Note: Only the German version of these General Terms and Conditions is legally binding. The English version is provided for convenience only and has no legal effect.
hhpberlin – Ingenieure für Brandschutz GmbH - General Terms and Conditions (GTC)
Version: January 2026
1. Scope / Contracting Parties
1.1. These General Terms and Conditions (GTC) form the basis of all contractual and non-contractual relationships between hhpberlin – Engineers for Fire Protection GmbH (hhpberlin) and its clients.
1.2. These GTC apply exclusively. Any conflicting or deviating terms and conditions of the client shall not be recognized unless hhpberlin has expressly agreed to their validity in writing. These GTC also apply if hhpberlin, aware of conflicting or deviating terms, unconditionally accepts the offer to conclude a contract. These GTC shall also apply to future contracts with the client.
1.3. Contractual provisions deviating from these GTC and agreed between the contracting parties in the service description according to Clause 2.1 shall take precedence over these GTC.
1.4. Contracting party:
hhpberlin – Engineers for Fire Protection GmbH
Otto-Ostrowski-Straße 5
10249 Berlin, Germany
+49 (30) 89 59 55 0
2. Conclusion of Contract / Execution / Client Cooperation
2.1. The basis for concluding an agreement with hhpberlin is the specific service description, which details the services offered by hhpberlin for the respective project and the agreed remuneration.
2.2. Any additional or amended requests by the client that lead to increased effort by hhpberlin are considered additional services beyond the scope of Clause 2.1 and must be coordinated and, if necessary, offered separately prior to execution.
2.3. The project and contractual language is German.
2.4. Minutes of meetings with the client prepared and sent by hhpberlin serve as commercial confirmation letters. Instructions, agreements, or other legally relevant declarations included in the minutes become binding unless the client objects in writing within five working days.
2.5. The client is obliged to provide all necessary cooperation for hhpberlin’s performance, including supplying relevant documents and information in a timely manner. Any such cooperation obligations that arise during the course of the project must be promptly communicated. Should hhpberlin’s work require changes or repetitions due to incorrect or incomplete information, or if delays occur, the client shall bear the additional effort.
3. Third-Party Services / Subcontractors
3.1. hhpberlin is entitled to perform the assigned work itself or to engage vicarious agents/subcontractors in its own name.
3.2. Such agents are carefully selected, ensuring they have the necessary qualifications.
4. Deadlines / Schedules
4.1. Unless deadlines and schedules are confirmed in writing by hhpberlin, they are non-binding. If deadlines cannot be met despite due diligence by hhpberlin, the client may assert rights only after granting a written grace period of at least seven working days.
4.2. If hhpberlin is prevented from fulfilling its contractual obligations due to unforeseen events (e.g., mobilization, war, riots, strikes, natural disasters, transport disruptions, legal changes, governmental measures, or other unavoidable events beyond its control), agreed deadlines shall be extended appropriately.
5. Remuneration
5.1. hhpberlin provides fire protection engineering services that are not governed by the German Fee Structure for Architects and Engineers (HOAI); hence, HOAI does not apply. The remuneration is based on the specific agreement. Service descriptions are generally aligned with the current version of the AHO Fire Protection Working Group's recommendations, divided into basic and optional services unless otherwise agreed.
5.2. hhpberlin is entitled to issue interim invoices for services rendered at appropriate intervals. These are due upon delivery and receipt of the invoice. The final invoice becomes due upon full performance and receipt of a verifiable final invoice.
5.3. Unless otherwise agreed, payment is due within seven days of the due date without deductions. All prices are net prices and are subject to the applicable VAT.
5.4. Ancillary costs incurred during service provision are charged at a flat rate of 5% of the contract amount, unless agreed otherwise. These include, e.g., travel costs within hhpberlin’s office locations. They are due as per Clause 5.2.
5.5. hhpberlin is entitled to offset all claims against the client. The client may only offset claims if they are legally established or recognized by hhpberlin. Rights of retention may only be exercised if they relate to the same contractual relationship. Assignment of claims by the client requires prior written consent by hhpberlin. § 354a HGB remains unaffected.
5.6. hhpberlin retains ownership of all services, rights (especially copyrights), and materials (files, documents, items) provided until full payment has been received.
6. Copyright / Usage Rights
6.1. hhpberlin grants the client a non-exclusive right to use the paid and released deliverables. Unless otherwise agreed, the client may use hhpberlin’s services solely for the project described in the service description (Clause 2).
6.2. The client may transfer usage rights in full or in part to affiliated companies within the meaning of § 15 AktG. However, this does not include the right to edit or combine the work with other works.
6.3. Any use beyond the above requires separate written consent and remuneration.
6.4. hhpberlin may use the results and client name in its own marketing materials free of charge, including on its website and in presentations or competitions, even after contract termination. This is subject to written revocation by the client.
6.5. If hhpberlin develops software or code as part of the services, the source code and documentation are not included in the granted rights unless explicitly agreed.
7. Acceptance / Warranty
7.1. If hhpberlin owes a specific result under a contract for work, the client must accept it upon delivery. If no explicit acceptance is given within five working days and there is no justified refusal, the work is considered accepted. If the work deviates significantly from the order, hhpberlin must be given a chance to correct it. Use of the work in accordance with the contract implies acceptance.
7.2. The client must inspect deliverables immediately and report defects before use. Failure to do so excludes warranty claims for obvious, known, or consequential defects.
7.3. If a defect attributable to hhpberlin exists, hhpberlin may at its discretion rectify or replace the work. hhpberlin has the right to two rectifications within a reasonable timeframe. Otherwise, statutory provisions apply.
8. Liability / Limitation / Insurance
8.1. Claims for damages are limited to typical and foreseeable damages in case of simple negligence by hhpberlin, its representatives, or agents. They are excluded entirely in case of slight negligence unless a cardinal obligation is breached. These exclusions do not apply to intentional conduct, warranties, injury to life, body or health, or under the Product Liability Act.
8.2. Claims against hhpberlin expire one year after the statutory limitation period begins, except for § 202 BGB. Warranty claims expire one year after delivery. Exceptions apply to injuries and gross negligence, for which statutory periods remain.
8.3. hhpberlin maintains professional liability insurance with HDI Versicherung AG with a coverage amount of €5,000,000.00 for personal injury, property damage, and financial loss.
9. Confidentiality
9.1. hhpberlin and the client mutually undertake to treat as confidential all information and documents marked as confidential or recognizable as trade secrets, unless required for contract performance. This also applies to ideas, concepts, and drafts not yet commissioned or paid for by the client.
10. Data Protection / Data Security
10.1. The client confirms that any personal data transferred to hhpberlin has been collected and processed in accordance with applicable data protection laws (esp. GDPR), and that hhpberlin’s use of the data complies with applicable consents or legal permissions.
10.2. The client shall back up all data and programs before submitting them to hhpberlin to allow recovery in case of data loss. hhpberlin is not liable for lost client data.
10.3. hhpberlin processes personal data exclusively in accordance with the GDPR and related laws. Further details are available in hhpberlin’s privacy policy.
11. Place of Performance / Jurisdiction / Applicable Law / Written Form
11.1. The place of performance is Berlin, the registered office of hhpberlin.
11.2. If the client is a merchant, the exclusive place of jurisdiction is Berlin. The same applies if the client has no general jurisdiction in Germany or if their residence is unknown at the time of legal action.
11.3. This agreement is governed by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply. In the event of discrepancies between the German and any translated version, the German version shall prevail.
11.4. Where the terms “written” or “in writing” are used, text form pursuant to § 126b BGB (e.g., email, fax) is also acceptable.
11.5. If any provision of these GTC is or becomes invalid, the remaining provisions remain unaffected. The invalid provision shall be replaced by one that most closely reflects its economic intent.
12. Miscellaneous
12.1. hhpberlin reserves the right to amend or supplement these GTC in the future. Any changes will be communicated to the client at least two weeks in advance (e.g., by email) and published on hhpberlin’s website.
12.2. If the client does not object within two weeks of the notification (receipt of the objection by hhpberlin is decisive), or continues using hhpberlin’s services, the amendments become effective. The client will be specifically informed of this in advance.
January 2026
