General Terms and Conditions

of M2A Facility Management GmbH, Bürgermeister-Smidt-Straße 116, 28195 Bremen, Germany (hereinafter referred to as the "Contractor")

Section 1: Scope of Application

(1) These General Terms and Conditions apply to all contracts between M2A Facility Management GmbH and its clients (hereinafter referred to as the "Client") for the provision of facility management services, unless expressly agreed otherwise.

(2) Deviating terms and conditions of the Client shall not be recognised unless the Contractor expressly agrees to their validity in writing.

(3) These terms and conditions shall also apply to all future business relationships, even if they are not expressly agreed upon again.

Section 2: Subject Matter of the Contract

(1) The Contractor provides facility management services to the extent specified in the respective individual contract or framework agreement. These include, in particular: building cleaning, janitorial services, technical building management, security services, landscaping, and winter service.

(2) The exact scope of services results from the respective offer, the service specifications, and the concluded contract.

(3) Amendments and additions to the contract require written form.

Section 3: Client Obligations

(1) The Client shall provide the Contractor with the premises, access, connections (water, electricity), and information required for the provision of services in a timely manner and free of charge.

(2) The Client shall designate a contact person responsible for coordination and communication with the Contractor.

(3) Defects or special incidents must be reported to the Contractor without delay.

Section 4: Remuneration and Payment Terms

(1) Remuneration is based on the agreed offer. All prices are quoted exclusive of the applicable statutory value added tax.

(2) Invoicing takes place monthly unless otherwise agreed. Invoices are payable within 14 days of the invoice date without deduction.

(3) In the event of late payment, the Contractor is entitled to charge default interest at a rate of 9 percentage points above the respective base interest rate of the European Central Bank. The right to claim further damages is reserved.

(4) Set-off against counterclaims is only permissible if these are undisputed or have been established by final court judgment.

Section 5: Service Provision

(1) The Contractor provides its services with qualified specialist personnel and in compliance with the recognised rules of technology and the relevant statutory regulations.

(2) The Contractor is entitled to engage suitable subcontractors for the fulfilment of its contractual obligations.

(3) Service times and intervals are defined in the contract. Deviations require prior agreement.

Section 6: Warranty and Liability

(1) The Contractor warrants the proper provision of the contractually agreed services. Defects must be reported in writing without delay.

(2) In the case of justified complaints, the Contractor has the right to remedy the defect within a reasonable period.

(3) The Contractor's liability is limited to intent and gross negligence. In the case of slight negligence, the Contractor is only liable for the breach of material contractual obligations (cardinal obligations), with liability limited to the foreseeable, contract-typical damage.

(4) The above limitations of liability do not apply to damages resulting from injury to life, body, or health.

Section 7: Contract Term and Termination

(1) The contract term results from the respective individual contract.

(2) Unless otherwise agreed, the contract is automatically extended by 12 months each time if it is not terminated in writing with 3 months' notice before the end of the contract term.

(3) The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if a contracting party repeatedly violates material contractual obligations despite written warning.

Section 8: Confidentiality

Both contracting parties undertake to keep all confidential information that becomes known in the course of the collaboration secret and not to disclose it to third parties. This obligation continues to apply after termination of the contractual relationship.

Section 9: Data Protection

The Contractor processes personal data in accordance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). If personal data of the Client is processed in the course of service provision, the parties shall conclude a separate data processing agreement pursuant to Art. 28 GDPR.

Section 10: Final Provisions

(1) The law of the Federal Republic of Germany applies.

(2) The place of performance and jurisdiction is Bremen, provided that the Client is a merchant, a legal entity under public law, or a special fund under public law.

(3) Should individual provisions of these terms and conditions be or become invalid, the validity of the remaining provisions shall not be affected. The contracting parties undertake to replace the invalid provision with a valid provision that comes closest to the economic purpose of the invalid provision.

Last updated: March 2026