General Terms of Mandate RAG
General Terms of Mandate of AWT Seltmann GmbH Rechtsanwaltsgesellschaft Steuerberatungsgesellschaft, Leonhard-Moll-Bogen 10, 81373 München
- AWT Seltmann GmbH shall trust the actual information rendered by the client as regards the mandated granted herewith and shall not make its own inquiries as long as AWT Seltmann GmbH does not know or must not know of the incorrectness of the client’s actual information, or as long as it is not apparent from certain circumstances that for the correct legal assessment further information is necessary.
- AWT Seltmann shall be liable in all cases of slight negligence up to a maximum amount of € 10,000,000.00 for any occurring damage. The legal liability for intent and gross negligence shall remain unaffected.
- AWT Seltmann GmbH is entitled to claim an appropriate advance payment from the client for the fees and expenses accrued and likely to accrue (Art. 9 Federal Law on the remuneration of lawyers, Rechtsanwaltsvergütungsgesetz RVG). Moreover, the client shall be obliged to pay the legally stipulated or agreed fees of AWT Seltmann GmbH regardless possibly existing claims to payment of its costs of proceedings against third parties, also against a legal expenses insurance.
- The client shall assign his/her claims for remuneration of advanced payments regarding the claims in the main action, payment claims or claims directed against the court cashier to be ascertained by AWT Seltmann GmbH to AWT Seltmann GmbH in the amount of its claim for remuneration from all granted mandates encompassing the power to disclose such assignment.
- AWT Seltmann GmbH shall be entitled to delegate its powers to a third party.
- The obligation of AWT Seltmann GmbH to keep and deliver records shall expire three years upon completion of an order.
- Pursuant to Art. 12a (1) Labour Court Law (Arbeitsgerichtsgesetz ArbGG), in labour court proceedings of the first instance, the winning party does not have a compensation claim because of loss of time or remuneration of costs for mandating a legal counsel.
- Insofar as the client notifies AWT Seltmann GmbH of a fax number, AWT Seltmann GmbH shall be entitled to transmit any information pertaining to the mandate also via fax without restriction unless explicitly dissented by the client, or if the client requires that fax reports be only transmitted upon prior announcement.
- AWT Seltmann GmbH shall be entitled to reply to the client’s messages sent via e-mail or similar communication means via the same communication means and/or to forward information or documents required thereby, unless explicitly instructed otherwise by the client. It is explicitly pointed out that in case of e-mail communications or communication through comparable communication means, the confidentiality of the respective content cannot be ensured to an extent comparable to that of correspondence per mail.
- The client shall be obliged to immediately inform AWT Seltmann GmbH about the existence of a legal expenses insurance if and insofar he/she intends to claim thereon. Insofar as AWT Seltmann GmbH is also entrusted with the correspondence with the client’s legal expenses insurance company, AWT Seltmann GmbH shall explicitly be exempted from its obligation to secrecy towards the legal ex-penses insurance company.
- AWT Seltmann GmbH shall be entitled to collect, record and process any data entrusted to it within the framework of a placed order in reference files and with modern data processing devices. AWT Seltmann GmbH shall be authorized to transmit such data to third parties and have them processed there insofar as this is necessary in the framework of accounting of AWT Seltmann GmbH (Accounting implemented by third parties bound to professional secrecy, such as accountants and auditors, Datev). AWT Seltmann GmbH shall have the right to have its EDP unit, its communication devices and other devices cared for by reliable professionals – also by remote maintenance – even if it cannot be excluded that this might provide an insight in the data stocks.
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