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Order for mediation

Präambel

The KOMSA Group* is a provider of comprehensive products and services in the ITC market. The aim of the agency agreement is to provide you as a potential business partner (hereinafter referred to as the client) with optimum support in your activities as a specialist dealer and to network with KOMSA companies in accordance with your business orientation.

Subject matter of the contract

You instruct KOMSA AG with the mediation of a business initiation with one or more affiliated companies of the KOMSA Group in accordance with § 15 AktG.

As part of the fulfillment of the mediation order, you will receive a channel assignment form (questionnaire) from us in which you can provide information on your planned business orientation. Based on the information on your professional activity, planned sales channels, intended product portfolios, cooperation with preferred manufacturers, affiliation to a trade organization/cooperation and the channel network operator business/provider stores, you will be assigned to the respective sales channel and to the partner companies that come into question for you.

The companies in the KOMSA Group are specifically geared towards certain sales channels and can provide you with the best possible support in the respective sales channel.

As part of the fulfillment of the contract, KOMSA AG will process the data collected by the customer and transmit it to the affiliated companies within the KOMSA Group selected as part of the placement.

Contacting the customer

The potential contractual partner(s) within the KOMSA Group, to whom the data was transmitted, will use the transmitted data of the client to establish a business relationship. For this purpose, these companies will make contact by email and/or telephone and/or post.

Limitation of liability

The KOMSA Group is liable without limitation for intent and gross negligence.

  1. The KOMSA Group is only liable for simple negligence - except in the case of injury to life, body or health - if essential contractual obligations (cardinal obligations) are violated. Liability is limited to the foreseeable damage typical for this type of contract, but up to a maximum amount of EUR 500.
     

  2. Liability for indirect and unforeseeable damages, loss of production and use, loss of profit, loss of savings and financial losses due to third-party claims is excluded in cases of simple negligence - except in cases of injury to life, limb or health.
     

  3. Any further liability beyond that provided for in this contract is excluded, regardless of the legal nature of the claim asserted. However, the above limitations or exclusions of liability shall not apply to strict liability prescribed by law (e.g. under the Product Liability Act) or liability under a no-fault guarantee.
     

  4. Insofar as the liability is excluded or limited according to clauses 2 and 3, this also applies to the personal liability of the employees, workers, representatives, organs and vicarious agents of the KOMSA Group.

* You will find the KOMSA Group companies here. 

Status 2022/05