Mitscherlich performs all deliveries and services solely on the basis of these terms and conditions. They apply to all future business relations, even if renewed reference has not expressly been made to them. Other general terms and conditions shall not become part of the contract, even in cases where they have not expressly been refuted.
2. Basis of the contract
All agreements, including sub-agreements and supplements, require written form or express written confirmation from Mitscherlich.
The stated basic fees cover the fees for taking over representation, including reservation for a case, the conduct of affairs and availability of the organisation of the office of Mitscherlich. The basic fees are due upon receipt of an order. They are not to be reimbursed, even if the order is later cancelled or Mitscherlich retracts its mandate before completion of the proceedings. In addition to the basic fees, handling fees are charged for the technical and legal handling of a case depending on the time and work involved. They cover in particular: conferences, correspondence, studying and working on documents, preparing and filing briefs and descriptions, attending hearings, responding to official actions, preparing drawings.
In addition to the attorney’s fees, the statutory VAT is also charged where prescribed.
The attorney’s fees in connection with annuities or renewal fees cover the charges for paying the fee, for representation and for monitoring the fees until the next due date and sending reminders of the next due fee.
Mitscherlich is liable up to a sum of EUR 10,000,000.00 unless Mitscherlich is accountable for intent or gross negligence.
5. Other provisions
The place of performance and court of jurisdiction is Munich.
6. General information obligation according to § 36 VSBG
Mitscherlich does not participate in dispute resolution procedures before a consumer arbitration body.