Site Notice, General Terms and Conditions of Business (GTC)
Information pursuant to § 5 TMG
Siepert Immobilien und Projekt Management GmbH
Handelsregister: HRB 98935 B
Registration court: Berlin, Charlottenburg
Represented by the managing directors:
Phone: 030 93936169
Telefax: 030 93936170
Sales tax identification number according to § 27 a of the Sales Tax Law:
EU dispute resolution
The European Commission provides a platform for online dispute resolution (ODR):
Our e-mail address can be found above in the site notice.
We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Webdesign & developement:
Dreispringer - Agentur für Visuelle & Glückliche Kommunikation
Liability for Contents
As service providers, we are liable for own contents of these websites according to Sec. 7, paragraph 1 German Telemedia Act (TMG). However, according to Sec. 8 to 10 German Telemedia Act (TMG), service providers are not obligated to permanently monitor submitted or stored information or to search for evidences that indicate illegal activities.
Legal obligations to removing information or to blocking the use of information remain unchallenged. In this case, liability is only possible at the time of knowledge about a specific violation of law. Illegal contents will be removed immediately at the time we get knowledge of them.
Liability for Links
Our offer includes links to external third party websites. We have no influence on the contents of those websites, therefore we cannot guarantee for those contents. Providers or administrators of linked websites are always responsible for their own contents.
The linked websites had been checked for possible violations of law at the time of the establishment of the link. Illegal contents were not detected at the time of the linking. A permanent monitoring of the contents of linked websites cannot be imposed without reasonable indications that there has been a violation of law. Illegal links will be removed immediately at the time we get knowledge of them.
Contents and compilations published on these websites by the providers are subject to German copyright laws. Reproduction, editing, distribution as well as the use of any kind outside the scope of the copyright law require a written permission of the author or originator. Downloads and copies of these websites are permitted for private use only.
The commercial use of our contents without permission of the originator is prohibited.
Copyright laws of third parties are respected as long as the contents on these websites do not originate from the provider. Contributions of third parties on this site are indicated as such. However, if you notice any violations of copyright law, please inform us. Such contents will be removed immediately.
General Terms and Conditions of Business
1. Areas of Activity
Siepert Immobilien und Projekt Management GmbH (hereinafter known as »SIEPERT IPM«) is active in business management and acquisition for closed funds and other companies, the economic restructuring of closed funds and the execution of stand-alone commercial consulting and management contracts. In performing these commercial activities, SIEPERT IPM does not provide any legal or tax counselling. These typical services and other activities of SIEPERT IPM are known hereinafter as »services«. The legal basis of any contractual relationship with SIEPERT IPM is found in particular, but not solely, in Sections 631, 675 BGB (German Civil Code) (Service contract in the form of a business acquisition agreement for consideration).
2. Scope of Application
The General Terms and Conditions of Business of SIEPERT IPM shown below apply to any and all performed services, both now and in future. Deviations from these Terms and Conditions shall not be binding on the parties unless in writing.
3. Offers and Offer Documents
Offers are subject to change and non-binding. Errors excepted. Any data related to funds are based on information provided by the clients.
The documents attached to the offer such as prospectuses, technical drawings, pictures and dimensions are only approximate unless expressly designated as binding.
SIEPERT IPM retains any and all rights of title and copyrights to any and all ideas, concepts, model calculations, publications and other documents.
4. Awarding of Contract
Consulting agreements shall not be deemed concluded until SIEPERT IPM has confirmed the engagement in writing; this applies to any engagements mediated by third parties as well.
Subsidiary agreements must be confirmed in writing.
SIEPERT IPM is not liable for any errors resulting from documents provided by the clients themselves or from imprecise, incomplete or oral data.
5. Scope of Performance
SIEPERT IPM will maintain the shareholders’ master data, carry out shareholders’ meetings (including preparation and follow-up work), prepare business reports and other information for the notification of the shareholders, maintain and manage accounts and cooperate with advisory boards, facility managers, tax accountants, architects, lawyers and other specialists as stipulated in the catalogue of services to be prepared for each specific engagement.
Moreover, SIEPERT IPM will assume responsibility for special tasks as needed and pursuant to the specification of a separate contract, e.g. review and clarification of the situation after viewing or procuring various documents and, as appropriate, in consultation and agreement with specialists, and prepare solution proposals for the clients. Any such proposals will be based on the information obtained as well as on experience with previous properties and on constant market observation. SIEPERT IPM will strive to create transparency concerning economic contexts. Furthermore, SIEPERT IPM can apply its know-how to the preparation of tailored solutions.
The review of an offer in terms of legal and tax aspects as well as the consideration of the prospectus are the responsibility of lawyers, tax accountants and accountants and do not fall with the scope of services provided by SIEPERT IPM.
Compensation in the amount shown in the specific contract becomes due, earned and payable upon conclusion of the contract.
Unless otherwise agreed in writing in a specific contract, a time-based fee at the rate of €90.00 per hour, excluding legally applicable value-added tax, shall be deemed agreed.
Clients are obligated to treat any and all documents and notifications disclosed by SIEPERT IPM as secret information and shall not disclose any such documents and information to third parties.
7. Risks, Notes
The commercial, legal and tax constraints are as a rule already defined and specified, and the opportunities to modify or positively influence them are limited; such constraints can also change on short notice, both in a positive and negative direction. By their nature, the activities of SIEPERT IPM will not always lead to the desired economic results, even when carefully prepared and carried out (e.g. in the case of restructuring concepts). Successful results are not owed under the contract.
8. Liability, Warranty, Limitation Periods
The commercial, legal and tax constraints related to the activities of SIEPERT IPM may also change, even on short notice, to the detriment of the clients. SIEPERT IPM therefore does not assume any liability for the actual occurrence of the desired commercial, legal or tax results.
The issuer of any prospectus has sole responsibility for the contents of the prospectus. SIEPERT IPM does not assume any liability for the contents of third-party prospectuses.
SIEPERT IPM is liable in accordance with legal statutory provisions in cases of wilful intent or gross negligence, including that of its vicarious agents or legal representatives. In all other respects, SIEPERT IPM is liable solely for injury to life, body or health or for the culpable breach of major contractual obligations. However, damage compensation claims for the breach of major contractual obligations and in cases of gross negligent are limited to the foreseeable loss or damage typical of the contract. The liability of SIEPERT IPM is limited in cases of gross negligence as well to the foreseeable loss or damage typical of the contract in the absence of any of the above-mentioned exceptional cases.
Clients’ claims become time-barred upon expiration of the third year following the completion of the property or the submission of the consultancy advice.
9. Venue, Place of Performance
Place of performance is the registered office of SIEPERT IPM.
Sole venue regarding any and all current and future claims arising from the business relationship with merchants as defined by German commercial law, including claims for bills of exchange and cheques, shall be the registered office of SIEPERT IPM.