General Terms and Conditions of the LOGIVEST Group
The LOGIVEST Group includes the following companies: LOGIVEST GmbH, Munich – LOGIVEST NRW GmbH, Cologne – LOGIVEST Stuttgart GmbH, Leinfelden-Echterdingen – LOGIVEST Concept GmbH, Munich – LOGIVEST Projektmanagement GmbH, Munich
1. Validity of the General Terms and Conditions
The following General Terms and Conditions (GTC) shall apply exclusively to all contracts/brokerage agreements to be concluded or concluded with the LOGIVEST Group, with the exception of Logivest Projektmanagement GmbH and Logivest Concept GmbH as well as the special online offers of Logivest GmbH "logivisor.com" and "gewerbegebiete.de" (their own GTC shall take precedence over these GTC). General terms and conditions of contractual partners are rejected if they contradict these General Terms and Conditions.
2. Applicable law/conclusion of contract/place of performance
2.1. German law shall apply exclusively to all legal transactions with the LOGIVEST Group.
2.2. Apart from the written contractual provisions and these General Terms and Conditions, no other agreements have been made between the parties.
2.3. The place of performance for the contractual services to be provided by the LOGIVEST Group is Munich, Cologne and Stuttgart, depending on the company. Accordingly, the LOGIVEST Group's place of performance is as follows:
LOGIVEST GmbH, place of fulfillment Munich
LOGIVEST NRW GmbH, place of fulfillment Cologne
LOGIVEST Stuttgart GmbH, place of fulfillment Leinfelden-Echterdingen
LOGIVEST Concept GmbH, place of fulfillment Munich
LOGIVEST Projektmanagement GmbH, place of fulfillment Munich
2.4. The LOGIVEST Group is entitled to commission suitable third parties at any time to fulfill its contractual obligations. Likewise, each LOGIVEST Group company is entitled to engage other LOGIVEST Group companies to fulfill its contractual obligations.
3. Subject matter of the contract
3.1. The LOGIVEST Group provides its services for contract conclusion matters/property brokerage based on information provided by third parties. The LOGIVEST Group shall only be liable for the accuracy and completeness of the information provided by the LOGIVEST Group and passed on by the LOGIVEST Group in the event of intent and gross negligence. This also applies in particular to all details or information on the general or special condition of the property, on the type, scope, subject and purpose of the structural use or other usability of the property, on the general or special suitability of the property for the ideas or purposes of the interested party. In the event of damage resulting from injury to life, limb or health, the LOGIVEST Group shall also be liable in the event of mere negligence.
3.2. The LOGIVEST Group's offers/exposés are subject to change and are not legally binding.
3.3. In addition to brokerage services, the LOGIVEST Group also provides other services on the basis of these General Terms and Conditions. These other services are to be regulated in individual contracts where applicable and invoiced in accordance with a separate agreement.
4. Origin and due date of the commission
4.1. The LOGIVEST Group's entitlement to commission arises upon conclusion of the main contract, i.e. in particular lease, rental or purchase contracts as well as purchase and sale, exchange, transfer of shares, leasehold contract or economically equivalent contracts for the property brokered by the LOGIVEST Group. For the commission to arise, it is sufficient for the LOGIVEST Group to have played at least a contributory role in the conclusion of this contract by providing brokerage services. The brokerage service of the LOGIVEST Group may be the proof of an opportunity to conclude a main contract or the brokerage of a main contract. A subsequent and mutually agreed cancellation of a main contract by the parties to the main contract does not affect the commission claim arising for the LOGIVEST Group. Proof of the opportunity to conclude a main contract (proof) is also provided by the LOGIVEST Group if the client does not immediately assert prior knowledge to the LOGIVEST Group after receipt of the offer (see Section 6.2 below). The LOGIVEST Group shall also be deemed to have provided evidence if a main contract is concluded for another property that is economically comparable to the property offered by the LOGIVEST Group and for which the LOGIVEST Group has provided evidence or brokered the main contract.
4.2. A rental/lease agreement that is concluded between the project developer and a tenant/leaseholder identified by the LOGIVEST Group through the involvement of a project developer is subject to commission for the project developer vis-à-vis the LOGIVEST Group, unless otherwise agreed.
4.3. The entitlement to commission shall also arise if a main contract has been concluded that differs from, but is economically equivalent to, the transaction originally proven or brokered by the LOGIVEST Group. In particular, a main contract shall also be deemed to be economically equivalent if it has been concluded under conditions that differ from those in the LOGIVEST Group's offer. The same applies if a main contract other than the one originally envisaged is concluded that is economically identical to the intended transaction or differs only insignificantly from the intended transaction in terms of its economic success.
4.4. Unless otherwise agreed, the LOGIVEST Group's commission claim is due for payment in full no later than 10 days after invoicing by the LOGIVEST Group.
5. Amount of commission
The following commission rates are agreed between the client and the LOGIVEST Group for evidence and/or brokerage:
5.1. Purchase
In the case of an asset deal or the purchase of companies or company shares (share deal), the commission payable to the LOGIVEST Group is based on the total purchase price, or, in the case of notarization, on the notarized total purchase price and all associated ancillary services. Unless otherwise agreed, the commission amounts to 5% net for a value up to and including EUR 5 million, 4% net for a value of more than EUR 5 million up to and including EUR 10 million and 3% net for a value of more than EUR 10 million. In the case of the transfer of company shares or rights, the real estate value/real estate purchase price stated in the share purchase agreement is decisive for the purchase price calculation instead of the notarized total purchase price.
5.2. Leasehold
In the case of the creation and transfer of leaseholds, the LOGIVEST Group charges a commission in accordance with the above scale (Clause 5.1) from the contract value according to the purchase/transfer agreement or from the ground rent for the next 20 years from the conclusion of the leasehold agreement, whereby the higher value is to be applied (percentage according to the scale from the contract value or percentage according to the scale from 20 times the annual value of the ground rent).
5.3 Letting and leasing of commercial space
For the letting/leasing of commercial space, in particular office and industrial space, the commission payable to the LOGIVEST Group is 3.0 net monthly rents. For lease terms of 7 years or more, the commission payable to the LOGIVEST Group increases to 3.5 net monthly rents.
For a lease term of 10 years or more, the commission payable to the LOGIVEST Group then increases to 4.0 net monthly rents. The term net monthly rent refers to all rented areas including ancillary areas and parking spaces. If a graduated rent (or lease) has been agreed in the rental agreement (or lease), the average net rent over the entire term of the agreement is decisive for the amount of the commission. Rent-free periods or periods with reduced rent (e.g. due to renovation work, etc.) are not included in the calculation of the average net rent and are not taken into account.
5.4 Statutory value added tax
The above commissions are exclusive of the respective statutory value added tax.
6. Obligations of the client
6.1. If the recipient of property information of any kind, which he has received from the LOGIVEST Group (usually the client), passes on information about a property presented to him by the LOGIVEST Group to a third party and a main contract is subsequently concluded with that third party, the client is nevertheless obliged to pay commission to the LOGIVEST Group. Third parties are obliged to compensate LOGIVEST for any damage resulting from the unauthorized forwarding of the property information. The damage consists of the lost commission, whereby it must be assumed that LOGIVEST would have earned the commission without the unauthorized disclosure of information. The client is obliged to treat all information, offers, etc. received from the LOGIVEST Group as confidential.
6.2. If the client is already aware of the property identified by the LOGIVEST Group, he is obliged to inform the LOGIVEST Group immediately in writing and provide evidence of this. Otherwise, the client shall in any case be obliged to pay the LOGIVEST Group a commission in accordance with Sections 4 and 5 of these General Terms and Conditions upon conclusion of a contract for the property identified.
6.3 The client is obliged to inform the LOGIVEST Group immediately of the conclusion of the main contract, including the framework data of the contract relevant for the calculation of commission, and to provide the LOGIVEST Group with a copy of the main contract.
7. Commissioning by third parties
The LOGIVEST Group is also entitled to act on behalf of the other party to the main contract, whether in return for payment or free of charge. In this case, the LOGIVEST Group shall carry out its activities in a dutiful manner. The contractual partner agrees to any double representation by the LOGIVEST Group.
8. Liability
8.1. All information provided in letters, exposés, etc. and statements made about the characteristics of the offered property are provided to the best of our knowledge and belief and it is the responsibility of the customer to check this information in each case. The LOGIVEST Group accepts no liability whatsoever for the accuracy and completeness of the information and statements provided. Figures are always to be understood as approximate, even where this is not expressly stated, and no guarantee is given for their accuracy and completeness. Offers from the LOGIVEST Group are always confidential and only intended for the respective client personally. Disclosure to third parties is only permitted with our express written consent.
8.2. The LOGIVEST Group's liability for the breach of primary contractual obligations shall be determined in accordance with the statutory provisions. Liability for a slightly negligent breach of secondary contractual obligations is excluded. In the event of a grossly negligent or intentional breach of secondary contractual obligations, the LOGIVEST Group shall also be liable in accordance with the statutory provisions. The LOGIVEST Group shall not be liable for indirect or consequential damages. Liability is also limited to reasonably foreseeable damage typical of the contract at the time of the damaging event
9. Data protection
The client expressly agrees that the LOGIVEST Group is authorized to store and transmit the necessary personal data of the client for the purpose of automatic data processing in order to fulfill this contract. The client therefore waives any further notifications within the meaning of the Federal Data Protection Act. Further details on the processing of personal data, in particular on the rights of data subjects and contact persons, can be found in the data protection notice on our homepage.
10. Money laundering check
The LOGIVEST Group is legally obliged to carry out a money laundering check. The client undertakes to provide LOGIVEST with the information and documents required by law for the money laundering check and to notify LOGIVEST immediately in writing of any changes. This also includes informing LOGIVEST immediately whether he himself, members of the management body and/or the beneficial owner is a politically exposed person (PEP) or whether they are to be regarded as a family member or related party of such a PEP.
11. Effectiveness of the terms and conditions
Should individual provisions or parts of a contract be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions and parts of the contract. In this case, the parties undertake to replace the invalid or unenforceable provision with a provision that comes as close as possible to what the parties would have agreed economically, legally and taking into account the legitimate interests of the parties if they had been aware of the invalidity or unenforceability of the provision in question.
12. Place of jurisdiction
In business transactions with merchants, depending on the company, the exclusive place of jurisdiction is Munich, Cologne or Stuttgart. Accordingly, the LOGIVEST Group's place of jurisdiction is as follows:
LOGIVEST GmbH, place of jurisdiction Munich
LOGIVEST NRW GmbH, place of jurisdiction Cologne
LOGIVEST Stuttgart GmbH, place of jurisdiction Stuttgart
LOGIVEST Concept GmbH, place of jurisdiction Munich
LOGIVEST Projektmanagement GmbH, place of jurisdiction Munich
The LOGIVEST Group includes the following companies:
LOGIVEST GmbH, Oberanger 24, 80331 Munich
Local court: Munich
HRB no.: 125 709
Kuno Neumeier
LOGIVEST NRW GmbH, Claudius-Dornier-Str. 5b, 50829 Cologne
Local court: Cologne
HRB no.: 87310
Thomas Schmidt, Kuno Neumeier
LOGIVEST Stuttgart GmbH, Meisenweg 33, 70771 Leinfelden-Echterdingen
Local court: Stuttgart
HRB no.: 755926
Nikolai Windhäuser, Kuno Neumeier
LOGIVEST Concept GmbH, Oberanger 24, 80331 Munich
Local court: Munich
HRB no.: 160391
Kuno Neumeier
LOGIVEST Projekt Management GmbH, Oberanger 24, 80331 Munich
Local court: Munich
HRB no.: 260162
Kuno Neumeier, Carsten Felix
