, statements, examinations, inspections, investigations, laboratory services, consultations and other services of IGO Renewable Energy Claims GmbH towards entrepreneurs, legal entities under public law and special funds under public law. Conflicting or deviating conditions of the client only apply if IGO REC has expressly agreed to their validity in text form. These terms are made available to the client in text form before or upon contract conclusion, or referenced in the order correspondence with a permanently retrievable internet address. By placing the order, confirming in text form or accepting the services after receipt of these terms, the client acknowledges their validity. Individual agreements in the specific order take precedence over these terms, provided they have been expressly made in text form.
Section 2 Subject of the Contract
IGO REC provides its services as an independent and professionally non-bound expert company to the best of its knowledge and belief in accordance with recognised technical standards and the scope of services commissioned. Unless expressly agreed otherwise, the service owed is an expert service, not a specific economic, procedural or regulatory result. The specific scope of services results from the order, order confirmation, offer or other agreement documented in text form.
Section 3 Client Cooperation and Information Duties
The client must provide IGO REC with all documents, information and facts relevant to the execution of the order completely, correctly and in good time. This includes plans, files, contracts, invoices, measurements, operating data, prior damage information, correspondence, photos, receipts, access to objects and information on hazards, hazardous substances, contamination and other particular risks. The client warrants that the information provided may be used and that no third-party rights conflict with this. Delays, additional expenses and factual restrictions resulting from incomplete, late or incorrect information are not at the expense of IGO REC. Resulting additional costs are borne by the client.
Section 4 Service Execution
IGO REC is entitled to determine the manner of service provision at its own dutiful professional discretion, unless an express different agreement has been made. IGO REC is entitled to engage assistants, freelancers, external experts, testing laboratories and other third parties to fulfil the order, provided this does not violate the client's legitimate confidentiality interests. IGO REC is not obliged to verify facts, documents or information provided by the client for completeness, plausibility or accuracy without specific cause, unless this is expressly part of the order. If additional investigations, measurements, on-site appointments, laboratory analyses or other measures become necessary in the course of processing that go beyond the originally placed order, these are to be remunerated separately.
Section 5 Remuneration, Expenses and Due Date
The remuneration of IGO REC is governed by the individual contractual agreement, the offer, the order confirmation, an agreed fee schedule or, in the absence of an explicit remuneration arrangement, by the IGO REC billing rates valid at the time of order placement. Working time, travel time, waiting time, meeting time, preparation and follow-up, file study, evaluation, report preparation, photo documentation, laboratory and testing services and all other order-related activities are remunerated. Travel costs, accommodation costs, expenses, shipping costs, third-party services, external laboratory costs, fees and other expenses are charged separately unless otherwise agreed. Multiple clients are jointly and severally liable. IGO REC is entitled to demand reasonable advance payments and to issue partial invoices according to the status of services. Invoices are due immediately without deduction unless otherwise agreed in individual cases.
Section 6 Court, Authority and Other Subsequent Engagement after Completion of the Main Order
If IGO REC or an employee, officer or agent engaged by IGO REC is subsequently called upon by a court, public prosecutor's office, authority, arbitration tribunal or other body in connection with the subject of the expert order or the findings, assessments, investigations or statements obtained, as a witness, expert witness, source of information or for the explanation, supplementation, defence or confirmation of the order-related findings, this expense is deemed to be caused by the original contractual relationship and agreed as a separately remunerable additional service. The client is obliged to reimburse IGO REC for all time and costs arising from this at the billing rates agreed in the main order. This includes file and document study, preparation, internal coordination, written statements, travel times, waiting times, appointment times, follow-up, travel costs, accommodation costs, ancillary costs and other expenses. If no special billing rates were agreed in the main order, the IGO REC billing rates valid at the time of order placement apply. Any reimbursements or compensations from the judicial fund or other third parties are credited against the IGO REC remuneration claim, but otherwise leave the client's further reimbursement obligation unaffected. This provision applies as a substantial remuneration agreement and is automatically agreed upon order placement.
Section 7 Rights of Use and Purpose
Expert opinions, statements, test reports, calculations, photographs, measurement data, drawings and other work results of IGO REC may only be used by the client for the purpose intended in the order. Any further exploitation, transfer, publication, partial reproduction, advertising use or use in another procedure or for another subject requires the prior consent of IGO REC in text form, unless the permissibility already clearly results from the contractual purpose. Copyrights and other property rights to services created by IGO REC remain with IGO REC, as far as legally permissible.
Section 8 Confidentiality, Data Protection and Use of Anonymised Findings
IGO REC observes the applicable data protection regulations and treats non-obvious order-related information confidentially. However, IGO REC is entitled to use technical findings, damage mechanisms, test and measurement results, calculation approaches, methodological experiences and other professional matters obtained from the respective order for its own quality assurance, training, seminar, lecture, publication and further training purposes, provided this is done exclusively in anonymised, abstracted form and not traceable to natural persons, clients, policyholders, parties involved, specific objects, damage locations, file numbers, contract numbers or business and trade secrets, and no mandatory legal confidentiality obligations conflict with this. The client has no claim to refrain from such anonymised and abstracted use.
Section 9 Termination and Service Stop
Until the complete provision of services, the order can be terminated for good cause in text form. Good cause exists for IGO REC in particular if the client fails to provide required cooperation despite request, does not pay due advance payments or invoices, attempts to exert undue influence on the content or result of the expert activity, or conceals essential circumstances. In the event of termination or service stop, IGO REC is entitled to remuneration for services rendered up to that point and to reimbursement of expenses already incurred and unavoidable third-party costs.
Section 10 Liability
IGO REC is liable without limitation for intent, gross negligence, for damages resulting from injury to life, body or health and in cases where mandatory statutory liability exists. In the event of slightly negligent breach of essential contractual obligations, the liability of IGO REC is limited to damages typical for the contract and foreseeable at the time of contract conclusion, but limited in amount to 25,000.00 euros per order. Essential contractual obligations are those obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the client may regularly rely. Otherwise, liability for slight negligence is excluded. As far as legally permissible, IGO REC is also not liable for indirect damages, consequential damages, production losses, business interruption, lost profits, frustrated expenses or financial damages based on decisions of the client or third parties made on the basis of services provided by IGO REC. Liability for the substantive accuracy of documents, data and information provided by the client is excluded, unless IGO REC has expressly undertaken their verification.
Section 11 Limitation Period
Claims of the client against IGO REC arising from breaches of duty become time-barred, as far as legally permissible, within one year from the start of the statutory limitation period. Excluded from this are claims due to intent, gross negligence, due to injury to life, body or health, and claims for which the law mandatorily provides longer periods.
Section 12 Place of Jurisdiction, Applicable Law
The law of the Federal Republic of Germany applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods. The place of performance and, as far as legally permissible, the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is the registered office of IGO REC.
Section 13 Final Provisions
Should individual provisions of these terms be or become wholly or partially invalid, the validity of the remaining provisions remains unaffected. In place of the invalid provision, an effective regulation is deemed agreed which most closely corresponds to the economic purpose of the invalid provision. The same applies to any regulatory gaps.
Status: May 2026