TWGA GmbH, business division TWGA Consulting
These General Terms and Conditions apply to all engagements between TWGA GmbH, business division TWGA Consulting, Südliche Münchner Straße 60C, 82031 Grünwald (hereafter TWGA) and its clients. TWGA acts towards businesses (B2B) and consumers (B2C).
TWGA provides consultancy, structuring and coordination of real estate valuation engagements. TWGA itself does not prepare open market value appraisals, mortgage lending value appraisals or other expert appraisals. Appraisals are prepared by the commissioned experts from the DACH-wide partner network, in particular by GP Value GmbH as back-office partner or by network experts commissioned individually.
An engagement is concluded in writing (email is sufficient) after an initial call and confirmation of the scope, fee and timeline. Submitting the property data form does not by itself constitute an engagement. The engagement is formed once the offer is confirmed by the client in writing.
Fees are agreed individually and stated in the written engagement letter. Value added tax at the applicable statutory rate is added. Travel and out-of-pocket expenses are billed separately when they exceed 30 kilometres one way.
The client provides the documents required for the engagement (in particular land register extract, floor plans, tenancy schedule, cost sheets). Where documents are missing, TWGA points this out. Delays caused by incomplete documents fall within the client's sphere of responsibility.
TWGA is liable in accordance with statutory provisions in cases of intent and gross negligence. In cases of ordinary negligence, liability is limited to the typical foreseeable damage, up to the amount of the fee agreed for the specific engagement. This limitation does not apply to injury to life, body or health, nor to claims under the Product Liability Act. TWGA is not the appraisal author. Liability for the content of the appraisals themselves lies with the commissioned experts under their own professional indemnity insurance.
TWGA treats all client information as confidential. Information is shared with the commissioned experts only to the extent required for the execution of the engagement.
Consumers have a statutory right of withdrawal for contracts concluded at a distance. Details are set out in the separate Right of Withdrawal notice.
These Terms and the entire engagement are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the client is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Munich. TWGA is also entitled to bring proceedings at the client's general place of jurisdiction.
Should any provision of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. In place of the invalid provision, that valid provision shall apply which comes closest to the economic intent of the invalid provision.