Terms & Conditions

The following terms are the valid General Terms and Conditions of QUERCUS & ACER GMBH.

1. The brokerage agreement between the client and QUERCUS & ACER GMBH is established through a written agreement, occurring upon the utilization of brokerage services by QUERCUS & ACER GMBH, based on or in acknowledgment of the commission claim arising from successful brokerage or evidential activities. In the absence of circumstances indicating otherwise or divergent agreements, the contract has a duration of six months, automatically extending for successive six-month periods unless terminated by either party with one month’s notice before the contract’s expiration.
2. During the term of the brokerage agreement with QUERCUS & ACER GMBH, the client is not authorized to engage other brokers for brokerage and/or evidential activities concerning the contracted object. In the event of a culpable violation of this provision, the client is liable to QUERCUS & ACER GMBH for resultant damages.
3. The brokerage and/or evidential activities of QUERCUS & ACER GMBH are based on information and disclosures provided by contracting parties or other authorized sources. Errors, interim sales, or rentals are expressly reserved.
4. QUERCUS & ACER GMBH has the right to act as a commission-liable agent for the other party to the main contract, provided there is no conflict of interest.
5. If, due to brokerage and/or evidential activities of QUERCUS & ACER GMBH, a lease agreement is concluded instead of the originally sought purchase agreement between the parties to the main contract regarding the contracted object, or vice versa, it does not affect the entitlement to commission. In such cases, the customary broker’s fee according to § 653 para. 2 BGB is deemed owed.
6. If the client has prior knowledge of the contractual opportunity concerning the offered contracted object and the contractual willingness of the other contracting party to the main contract at the time of concluding the brokerage agreement or gains this knowledge during the term of the brokerage agreement from a third party, the client is obligated to promptly inform QUERCUS & ACER GMBH.
7. The property exposés, object-/contract-related information provided by QUERCUS & ACER GMBH, as well as the entire brokerage and/or evidential activities of QUERCUS & ACER GMBH, are exclusively intended for the respective addressed client(s). The client is obligated to handle the information confidentially after the conclusion of the brokerage agreement and not disclose it to third parties. In case of willful violation by the client, resulting in the failure of our brokerage and/or evidential activities, the client is liable to QUERCUS & ACER GMBH for damages.
8. The entitlement to commission becomes due in accordance with § 652 para. 1 BGB upon the conclusion of the main contract, provided that the main contract is based on the contractual evidential/brokerage activities of QUERCUS & ACER GMBH. In this case, the client is obliged to promptly inform QUERCUS & ACER GMBH about the timing, remuneration, and parties involved in the conclusion of the main contract. This disclosure obligation is not affected if the main contract is subject to a suspensive condition that has not yet occurred.
9. The client may only assert rights of retention or set-off against QUERCUS & ACER GMBH’s commission claim if the client’s claims arise from the same contractual relationship (brokerage agreement) or if other claims are undisputed or legally established.
10. The place of jurisdiction for any disputes is Hamburg. The law of the Federal Republic of Germany shall apply exclusively, excluding any reference to international conflict of law rules.

General Disclaimer

1. Advisory Nature: Our consulting services are offered in an advisory capacity. While we strive to provide accurate and relevant information, the ultimate decision-making responsibility rests with you, the client.
2. General Guidance: Our research and studies‘ insights, recommendations, and strategies are based on our professional expertise and industry knowledge. They are intended for general guidance and may not account for specific nuances or changes in your business environment.
3. No Guarantees: We do not guarantee specific outcomes or results based on our recommendations. The success of implementing any strategies or actions discussed in our reports or during our consultation depends on various factors, including external market conditions and your business’s unique circumstances.
4. Dynamic Business Landscape: The business landscape is dynamic, and market conditions may change rapidly. Our advice is current as of the date provided, and we recommend reassessment in light of any significant changes in your business environment.
5. Professional Advice: Our consulting services do not substitute for professional legal, financial, or other specialized advice. We recommend consulting with qualified professionals in those fields for matters requiring such expertise.
6. Confidentiality: We uphold industry confidentiality standards. However, our consulting services do not establish an attorney-client, financial advisor-client, or similar privileged relationship. Please seek specialized advice for matters requiring legal or financial confidentiality.
7. Liability Limitations: To the fullest extent permitted by law, we disclaim any liability for any direct, indirect, incidental, or consequential damages arising from the use of, or reliance on, our consulting services.
8. Copyright protection: The contractor retains the copyright to the services provided insofar as they are copyrightable.
9. Termination: The client and the contractor may terminate the agreement at any time for an important cause or as agreed in the contract. The termination must be declared in writing. Otherwise, termination of the agreement is not possible. Should the client terminate the agreement for an important cause, any and all costs associated with the study will be reimbursed to the contractor immediately and in full.
10. Place of performance and jurisdiction: The place of performance and jurisdiction is Hamburg, Germany.

By engaging in our consulting services, you acknowledge and accept the terms outlined in this disclaimer. If you have any questions or concerns, please do not hesitate to discuss them with us.