Terms and Conditions
GENERAL TERMS AND CONDITIONS (GTC) – International Brokerage Activities for Real Estate, Precious Metals, Commodities, and Trade Transactions
Conclusion of Contract
The brokerage agreement between the client and us is concluded either through a written agreement or by the client’s use of our brokerage services based on or with knowledge of the commission claim arising from successful mediation or proof of opportunity.
Exclusivity
During the term of the brokerage agreement, the client is not entitled to engage other brokers for mediation or proof activities concerning the same contractual object, precious metal, commodity, or trade transaction. In the event of a culpable breach, the client is liable for any resulting damages.
Basis of Information
Our mediation and proof activities are carried out based on information provided to us by contractual partners, suppliers, exchanges, or other authorized sources. Errors, prior sale/transfer, or prior mediation remain reserved.
Brokerage for Both Parties
We are entitled to act on a commission basis for the other party of the main contract, provided that no conflict of interest exists.
Commission on Main Contract
If a contract for real estate, precious metals, commodities, or other trade transactions is concluded as a result of our mediation or proof activities—regardless of whether it involves purchase, sale, supply contract, or investment—the claim to commission remains unaffected. The agreed commission also applies to further transactions with the same seller, supplier, or affiliated companies.
Prior Knowledge
If the client already has knowledge of the contractual opportunity or the willingness of the other contractual party (prior knowledge) at the time of concluding the brokerage agreement, they must inform us immediately.
Confidentiality
Our exposés, information, and all mediation or proof activities are intended exclusively for the respective client. The client is obliged to handle this information confidentially and not disclose it to third parties. In the event of a culpable breach, the client is liable for damages.
Due Date of Commission
The claim to commission becomes due upon conclusion of the main contract if it is based on our contractual mediation or proof activities. This applies to real estate, precious metals, commodities, trade transactions, supply contracts, and acquisition of shares. The payment obligation arises only upon conclusion of the contract, even if we are not directly involved.
Liability and Intermediary Role
We act solely as an intermediary/broker between buyer and seller. We do not conclude main contracts for products and assume no liability for quality, availability, or fulfillment of contracts between seller and buyer.
Rights of Retention and Set-Off
The client may assert rights of retention or set-off against our commission claim only if the claims are based on the same brokerage agreement or trade transaction, or are undisputed or legally enforceable.
Jurisdiction and Applicable Law
The place of jurisdiction and applicable law are agreed individually in each contract.