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1. Quotations |
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We
ensure that we have been feeed and
authorized by the owner or his or her representative
to offer the object on the conditions mentioned.
The information stated in our quotation
is based on the data forwarded to us by
the seller. Consequently, we do not assume
liability for its correctness and completeness.
Our quotations shall be subject to confirmation
and are noncommittal. Errors, prior sale
and/or prior lease remain subject to change.
All of our quotations and any other notifications
are solely meant for your - the addressee's
- use and shall thus be treated confidentially.
Circulation to any third party shall require
our written consent. In case a contract
should be concluded with the proven owner
of the object or his or her representative
following unauthorized circulation, you
shall be obliged to compensate us for the
damage which corresponds to the fee
lost. |
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2. Precognition and causality
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In
case you have already recognized a verified
opportunity for the conclusion of a contract,
you shall be obliged to promptly notify
us by means of disclosing the source of
information. In case we receive no notification,
the circulation of our information to the
party interested shall be considered as
partially causal to the successful conclusion
of a contract, and shall as such justify
your obligation to pay fee. In case
an object offered by us will be offered
to you directly or through third parties
at a later time once again, you shall be
obliged on the other hand to enforce the
precognition acquired through us towards
the seller and to reject any potential third-party
estate agent services with respect to our
objects. |
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3. Development of the
fee claim |
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A fee claim shall also be considered
in the case that, provided the identity
of the content is maintained, a contract
other than the contract offered will be
concluded. Insignificant deviations as regards
factual, economic, financial and legal matters
shall not affect the fee claim. The
obligation to pay the remuneration agreed
upon shall also be effective in the case
of an object diversity (conclusion of a
contract for another object owned by the
party to the agreement) as the party interested
could only receive information upon presentation
of our quotation which informs about the
existence of the seller/lessor and his or
her name and was therefore not able to conclude
a contract with him or her previously. |
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4. Maturity of the fee
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Our
fee shall be due upon certification
and/or conclusion of the contract. Several
clients shall be jointly and severally liable
for the entire fee. The fee
shall be paid without deduction eight days
after the presentation of the invoice. In
case of any delay, interest on arrears shall
fall due amounting to 3.5% p.a. above the
current central bank discount rate. |
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5. Exclusive order |
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All
conditions for exclusive orders, which are
conferred on us, shall be agreed upon within
the framework of individual contracts. |
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6. Activities regarding
the first part of the contract |
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We
shall be entitled to become active with
a view to the other part of the contract
in an unlimited manner and shall receive
payment for it. |
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7. Contractual negotiations
and conclusion of contract |
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If,
due to our proof and/or brokerage activities,
direct negotiations with the party appointed
by us are initiated, our activities shall
be referred to. We shall have the right
to be present during the conclusion of contract.
Moreover, we shall be notified about the
date in due time. Furthermore, we shall
have the right to be presented a copy of
the contract and of all associated additional
agreements. |
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8. Termination of the
order |
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In
case an order placed by us becomes invalid,
the client shall be obliged to promptly
inform us in writing. Any behavior contradicting
the terms of the contract from the part
of our client shall entitle us to claim
for compensation for material and time consumed
by us. The compensation for our time spent
shall be measured in accordance with the
compensation of sworn experts. |
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9.
Clause of partial nullity |
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Should
individual terms and conditions become ineffective,
the effectiveness of all other terms and
conditions shall remain unaffected. Potentially
ineffective provisions shall be replaced
by the relevant legal provisions that come
next to the original provisions. |
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10. Place of fulfillment
and venue |
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The
place of fulfillment and venue shall be
Fribourg.
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