DEER management GmbH
Maximilian str 18.
Telephone: +43 664 855 4414
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DEER management GmbH has made every reasonable effort to ensure that the information provided on this website is accurate and complete at the time of providing it.
Nevertheless, there may be unintended or accidental errors for which we apologize.
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DEER management GmbH reserves the right to make modifications and supplementals to the supplied information without prior notice. DEER management GmbH disclaims any liability whatsoever for incorrect or missing information on the DEER management GmbH website; consequently, all decisions made on the basis of the information provided on the website of DEER management GmbH will be the user’s sole responsibility. DEER management GmbH assumes no liability whatsoever for direct, concrete or other damages arising for whatever reason in connection with direct or indirect use of the information made available on the website of DEER management GmbH.
Unless otherwise stated, the copyright of all documents published on the DEER management GmbH website (images, illustrations, texts, animations, etc.) and the materials used exclusively in the DEER consulting d.o.o. projects by the project developers, belong to DEER management GmbH. Regarding all rights (e.g. property, industrial property, copyright), nobody will be granted a license or any other right. Any use without the consent of DEER management GmbH is prohibited and punishable. This applies particularly for copying, microfilming, storage and processing in electronic systems (Internet, intranet, CD-ROM, CD-I, etc.). The use of markings (e.g. brands, logos), regardless of the presence of the symbol ® or ™, is extremely prohibited. If you access the software of the third party via hyperlinks, then the rules of that third party apply. Each user of the DEER management GmbH website who makes any data available to DEER management GmbH, accepts that DEER management GmbHclaims unlimited rights to such data and that DEER management GmbH may use the same data in any (desired) use. The data which the user makes available are not a subject of secrecy.
General Terms and Conditions
Article 1 Order
The company DEER management GmbH or its associated undertaking (hereinafter referred to as “Contracting entity”) shall be instructed by a specific order to intermediate in the conclusion of one or more lease contracts for commercial real estate.
Article 2 Rights and Obligations of the Contracting entity
(1) The Contracting entity shall perform the letting and marketing services with regard to the commercial real estate.
(2) In agreement with the Customer, the Contracting entity shall perform for the Customer additional (consulting) services connected with the intermediated business. The descriptions of these services shall be agreed in writing.
(3) The Contracting entity is entitled to take action against payment both for the lessee and the lessor (Dual order).
(4) The services to be performed shall be performed by the Contracting entity with the due diligence of a prudent businessman. The Contracting entity shall be liable exclusively in the case of intent and gross negligence.
(5) The Contracting entity is obliged to treat all information obtained in relation with the order as confidential, maintain silence thereon and particularly not to disclose them to third parties.
Article 3 Rights and Obligations of the Customer
(1) The Customer is obliged to place a clear letting or marketing order (orally, in writing or by email) to the Contracting entity.
(2) During the duration of the order, the Customer shall not engage any further contracting entity or consultant and prohibit any brokerage activity of third parties related to the object of the order (Exclusive contract).
(3) The Customer has to inform the Contracting entity about such double marketing as referred to in the second paragraph of Article 3 in advance. If the information was not delivered in time, the Contracting entity shall be entitled, regardless of the right to terminate the contract, to an allowance at the amount of 50 % (fifty percent) of the total monthly rent plus VAT for every future lease contract intermediated by the brokers or the consultants. The total rent comprises all the following monthly prescribed payments and advance payments.
(4) The Customer is obliged to inform the Contracting entity immediately about all circumstances important for its activity.
(5) Except for the services mentioned in the first and fourth paragraph of Article 3, the Contracting entity may, in agreement with the Customer, perform also additional services for the Customer related to the business. In this case, the services shall be contractually determined.
(6) The Customer is obliged to treat all information obtained in relation with the order as confidential and particularly not to disclose them to third parties.
(7) As from the day of the mutual signing of the Lease contract and after invoicing by the Contracting entity, the Customer shall be obliged to pay the agreed remuneration in the full amount plus the statutory rate of VAT.
Article 4 Duration of the Contract / Termination
(1) The Contract shall be effective as from the letting or marketing order and shall apply up to 6 (six) months after the official opening of the shop, the shopping centre or the shopping park.
(2) The Contract can be terminated by both Parties giving notice of 6 (six) months at the end of the month without giving any reason. The right to commission of already designated objects shall not terminate.
(3) The right to extraordinary termination for good reason will not be affected. Good cause shall be deemed to exist, in particular, if one of the Parties seriously infringes its obligations under the Contract.
(4) If the Customer terminates the Contract – regardless of whether the Contract is terminated by ordinary termination or for good reason –, the Customer shall pay a partial payment to the Contracting entity at the amount of 50 % (fifty percent) of the total monthly rent plus VAT for every so far or future signed Letter of Intent (LoI) or Lease Contract.
(5) Any delay in payment of the remuneration shall give rise to the Contracting entity to promptly terminate the Contract if the Contracting entity has ineffectively reminded granting a grace period of 14 (fourteen) days.
(6) Likewise the Contracting entity shall be entitled to the right to terminate the contract in so far as this Exclusive contract is infringed by the Customer, by the Customer simultaneously appointing one or several brokers or consultants with the marketing of more than one lettable surface (cf. second and third paragraph of Article 3).
(7) Every termination must be in writing in order to be effective and must be sent by registered letter.
Article 5 Remuneration
(1) The Contracting entity shall obtain the right to a remuneration at the amount of 3 (three) net monthly rents plus VAT (basic rent multiplied by square meters of the leasing object plus VAT). If no fixed basic rent was agreed upon, the rent shall be deemed as being 10 % (ten percent) of the lessee’s net turnover.
(2) The Contracting entity shall obtain the right to a consultancy fee plus VAT for all (consultancy) services connected with the intermediated business. The relevant consultancy fee shall be contractually agreed upon by the Parties.
Article 6 Term of payment / Additional Costs
(1) The term of payment shall be 7 (seven) days from the date of invoice. In the case of late payment, the Contracting entity is, in addition to the reminder fee at the amount of € 15.00 (fifteen Euros) per reminder, entitled to request default interests at the amount of 9.00 % (nine percent) of the invoiced amount.
(2) The customer shall bear the costs for marketing material and the production and development of exposés and the documentation folders, as well as the costs for notary services and external legal consultancy. These external (consultancy) services shall be ordered exclusively through the Customer or solely after prior agreement.
Article 7 Final provisions
(1) If the Customer and the Contracting entity define their contractual relationships through a concrete Contract differently from the General Terms and Conditions defined here under, the provisions of the concrete Contract shall apply.
(2) Should a provision of these General Terms and Conditions be or become ineffective or impracticable, this does not affect the validity of the remaining arrangements of these General Terms and Conditions.
(3) All disputes arising between the Contracting parties which cannot be resolved by mutual agreement shall fall within the jurisdiction of the locally competent court unless otherwise agreed by the concrete Contract.