Terms and Conditions
Terms and conditions of Bonema GmbH for brokering and identifying properties
The following terms and conditions, together with the exposé description, are a part of the mutual agreements.
(1) This exposé and the information enclosed within are intended for the recipient only (hereinafter “Customer”). They are to be treated confidentially and may not be made available to third parties – including principals and third parties engaged by the Customer – without prior consent.
(2) If this exposé or the information contained in the exposé is transferred to a third party without authorisation, the Customer is obliged to pay Bonema GmbH (hereinafter “Broker”) the contractually agreed commission in the event that the third party concludes the contract.
(1) The information contained in the exposé is based solely on the information provided by the seller. The Broker is not liable for the accuracy and completeness of the information contained in the exposé. The Broker has not verified this information in fact or in law unless the information is obviously incorrect, implausible or otherwise doubtful; it is recommended to consult experts or seek legal counsel if necessary.
(2) The Broker’s liability is limited to grossly negligent and willful conduct unless the breach of duty leads to injuries to life, limb or the health of the Customer.
3. Commission obligation
(1) The claim for commission arises when the principal agreement becomes effective on the basis of the identification by or brokerage of the Broker.
(2) The claim for a commission in the amount of the rates stated in the exposé is due within 10 working days following the effective conclusion of the contract and invoicing by the Broker. In the event of late payment, default interest of 5 percentage points for dealings with consumers and default interest of 9 percentage points for dealings with companies is payable, in each case above the respective base rate of the European Central Bank.
(3) Minor deviations of a factual, economic, financial or legal nature are of no consequence and continue to constitute the claim for commission agreed upon.
(4) If the content of the principal agreement actually concluded deviates from the exposé but the same financial success is achieved, the claim to the original commission remains unchanged.
(5) The claim for commission is thus also created and is due when the sale is reached with another party with whom the Customer has a particularly close personal or pronounced economic relationship or a relationship under company law.
4. Commission obligation for subsequent contracts
If the Customer enters into a subsequent contract within 12 months of the conclusion of the principal contract, it undertakes to pay a difference commission if the content of the subsequent contract was also part of the original order and was also offered by the Broker. A subsequent contract exists when an amended or new principal agreement is entered into by extending or amending the original content of the contract (“Subsequent Contract”). The difference commission is calculated from the difference between the agreed commission for the identification of an opportunity to conclude the original contract and of the agreed commission for the identification of an opportunity to conclude the subsequent contract.
5. Prior knowledge
If the Customer has knowledge of the property described in the exposé (hereinafter “Property”) or the owner of the property, it must notify the Broker of the circumstances immediately in writing. Should this not happen, the recipient must compensate the Broker for expenses in negotiorum gestio while executing the order and which the Broker has incurred as a result of the recipient not disclosing this prior knowledge.
6. Conclusion and negotiation of contract
(1) The Customer is required to name Bonema GmbH as the original Broker in negotiations with the contractual partner identified by Bonema GmbH.
(2) The Customer must immediately provide information when and under what conditions it enters into a contract for the Property or for another Property of the contractual partner identified by us.
(3) The Broker is entitled to be present at the conclusion of the contract.
(4) The Broker is also entitled to a copy of the principal contract and side letters.
7. Non-binding nature of the offer
Our offers are not binding. They are expressly subject to prior sale, letting or leasing by the Seller unless otherwise specified in a separate agreement.
8. Dual agency
The Broker is entitled to provide services on a commission basis also to the other contracting party. The Broker can act as an introducing Broker for both parties or as an intermediary Broker for one party and an introducing Broker for the other.
9. No further agreements
The Customer confirms that no other implicit or verbal side agreements concerning the exposé, the brokerage contract or these general terms and conditions have been entered into.
For dealings with businessmen, the place of jurisdiction is Berlin. For dealings with consumers, there is no place of jurisdiction.
11. Severability clause
Should one of more or the above provisions be invalid, this shall not affect the validity of the other provisions. To the extent that provisions are not part of the contract or invalid, the content of the contract is based on statutory provisions.