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General Terms & Conditions

1. Conclusion of contract

  • A contract is concluded when the proposal has been accepted by the client.

  • THE BF & PARTNERS AG reserves the right to refuse or to accept tasks without providing explanation and may interrupt, shorten or terminate the execution of the assignment if the client makes it difficult or impossible to fulfill the assignment, or if the client is unable to fulfill the payment.

 

2. Scope of the assignment

  • The content and scope of a specific task will be individually assessed, determined and recorded in writing.

  • If the need for additional or supplementary activities arises, the client will be made aware. In these cases, there will be an additional oral and written assignment order extension. The same applies if the client voluntarily requests additional or supplementary activities.

  • Unless specifically agreed, THE BF & PARTNERS AG is not authorized to sign and undertake contracts in the name and on behalf of the client.

  • A concrete success of an assignment is neither owed nor guaranteed.

 

3. Participation of the client

  • The client must provide THE BF & PARTNERS AG all the information and documents that are required to perform deliverability of the assignment within timeline without any special request. THE BF & PARTNERS AG may assume that the documents, information, and instructions provided are correct and complete.

 

4. Liability 

  • THE BF & PARTNERS AG provides its services with the necessary care. In the event of breach of contract by THE BF & PARTNERS AG, THE BF & PARTNERS AG is liable for the proven direct damage that was caused intentionally or through gross negligence. In the event of simple negligence, THE BF & PARTNERS AG's liability is limited to a maximum of double the contractually owed fee. Liability for auxiliary persons is i.S.v. Art. 101 para. 2 CO excluded. 

  • THE BF & PARTNERS AG is only liable for direct damage and in no case for consequential or indirect damage (such as loss as a result of unexplored or executed business, loss of data, destroyed or illegible data, expenditure of time, or for lost profit, damage to goodwill or the reputation) that result from the completion, termination or postponement of an assignment order. 

  • THE BF & PARTNERS AG explicitly excluded from any further liability from the contract or other legal reasons to the extent permitted by law. 

 

5. Exchange of information 

  • THE BF & PARTNERS AG is authorized to share information and documents necessary with potential financing partners in order to explore financing possibility. THE BF & PARTNERS AG undertakes to handle confidential data with care and to only disclose the necessary information to parties that are directly involved in the financing or are eligible for this. Both parties undertake to treat the content of this agreement confidentially and to make it available to third parties only with the written consent of the other parties. 

  • All information provided by THE BF & PARTNERS AG about the terms and conditions of the financing and / or interest rate hedging, as well as evaluations and reports are only indicative and do not claim to be binding and complete. The legally binding T&C to each case will be from the third parties (bank, insurance, etc.) with which the client establishes a financing and / or interest rate hedging contract. 

  • The client authorizes today's and future’s capital providers to hand over all investment, credit documents and information to THE BF & PARTNERS AG. The client will issue any bank secrecy releases and power of attorney required now or later upon request from THE BF & PARTNERS AG. 

  • THE BF & PARTNERS AG is authorised to apply for the agreements presupposed by the investor on behalf of the client and, if necessary, to submit them to the client for signing. THE BF & PARTNERS AG is authorised to accept duplicates or copies of extracts as well as other communications addressed to the client (e.g. offers, contract documents etc.).

  • The client bears exclusively the damage resulting from the use of post, telephone, fax, e-mail and other measures of transmission, and any associated risks, such as loss, delay, irregularities, misunderstandings, mutilations or duplicates. The client bears the consequences of a lack or lack of knowledge of THE BF & PARTNERS AG, lack of legitimacy and counterfeiting. Without explicit instructions to the contrary from the client, THE BF & PARTNERS AG is authorized to correspond with the client by email. The client is aware that e-mail messages can be intercepted, changed or read by unauthorized persons. 

  • The client agrees to be mentioned by name on THE BF & PARTNERS AG's list of references.

 

6. Remuneration of the contractor 

  • The fee is set in writing. The design, scope and content are the responsibility of THE BF & PARTNERS AG and the client. All prices are exclusive of Swiss VAT. 

  • Unless otherwise agreed, THE BF & PARTNERS AG bills monthly. THE BF & PARTNERS AG is also entitled to invoice reasonable advances for the services to be provided. 

  • In the case of an agreed profit sharing or arrangement fee, these are calculated on the basis of the capital and credit limits available after the optimization. The profit sharing or arrangement fee will be invoiced within 30 days of the signing of the loan agreement. 

  • The payment period is 30 days. Deductions of any kind are not permitted. THE BF & PARTNERS AG is entitled to demand default interest, surcharges and / or reminder fees if the payment term is exceeded after a written reminder to the client. In the case of debt enforcement to the client, all costs incurred are borne by the client. This includes the debt enforcement fee and compensation for lost work time including default interest. The costs incurred will be charged separately. 

  • Objections or justified objections must be submitted within a maximum of 10 days after receipt of the invoice. After the deadline, the invoice is considered approved. 

 

7. Cooperation with financial institutions 

  • THE BF & PARTNERS AG specifically waives all compensation from banks, insurance companies and other financiers. 

  • With the conclusion of derivatives, interest rate hedges, foreign currency products, etc., the client confirms that he has been informed in detail by THE BF & PARTNERS AG and the counterparty (e.g. bank) about the economic opportunities and risks of these transactions (e.g. negative interest rate problems with zero floor in the credit agreement, transactions in foreign currency), that he understands them and consciously received. THE BF & PARTNERS AG only provides judges from an economic perspective. The clients are encouraged to obtain legal assessments from a legal specialist of his choice. THE BF & PARTNERS AG assumes no liability for losses that may arise from transactions.

 

8. Termination of contract

  • Both parties can terminate this contract in writing at any time. It ends upon termination by the client and receipt of the written notification by THE BF & PARNTERS AG. If THE BF & PARTNERS AG terminates, the termination becomes effective upon receipt by the client, but no later than seven days after the termination has been sent by THE BF & PARTNERS AG.

  • Termination does not result in the interruption of current credit and interest transactions. As a result, the client agrees to undertake such business.

  • At the time the contract is terminated by THE BF & PARTNERS AG, financing and hedging that has already been initiated and / or negotiated are fully liable to compensation and profit sharing until they expire. This also applies to transactions that have already been negotiated but will only be effective in the future (so-called forwards). This compensation and profit sharing are due immediately upon termination.

 

9. Final provisions

  • The contract, including this provision, can only be changed or canceled in writing.

  • If any part of the contract becomes void or ineffective, the remaining provisions remain in force.

  • All legal relationships between the client and THE BF & PARTNERS AG are subject exclusively to Swiss law. Place of performance, place of enforcement, the latter only for clients with a foreign domicile, and sole place of jurisdiction for all disputes is in Zurich, Switzerland. However, THE BF & PARTNERS AG is authorized to assert their rights at the client's domicile or before any other competent authority, whereby only Swiss law remains applicable.

  • In the event of discrepancies between the English and German versions of these General Terms and Conditions, the German version shall prevail.

Zürich, 1st January 2020

T&C: About Me
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