§ 1     Service Provision

1.1     The contractor shall carry out the work in accordance with the best available technology and the written job definition.

1.2     The customer shall give the contractor the necessary support, especially the information required to carry out the order.

§ 2     Cooperation

2.1     The customer shall appoint a project manager who can take or bring about immediate decisions. The contractor shall record any such decisions in writing. The customer’s project manager shall give the contractor all necessary information. The contractor shall be obliged to get the project manager involved should this be required to carry out the order.

2.2     All work shall be carried out at the customers location or at the contractor´s location as necessary for the orderly execution of the order. If the work needs to be carried out at the customer´s location, the customer shall provide adequate working space and work equipment.

§ 3     Reimbursements and payments

3.1     Reimbursements and payments shalll be regulated in the consultancy contract.
The contractor shall record the daily working times in a list indicating the item of the contract worked on and the type of work and shall submit this list to the customer upon request. The customer shall be entitled to see this list at any time.

3.2     All payments shall be made without deductions within 14 days of the issuance of each invoice.

3.3     All prices are subject to the value added tax.

§ 4     Intellectual property rights

4.1     Any rights resulting from documents and results created under this contract shall belong to the customer. The contractor shall not be prevented from the use of the created know-how. The contractor may carry out similar orders from other customers unless it conflicts with the confidentiality requirements of § 6.

4.2     If the contractor provides documents and other know-how which was created outside this contract for use in this contract, then the customer may use such documents and know-how or parts of them only for the purposes of this contract and for no other purpose. This restriction shall apply only if the contractor communicates the use of such documents and know-how in writing prior to the commencement of the work.

§ 5     Liability of Paintshop-Service Guenther Dornburg

5.1     Claims for compensation, for whatever legal reason, against the contractor which assume minor negligence shall be valid only if an essential duty of the contract or major obligation has been violated.

Claims for compensation shall be limited to EUR 100,000.00 for above cases.

§ 6     Confidentiality

6.1     The contractor shall commit himself to use any knowledge of company secrets and information marked `confidential` in writing which he obtained within the scope of this contract for the execution of the contract only and shall treat such information in confidence for an indefinite period of time. The commitment to treat such information in confidence shall not apply to data which were already known to the contractor at the time of conclusion of the contract or which were or will become known outside the scope of the contract.

6.2     The contractor shall not be committed to treat own ideas, concepts, know-how and techniques in confidence: § 6.1 shall remain unaffected.

6.3     The contractor may include the name of the customer and a short description of the work provided in his list of references. All other advertising references to the customer shall be agreed with him beforehand.