General Terms and Conditions of Financial Projects S GmbH

Introduction

Financial Projects S GmbH (hereinafter referred to as “Financial Projects”) serves as a broker concerning financing commercial fixed assets for companies and their decision-makers (hereinafter referred to as “clients”).

Financial Projects is a neutral and independent consulting company with the focus on project and corporate financing.

According to the rules of BaFin, a check on clients‘ creditworthiness is required for all offered financial products and will be prepared by Financial Projects in close cooperation with the client. In a tendering procedure, credit documents will only be provided to financial institutions in accordance with prior agreement of the client. Financial Projects accompanies the client’s request until approval by the financial institution and organizes the follow-up care in the client’s interest.

Based on its own corporate code and Sections 86 III, 347 I of the German Commercial Code (HGB), Financial Projects undertakes its activities in accordance with the principles of a prudent businessman.

In addition to the framework of statutory provisions for brokerage services, in particular Section 652 ff of the German Civil Code (BGB), we are using the “General Terms and Conditions” as basis for our services. Unless otherwise agreed in writing, these General Terms and Conditions shall apply.

By registering on the website „https://financialprojects.de“, the user entirely agrees to the Terms and Conditions of Financial Projects. Using the website is not admissible without this consent.

On the client side, only traders have the exclusive right of using the website within the scope of their activities. Use by other groups of people, in particular consumers, is prohibited.

§ 1 Confidentiality

All information accepted and provided by Financial Projects is subject to strict confidentiality. Financial Projects reserves the information only for the addressed recipient and client. Without express written approval by Financial Projects, disclosure of information is not admissible. Financial Projects reserves the right to claim a contractual penalty and, where appropriate, further claims for damages in the event of unauthorized disclosure of confidential information.

§ 2 Scope of Services

Financial Projects provides a website under URL https://financialprojects.de, where clients can submit requests concerning investment financing in fixed assets and working capital financing. For financing of machinery and equipment as well as various vehicle classes, our website provides regularly updated financing conditions, which can be used by clients to calculate investment projects. These conditions are non-binding. A personal login area will be provided to obtain financing data.

Financial Projects submits a legally binding and signed Declaration of confidentiality to each client and identifies the client´s individual requirements for a credit check on creditworthiness in accordance with the specific regulations of the German Banking Act (KWG) and the MaRisk of the BaFin. The distribution of these documents to financial institutions, either complete or in extracts, is coordinated with the client as well as the selection of the financial institution.

Financial Projects operates free of interest of financial institutions, acts independently, is not bound by any instructions and respects the latest compliance standards.

All financing products, requested by the clients, will be tendered professionally at selected financial institutions.

Financial Projects does not guarantee the conclusion of a contract between client and financial institution.

Financial Project will obtain and pre-select all contract documents. Financial Projects owes the effort to the client to pass on to and to negotiate the approved tendering with financial institutions. Financial Projects does not assume any responsibility or liability for the success of the tendering and the related negotiation.

§ 3 Registration

Setting a financing request via the website requires the registration of the interested person. To use the calculation tool, the contact person’s email address and name are sufficient.

There shall be no right for registration. Financial Projects is entitled to refuse registration without giving reasons and/or request necessary evidence and/or to block the registration retrospectively. Registration is permitted to all natural and legal persons/entities, who are able to operate without restriction in the course of their commercial activities.

The process of registration is based on authentication.

Financial Projects is entitled to contact persons via email or telephone within the scope of normal business hours.

§ 4 Proof of Offers

For contracts, concluded by evidence or brokerage by Financial Projects, Financial Projects is entitled to a brokerage commission from the institution that concludes the financing contract. The claim is limited to leasing companies. The fees paid by the leasing company may be included partially or completely in the conditions of the financial service provider.

Proof of a contract brokered by Financial Projects shall be deemed to be provided, unless the financial institution declares within 4 days after receipt of the request that it has already been aware of the offer and proves the source.

§ 5 Brokerage Commission

Unless otherwise stated, commission payments are related to the economic contractual value of contracts concluded with leasing companies. The respective economic value of the contract consists of the present value, due immediately or at a later date. The economic value of the contract does not include VAT to be paid by the buyer on the purchase price or other components of the economic contract value.

§ 6 Information Obligations of Contractual Partners

Financial Projects has the right to access concluded contracts as well as the right to be present at contract conclusion. Contractual partners are obliged to inform Financial Projects in due time about place and time of the scheduled subscription date. Contractual partners are also obliged to provide Financial Projects with a copy of the contract, including all annexes and ancillary agreements.

If a contracting party abandons its intentions, it is obliged to inform Financial Projects immediately.

If the contractual partners, introduced through proof or brokerage by Financial Projects, enter into direct negotiations, they are obliged to inform their contractual partner about the brokerage by Financial Projects. Furthermore, the negotiator is obliged without request to inform Financial Projects in writing about the negotiation content and results immediately.

§ 7 Liability, Damages

Financial Projects compiles the information and offers provided to the best of its knowledge and with great care based on data and information, provided by third parties. The information is not checked. Financial Projects does not accept any liability for the information provided.

A financing contract is concluded exclusively between the client and the respective financing institution. The conclusion of the contract is at the sole discretion of the two contracting parties. The contracting parties are therefore responsible for the same personal prudence and auditing duty as if the contract had been concluded without the brokerage of Financial Projects.

Claims for damages against Financial Projects are excluded with the exception of intentional or grossly negligent conduct. This does not apply to damage to life, limb and health.

Financial Projects is entitled to compensation for costs incurred and for its time spent, if the customer violates his contractual obligations.

Any mutual claims must be submitted within 3 years after the origin of a claim, otherwise they shall be time-barred.

§ 8 Final Provisions

Any cancellation, termination, amendment or additions of these General Terms and Conditions (GTCs) must be in writing. Any contracts and agreements about the omission of the written form requirement and based on these GTCs are to be made in writing as well.

Exclusively the law of the Federal Republic of Germany governs contracts based on these GTCs. The provisions of the UN Convention on Contracts for the Sale of Goods do not apply. Place of performance and place of jurisdiction is Mülheim an der Ruhr, Germany.

Contractual terms and conditions that deviate from these General Terms and Conditions shall only apply, if Financial Projects expressly acknowledges them in writing. They do not apply even, if Financial Projects does not expressly contradict the deviating terms and conditions.

As of August 2016, 2019: convenience translation of the original German version (as of January 2, 2017)