Part I - General provisions

§ 1 Scope of application

1.   The Trenkwalder Germany Group, hereinafter referred to as Trenkwalder Germany, comprises the companies Trenkwalder Personaldienste GmbH and Trenkwalder Personaldienste Medical Care GmbH. The company Trenkwalder Business Solution GmbH is subject to separate General Terms and Conditions. The registered office for all the companies mentioned is:

Werner-Eckert-Strasse 6, 81829 Munich

 2.   The following General terms and conditions (GTC) are an essential part of the personnel placement services offered by the Trenkwalder Germany Group. These include the following groups of services in particular:

• Supply of temporary workers

• Personnel placement

 3.   With the initiation of a contract (e.g. the presentation of candidate profiles), but at the latest when the contract is concluded or the service has been made use of, the GTC are deemed accepted and become part of the contract between Trenkwalder Germany and the customer. Any GTC of the customer which deviate from these shall only become valid if they are expressly recognised by Trenkwalder Germany in writing.

4.   Deviating agreements to these GTC, which were concluded in writing by means of individual or framework agreements between Trenkwalder Germany and the customer, shall take precedence over the provisions of these GTC.

§ 2 Written form

Changes to these GTC require the written form to be effective. The cancellation of the written form requirement according to Sentence 1 also requires the written form.

§ 3 Partial nullity

1.   If individual provisions of these GTC are or become ineffective in whole or in part or cannot be carried out in accordance with the original contractual purpose, this shall not affect the validity of the remaining provisions. An ineffective provision shall be replaced by an effective one that comes as close as possible to the meaning and purpose of the ineffective provision.

2.   In the event of partial nullity, pursuant to § 3 para. 1, instead of the ineffective or unenforceable provision the contracting parties have to make one that corresponds as closely as possible to the economic purpose of the original provision. A gap in regulation is to be filled by a supplementary provision of the parties, which corresponds as far as possible to the economic purpose of the GTC and the individual or framework agreement.

§ 4 Reference naming

Unless the customer expressly objects in text form (in writing, by email/fax), Trenkwalder Germany expressly reserves the right to name the customer, stating the service(s) provided, as a reference.

§ 5 Commercial credit insurance

The customer is aware that Trenkwalder takes out commercial credit insurance to protect against bad debts. The customer shall provide Trenkwalder with the commercial information necessary to obtain insurance coverage appropriate to the value of the order. All contracts between the customer and Trenkwalder are subject to the suspensive condition of obtaining appropriate insurance coverage.

In the case of insufficient creditworthiness, Trenkwalder shall only provide services against advance payment. If no or insufficient insurance cover can be obtained, Trenkwalder is entitled to withdraw from the contract. The customer can, within a period of fourteen days after being informed by Trenkwalder that appropriate insurance cover could not be obtained or could not be obtained in a sufficient amount, offer another payment security that offers Trenkwalder the security of appropriate commercial credit insurance.

§ 6 Price adjustment

Trenkwalder is entitled to increase the agreed remuneration rates by 3% for the first time after 12 months from the start of the contract and no more than once a year with a notice period of three months in accordance with changing market conditions, significant economic changes, changes in VAT and in accordance with the current cost development at Trenkwalder. As soon as the remuneration increases by more than 3%, the customer is entitled to terminate the contract extraordinarily at the time the increase takes effect with a period of six weeks after receipt of the request for an increase. A price adjustment shall be announced by email to the address provided for contract communication.

§ 7 Electronic time recording

The hours worked are recorded using electronic time recording. The customer undertakes to use the time recording system from Trenkwalder, the so-called Job app, for this purpose. The customer shall agree to the terms of use of the Trenkwalder electronic time recording system before using it for the first time. If electronic time recording cannot be carried out via the electronic time recording system from Trenkwalder, the customer undertakes to use its own time recording system with an interface function for the digital recording of the hours worked.

§ 8 Digital signature

The customer undertakes to sign digitally the contract documents as well as the associated annexes and additional agreements whenever the law does not provide for a mandatory written form requirement for the conclusion of a contractual agreement. The customer can use the simple electronic signature, the advanced electronic signature or the qualified electronic signature.

§ 9 Compliance with data protection regulations

All information provided about proposed candidates is subject to data protection regulations. Accordingly, the documents provided are only to be used for the intended purpose and are to be returned after the purpose has been achieved or destroyed in compliance with data protection regulations. Storage or archiving beyond the intended purpose or disclosure to unauthorised third parties is not permitted.

 § 10 Applicable law and jurisdiction:

1.   The law of the Federal Republic of Germany applies exclusively to all legal transactions between Trenkwalder Germany and the customer.

2.   The place of jurisdiction for all disputes arising from the contractual relationship between Trenkwalder Germany and the customer is Munich. This also applies if the customer has its registered office abroad. Trenkwalder Germany expressly reserves the right to assert justified claims against the customer, including at its general place of jurisdiction.

PART II - Supply of temporary workers

§ 11 Special regulations on the supply of temporary workers

The provisions of §§ 8-16 apply exclusively to the initiation and execution of legal transactions involving the supply of temporary workers of employees of the Trenkwalder Germany Group (leasing agency) to the customer (hirer).

§12 Collective agreements, minimum wages and legal regulations

1. The supply of temporary workers by Trenkwalder Germany (leasing agency) takes into account all relevant legal regulations, in particular the Temporary Employment Act (AÜG) and the collective agreements applicable to Trenkwalder Germany. These are currently the “Collective agreements on temporary employment” concluded between the Bundesarbeitgeberverband der Personaldienstleister e.V. (BAP) and the member unions of the German Trade Union Confederation (DGB) (these are IG BCE, NGG, IG Metall, GEW, ver.di, IG BAU, EVG, GdP). The “Collective agreements on temporary employment”, consist of a general collective agreement, a collective wage framework agreement and a collective wage agreement in the currently valid version. This also includes relevant industry surcharge collective agreements.

2. Trenkwalder Germany (leasing agency) undertakes to ensure that the provisions of the statutory minimum wage in accordance with the Minimum Wage Act (MiLoG) and any industry minimum wages to be paid in accordance with the provisions of § 8 para. 3 of the Posted Workers Act (AEntG) are complied with.

3. The customer (hirer) undertakes to comply with all relevant statutory provisions, in particular the Working Hours Act (ArbZG), the Occupational Health and Safety Act (ArbSchG) and the applicable occupational safety and accident prevention regulations with regard to the temporary workers assigned to it.

§ 13 Provision of candidate profiles

1. At the request of the customer (hirer), Trenkwalder Germany (leasing agency) creates and provides candidate profiles to the customer (hirer) as part of the employee selection process in order to assess the suitability of the candidates for use in the context of the supply of temporary workers. The candidate profiles remain the property of Trenkwalder Germany (leasing agency) even if they are transferred to the client (hirer).

2. Each time a candidate profile is sent, these terms and conditions are deemed to be accepted by the customer (hirer).

3. Trenkwalder Germany (leasing agency) is not liable for incorrect or incomplete information in the profiles if this is based on incorrect or incorrect information provided by the candidates.

4. If the candidate is employed by the client (hirer) within three months of a candidate profile being provided without the candidate having been employed by the client (hirer) as part of the supply of temporary workers, Trenkwalder Germany (leasing agency) is entitled to demand a placement commission of 28% of the annual gross income of the candidate. The gross annual income is the candidate’s gross monthly salary at the client (hirer) excluding fringe benefits multiplied by a factor of 12. In the event of a dispute, it is up to the client (hirer) to prove that the recruitment took place independently of the provision of candidate profiles. This provision does not apply if the candidate profile was provided exclusively as part of a recruitment contract. In this case, a claim for a placement fee arises as previously agreed individually between the leasing agency and the hirer.

§ 14 The supply of temporary workers contract

1. The supply of temporary workers contract (AÜV) between Trenkwalder Germany (leasing agency) and the customer (hirer) must be clearly designated as such in accordance with § 1 para. 1 Sentence 5 Temporary Employment Act (AÜG) – Contract title: “Supply of temporary workers contract” (AÜV), “Framework temporary employment contract” (Framework temporary employment contract) or “Order confirmation for the framework temporary employment contract” (order confirmation framework AÜV) – and in accordance with § 12 Temporary Employment Act (AÜG) always requires the written form.

2. In accordance with the provisions of § 1 para. 1 Temporary Employment Act (AÜG), the customer (hirer) undertakes not to allow the temporary worker to work until the AÜV has been concluded. The temporary worker must be clearly named in the contract or, in the case of a framework AÜV, in the associated individual calls.

3. The customer (hirer) must indicate in the AÜV and the framework AÜV what special characteristics the activity intended for the temporary worker has, where the temporary worker is to be deployed (location) and what professional qualifications and special knowledge are required for this.

4. Deviating regulations from framework agreements (“framework agreement for the supply of temporary workers” and/or “framework temporary employment contract”) must in all cases be agreed between the parties in an individual contract.

§ 15 Duration of deployment, deregistration from deployment, maximum duration of assignment

1. The planned period of employment of the temporary worker (duration of deployment) must be agreed in writing in the AÜV or in the individual call for the framework AÜV and ends, unless an extension of the duration of employment has been agreed in writing, when the end date of the deployment period is reached, without the temporary worker having to be deregistered.

2. The duration of the deployment is, in any case, limited to the maximum permitted deployment period pursuant to § 1 para. 1b) Temporary Employment Act (AÜG). A longer hiring period is only possible upon provision of suitable evidence that meets the requirements of § 1 para. 1b Temporary Employment Act (AÜG). Proof must be provided by the customer (hirer).

3. Periods of deployment that the temporary worker has already completed for the customer (hirer) are, in accordance with § 1 para. 1 b) Sentence 2 Temporary Employment Act (AÜG), to be fully credited towards the maximum permissible duration of the temporary employment if there are no more than three months between deployments.

4. An early termination of the employment of a temporary worker (de-registration) must be in text form (in writing, by email / fax). The deregistration period is 30 working days unless otherwise contractually agreed. Trenkwalder Germany (leasing agency) reserves the right, in the event of non-compliance with the deregistration deadlines, to invoice the working hours not worked during the deregistration period on the basis of the contractually agreed working hours. The right to terminate the deployment without notice for good cause remains unaffected.

5. If the customer (hirer) intends to continue using a specific temporary employee beyond the contractually agreed end of the employment period, it must notify Trenkwalder Germany (leasing agency) in writing at least five working days in advance. Trenkwalder Germany (leasing agency) can only guarantee this within the framework of the maximum permitted duration of the temporary employment in accordance with § 1 para. 1 b) Temporary Employment Act (AÜG). If the customer (hirer) does not fulfil this obligation in good time, Trenkwalder Germany (leasing agency) is entitled to provide a replacement.

 § 16 Agency commission in the event of employment

1. If an employment relationship is established between the temporary employee and the hirer or a company legally affiliated with the hirer within the meaning of § 18 of the German Companies Act (AktG) or economically affiliated with the hirer within the meaning of § 15 of the AktG, a commission fee is due to the leasing agency. The placement fee is 30 % of the annual gross income of the temporary worker taken on, plus statutory VAT. The fee shall be reduced by one twelfth (1/12) for each month completely assigned to the hirer.

2. No fee shall be charged after 12 months have elapsed.

3. The annual gross income is deemed to be the gross monthly income of the hired temporary employee with the hirer, minus any gratuities, multiplied by 12.

§ 17 Disclosure obligations of the hirer

1. The customer (hirer) is obliged to check and state before each transfer,

   a) whether a temporary worker in the last six months prior to the deployment has left an employment relationship within the meaning of § 15 German Companies Act (AktG) with the client (hirer) itself or a company affiliated with the hirer within the meaning of § 18 AktG, and / or

 b) whether the temporary worker was transferred to the customer (hirer) by Trenkwalder Deutschland (leasing agency) or a third-party personnel service provider no more than three months before being hired out,

 c) whether and if so, which and to what extent the temporary worker should carry out activities that fall within the scope of industry minimum wages according to the Posted Workers Act (AEntG).

2. If an industry surcharge agreement applies or if essentially comparable working conditions incl. wages for work are to be granted, then the following agreements apply:

a) The customer (hirer) informs Trenkwalder Germany (leasing agency) immediately of any change in the comparison wage and of essentially the same working conditions, in particular the wages of comparable employees. Any changes shall become subject of the contract.

b) If an industry surcharge tariff is applicable, the customer (hirer) shall immediately inform Trenkwalder Germany (leasing agency) of the introduction, change or termination of a company agreement in the above-mentioned operating company, provided that these provide benefits for temporary workers hired out to it. The same applies to changes in the comparative remuneration at the company of the customer (hirer).

c) If essential working conditions, including remuneration of comparable employees, are to be granted, the customer (hirer) shall inform Trenkwalder Germany (leasing agency) immediately of the introduction, amendment or termination of collective or company agreements in the area of application of the aforementioned company of deployment.

3. The customer (hirer) undertakes to inform Trenkwalder Germany (leasing agency) immediately of any upcoming industrial action.

§ 18 Obligations of the hirer in the context of the supply of temporary workers

1. The customer (hirer) is entitled to give the temporary worker all instructions that correspond in type and scope to the respective area of activity. The temporary worker is included in the workflow in the customer’s (hirer) company.

2. The customer (hirer) undertakes to notify Trenkwalder Germany (leasing agency) immediately of any breaches of contractual obligations by a temporary worker (in particular unexcused absences, late arrivals, poor performance). If the customer (hirer) does not comply with this obligation to notify, it is not entitled to terminate the supply of temporary workers contract early and claims for damages are excluded.

3. The customer (hirer) undertakes to report an industrial accident to Trenkwalder Germany (leasing agency) immediately. A reportable work accident must be investigated jointly.

4. In order to fulfil its obligations as an employer, Trenkwalder Germany (leasing agency) must be granted access to the workplaces of its temporary workers within company working hours and in consultation with the customer (hirer).

5. The customer (hirer) bears sole responsibility for any unauthorised employment of the temporary workers that violates the contract or the law, in particular the deployment at a location/operation other than the agreed place of work or an activity other than the agreed one, and releases Trenkwalder Germany (leasing agency) from any liability in this respect.

6. The assignment of temporary workers by the customer (hirer) to third parties (so-called chain leasing) is not permitted and therefore excluded.

7. The customer (hirer) undertakes to notify Trenkwalder Germany (leasing agency) immediately of activities that fall under the Minimum Wage Act (MiLoG) and/or the regulations of the Posted Workers Act (AEntG), according to the type and scope of the activity (description of individual activities / mixed activities), insofar as these activities are (to be) carried out by temporary workers within the framework of the supply of temporary workers. This also applies in cases in which the hirer itself does not fall under the scope of the Posted Workers Act (AEntG). The purpose of the obligation to report is to enable Trenkwalder Germany (leasing agency) to comply with the provisions of the Minimum Wage Act (MiLoG) and the Posted Workers Act (AEntG), as described in § 8 para. 2.

8. In particular, the customer (hirer) releases Trenkwalder Germany (leasing agency) from any liability based on breaches of the customer’s (hirer) obligation to report:

• incorrect or incomplete information about the same working conditions, including the earnings of a comparable regular employee of the customer (hirer) or, in the absence of such, the collectively agreed remuneration applicable to a comparable employee in the customer’s (hirer ) industry (principle of equal opportunity in accordance with § 8 Temporary Employment Act (AÜG)).

• incorrect information from the customer (hirer) about the industry of the specified company, incorrect or incomplete information about comparison remuneration and/or its changes.

• incorrect or incomplete information about company agreements that provide benefits for temporary workers and/or changes to them.

• incorrect or incomplete information about previous employment of a worker hired out by Trenkwalder Germany (leasing agency) in companies of the customer (hirer) or a company affiliated with the customer (hirer) within the meaning of § 18 German Companies Act (AktG) or affiliated companies within the meaning of § 15 AktG.

• incorrect or incomplete information about previous periods of employment of the temporary worker with the customer (hirer) by other personnel service providers (leasing agencies), provided that these did not end more than three months before the start of the employment.

• incorrect or incomplete information on the type and scope of activities that fall under the regulations of the Posted Workers Act (AEntG) and are/were carried out by temporary workers as part of the supply of temporary workers.

• incorrect or incomplete information passed on by the customer (hirer) to its employee representatives. Trenkwalder Germany (leasing agency) is only obliged to pass on the data required for co-determination upon request.

  9. The customer (hirer) is liable for damages to ensure that temporary workers assigned to it are not unfairly poached by other personnel placement service companies while carrying out their work and on its company premises.

§ 19 Liability of the leasing agency in the context of the supply of temporary workers

1. Trenkwalder Germany (leasing agency) is only liable to the customer (hirer) for damages that are based on an intentional or grossly negligent breach of its essential contractual obligations, regarding the proper selection and assignment of its temporary workers (selection fault).

2. The liability of Trenkwalder Germany (leasing agency) is limited to the amount covered by its business liability insurance. This limitation of liability does not apply to damages resulting from injury to life, limb or health. The customer (hirer) is entitled to request proof of the insurance coverage of the leasing agency’s business liability insurance and the amount of coverage.

3. Trenkwalder Germany (leasing agency) is not liable for fines or damages from third parties,

• which arise due to inadequate supervision of the customer (hirer) (duty of supervision) during the employment of temporary workers at the hirer,

• which arise due to incorrect or incomplete information from the customer (hirer) regarding the obligations under the Temporary Employment Act (AÜG), Minimum Wage Act (MiLoG), Posted Workers Act (AEntG), Collective agreement on industry surcharges (TV BZ),

• which arise from violations of the provisions of the Working Hours Act (ArbZG).

In particular, Trenkwalder Germany (leasing agency) is not liable for personal fines imposed on the customer (hirer) due to a violation of legal provisions.

4. The customer (hirer) releases Trenkwalder Germany (leasing agency) from corresponding claims (fines, claims for damages from third parties and increased wage claims from the temporary worker, including fringe benefits).

5. Trenkwalder Germany (leasing agency) reserves the right to assert additional claims for compensation.

§ 20 Working hours of temporary workers in the customer company

For the duration of the assignment, the temporary workers are subject to the working hours applicable in the customer’s (hirer) company.

If the legally permissible working hours are exceeded, the customer (hirer) is obliged to submit immediately to Trenkwalder Germany (leasing agency) a corresponding permit from the responsible supervisory authority.

§ 21 Records of activity/work records, billing, payment and adjustment of billing rates

1. Billing is based on activity/time records of temporary workers to be released by the customer (hirer). These must certify all hours that the temporary worker was available to the customer (hirer) for work performance, in particular the times of the start and end of work as well as the start and end of break times. If the working hours of the hired employees are recorded electronically, billing is based on the data determined and sent.

2. Trenkwalder Germany (leasing agency) reserves the right to record working times, in particular the times when work begins and ends as well as the start and end of break times, using an electronic system or electronic application. In this case, the customer (hirer) undertakes to disclose the names and email addresses of those persons who are responsible for the electronic release of the timesheets.

3. Unless otherwise expressly agreed in the individual contract, invoicing shall be carried out electronically. The customer (hirer) undertakes to provide its email address, which is to be used for this purpose.

4. Invoices are valid without a signature.

5. If the customer (hirer) is subject to the provisions of the German Act to Combat Undeclared Work and Unlawful Employment (SchwarzArbG), the records of work activity must be designed so that they conform to the provisions of § 17 Minimum Wage Act (MiLoG). Specifically, work start and end times must be recorded, as well as the start and end times of all breaks. The records must be made available to Trenkwalder Germany (leasing agency) immediately and a copy must be kept for at least two years.

6. If legal or collective agreement regulations result in an increase in wage and/or additional wage costs, e.g. as a result of

•  collective agreement wage increases,

• obligations to grant collective agreement-related deployment-related surcharges from a certain duration of deployment,

• obligations to grant industry minimum wages in accordance with the Posted Workers Act (AEntG), including their increase or the introduction/change of collectively agreed industry surcharges,

• guarantees of essential working conditions, including equal pay (principle of equal treatment) in accordance with § 8 Temporary Employment Act (AÜG),

Trenkwalder Germany (leasing agency) is entitled to adjust the agreed billing rate at its reasonable discretion.

7. The customer (hirer) has a right to offset or retention against Trenkwalder Germany (leasing agency) only if its claim against Trenkwalder Germany (leasing agency) has been legally established or is not disputed by Trenkwalder Germany (leasing agency).

PART III - Personnel placement

§ 22 Special regulations for personnel placement

The provisions of §§ 22 - 25 apply exclusively to services and offers from Trenkwalder Germany that are made in connection with the placement of candidates for the direct conclusion of a service, work or employment contract between the candidate and the customer (client).

§ 23 Execution of the contract

1. Trenkwalder Germany (contractor) endeavours to provide the customer (client) with candidates to establish a contractual relationship between the candidate and the customer (client) or a company associated with it under company or group law within the meaning of §§ 15 ff. of the German Companies Act (AktG). Such a placement can be carried out on the one hand as a contract placement, in which the description of the job to be filled and the qualification requirements of the specialists to be placed for this purpose are previously set out in the context of a specific contract. Equally covered by these GTC, however, is a mediation service in which Trenkwalder Germany (contractor) introduces a candidate to the client on its own initiative and offers him/her for recruitment without a placement order having previously been issued.

2. A contractual relationship is deemed to have been mediated by Trenkwalder Germany (contractor) if this is established between the customer (client) or a company associated with it under company or group law within the meaning of §§ 15 ff. of the German Companies Act (AktG) on the one hand and a candidate on the other, within twelve months of the first information about this candidate being provided by Trenkwalder Germany.

   Insofar as the contractual relationship between a candidate and a company associated with the customer (client) under company or group law comes into being within the meaning of §§ 15 ff. of the German Companies Act (AktG), this company and the customer (client) reserve the right to prove that Trenkwalder Germany did not become responsible for the establishment of this contractual relationship. If this is proven, the contractual relationship is not deemed to have been mediated by Trenkwalder Germany.

3. The customer (client) shall

a) inform Trenkwalder Germany immediately, at the latest within three working days, of the conclusion of a service, work or employment contract with a candidate presented by Trenkwalder Germany and the agreed annual gross remuneration in accordance with § 20 para. 2;

b) upon request, send a copy of the respective contract including all additional agreements to Trenkwalder Germany within 10 working days or allow Trenkwalder Germany to inspect these documents;

c) inform Trenkwalder Germany immediately, in any case before the first personal presentation of a candidate to the customer (client), if a candidate proposed by Trenkwalder Germany is already known to it as a job seeker and

d) immediately inform Trenkwalder Germany of the cancellation of its need for placement.

§24 Remuneration / set-off prohibition / right of retention

1. Trenkwalder Germany is entitled to charge a separate placement fee for each candidate placed, depending on the success of the placement efforts, the amount of which depends on the gross annual remuneration agreed between the client and the candidate. Unless otherwise agreed, a placement fee of 30% of the gross annual remuneration plus statutory sales tax is deemed to be agreed.

2. The annual gross remuneration includes, in addition to the gross wages (wages/salaries) owed for the contractual performance of the mediated candidate for the period of a calendar year, also any special and one-off payments due to the mediated candidate, profit and earnings shares, commissions, royalties, reimbursement of expenses as well as benefits in kind and perks, each gross. Insofar as results or target-related remuneration components are agreed, an optimum or full achievement of results or targets must be assumed for the calculation of the placement fee. If the annual gross remuneration increases within the first six months after the candidate begins working for the client, Trenkwalder Germany has the right to request a recalculation of the placement fee based on the increased annual gross remuneration.

3. Unless otherwise expressly agreed in the individual contract, invoicing shall be carried out electronically. The customer (client) undertakes to provide its email address, which is to be used for this purpose.

4. Invoices are valid without a signature.

5. Unless otherwise agreed, the placement fee is due for payment upon receipt of the relevant invoice and must be paid without deduction. If the customer (client) does not make full payment for the respective invoice, it will be in default of payment seven days after receipt of this invoice, without the need for a reminder from Trenkwalder Germany.

6. The customer (client) can only offset claims against claims of Trenkwalder Germany if they are undisputed or legally established. The customer (client) also has a right of retention only in the cases of Sentence 1.

§ 25 Suitability and qualification of the candidates

The details of a candidate are checked by Trenkwalder Germany (contractor) only with regard to the compliance with the job and candidate profile or other requirements of the customer (client). Trenkwalder Germany (contractor) is not obligated to check the truthfulness of the information provided by a candidate presented or the authenticity of the documents submitted by the candidate. Trenkwalder Germany does not carry out a work test or any other suitability test. It is the responsibility of the customer (client) to check the suitability and qualifications before entering into a contractual relationship with the candidate.

§ 26 Limitation of liability in the context of personnel placement

1. The liability of Trenkwalder Germany is limited to foreseeable and contract-typical damage; this restriction does not apply if legal representatives or executives of Trenkwalder Germany have caused the damage intentionally or through gross negligence or if the damage arose as a result of the breach of essential contractual obligations or the injury to life, limb or health. Para. 1 Sentence 3 applies correspondingly.

2. Trenkwalder Germany (contractor) shall only be liable for deliberate or grossly negligent damage or breach of duty on the part of its representatives or vicarious agents. Liability regardless of fault is excluded.