Terms and Conditions of the Federal Archives

Below are the Terms and Conditions of the Federal Archives – Stasi Records Archive (StUA).

General terms and conditions for publication orders (Last revision: 13.02.2024)

Please note: The English version is published here for information purposes only. Only the German text is legally binding.

1. Scope of Application

The following General Terms and Conditions apply exclusively to all contracts concluded with the Federal Republic of Germany/Federal Archives - Stasi Records Archive concerning publications, flyers and other media available for order on our website

publikation.stasiunterlagenarchiv@bundesarchiv.de

as well as to all orders described in Section 3 (3). They are an integral part of every agreement concluded between us and our customers (henceforth: the customer). Deviating general terms and conditions of the customer are not accepted unless their validity is expressly agreed to in writing by the provider.

2. Contractual Partners and Contact Details (consultation, complaints, claims)

(1) The contract is concluded with the Federal Republic of Germany, represented by the Federal Commissioner for Culture and the Media, represented by the Federal Archives, Stasi Records Archive, represented by the President of the Federal Archives, Potsdamer Str. 1, 56075 Koblenz.

(2) Information on the range of media available can be obtained from the Federal Archives - Stasi Records Archive from Monday to Friday between 8am and 2pm at +49 (0)30 18 665-7777 or by e-mail at: publikation.stasiunterlagenarchiv@bundesarchiv.de.

(3) Please contact us directly regarding any query about your order (e.g. dispatch status), delivery problems (e.g. complaints) or payment transactions:

E-mail: publikation.stasiunterlagenarchiv@bundesarchiv.de.

Tel: +49 (0)30 18 665-7777

Fax: +49 (0)30 18 665-6709

To ensure that your query is processed quickly, always include your order details (name, address or order number).

3. Placing an Order and Taking Steps to Conclude the Contract

(1) The customer can select from the available publications listed in the overview and add their selection to the electronic shopping cart by clicking on the ‘add to shopping cart’ button. The appearance of our media in the shopping cart, in our publications and in various flyers, such as our list of publications, does not constitute a legally binding offer, but rather an invitation to place an order.

(2) If possible, orders should be placed via the online overview of publications from the Stasi Records Archive: www.stasi-unterlagen-archiv.de/informationen-zur-stasi/publikationen. By clicking on the button ‘Order for a Fee’ or ‘Order’ (for free orders) you agree to the order of the media contained in the shopping cart. You will receive an order confirmation by e-mail, which does not constitute acceptance of the offer, but merely confirms receipt of the order. The purchase contract is concluded when the ordered media or invoice has been delivered.

(3) Alternatively, written orders (individual letters/standardised order forms) can be submitted using the following contact details:

Bundesarchiv – Stasi-Unterlagen-Archiv
Publikationen
10106 Berlin

E-Mail: publikation.stasiunterlagenarchiv@bundesarchiv.de
Fax:+49 (0)30 18 665-6709

For written orders, you must provide written consent of our Terms and Conditions. When you send a written order, you are submitting a binding offer. The StUA accepts the offer by delivering the ordered media or by sending the invoice.

(4) Orders with an invoice or delivery address outside the SEPA payment area and with a total order value of at least €50 must be placed by e-mail to: publikation.stasiunterlagenarchiv@bundesarchiv.de. The StUA reserves the right to execute these orders only against prepayment. (see Section 7 (2)). The reference number must be provided as the reason for payment.

4. Text of the Contract

The text of the contract is stored on our internal data system. You can view the Terms and Conditions at any time on this website.

5. Restrictions on Using Media from the StUA

(1) The media of the StUA are generally intended for personal use. Commercial use is only permitted for booksellers within the scope of Section 6 (2).

(2) Using or distributing media from the StUA for the purposes of election advertising is prohibited.

(3) For licencing reasons, some countries are excluding from using our media. More information can be found in the product description of the media in question.

(4) Not all DVDs and CDs in the StUA’s product assortment have a licence for non-commercial rental and non-commercial public screening (V+Ö rights). More information can be found in the product description of the media in question.

6. Nominal Charge

(1) The StUA demands a nominal charge for much of its information media. The nominal charge is displayed next to the individual media items in the online shop, in publications and on the corresponding advertising flyers.

(2) Booksellers receive a 50% reduction on the nominal charge. Upon presentation of proof, educators, pupils, students and educational centres also qualify for a reduced nominal charge:

Nominal charge on single items	Reduced nominal charge on single items for educators, pupils, students, educational centres	Reduced nominal charge on larger quantities (at least 5 copies) for educational centres
15.00 €	7.50 €	4.00 €
12.00 €	6.00 €	3.00 €
10.00 €	5.00 €	2.00 €
5.00 €	2.50 €	1.00 €
4.00 €	2.00 €	1.00 €
2.50 €	2.50 €	1.00 €
2.00 €	2.00 €	1.00 €

7. Delivery Times, Shipping Costs and Delivery Regulations

(1) The goods are dispatched by post. The provider bears the shipping risk if the customer is a consumer. The customer is a consumer if the purpose of the ordered goods and services cannot be predominantly attributed to their commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

(2) Delivery times depend on the shipping weight and destination. Within Germany, deliver usually takes approx. 7 working days; international shipments may take longer. No fees are charged for shipping. However, on 1 January 2024, the Stasi Records Archive introduced a flat-rate fee of €1.60 for packaging and transport of more than one publication. It should be noted that a selection of StUA publications can be downloaded for free.

(3) For deliveries to non-European countries, the recipient may incur additional costs in the form of import duties or taxes.

(4) The customer is responsible for ensuring that the order can be delivered in their absence.

(5) If, in accordance with section 3 (4), an order has been made by prepayment, the order will not be executed until the invoice amount has been credited to our account.

(6) Using DHL packing stations or post offices as the delivery address is only possible with private orders. In these cases, the customer is also required to provide their private address.

(7) The StUA reserves the right to combine individual deliveries to a single recipient.

(8) If, in addition to media available for immediate delivery, items are ordered which according to the product description are only available at a later date, the media will be dispatched separately (partial deliveries).

8. Terms of Payment

(1) All invoices are to be paid without deduction within 14 days of delivery to the account of the Bundeskasse Trier

Deutsche Bundesbank Filiale Saarbrücken
IBAN DE81 5900 0000 0059 0010 20
SWIFT/BIC MARKDEF1590

Postbank Ludwigshafen
IBAN DE55 5451 0067 0223 5446 72,
SWIFT/BIC PBNKDEFFXXX.

The reference number must be provided as the reason for payment. The account details are printed on the invoice. The customer shall be in default if payment is not made within the above-mentioned time period.

(2) The StUA reserves the right to execute orders with an invoice or delivery address outside the SEPA payment area and with a total order value of at least €50 only against prepayment. The prepayment invoice (declaration of acceptance) will be sent in PDF format to the e-mail address provided and must be paid within 30 days. If no payment has been received by the end of this period, the order will be cancelled.

(3) Cash payment or payment by credit card or cheque is not possible.

(4) If the StUA makes several partial deliveries due to different delivery times, a separate invoice shall be issued for each partial delivery.

(5) If the delivery and invoice addresses are identical, the invoice shall be included in the delivery. If a delivery consists of several parcels, one of the parcels shall contain the entire invoice. If the delivery address differs from the billing address, the invoice will be sent in PDF format to the e-mail address provided. A paper invoice can be sent on request.

(6) Banks may charge high fees for international transfers. These bank charges must be paid by the customer (so-called OUR transfer). Within the ‘Single Euro Payments Area (SEPA)’, a low-cost SEPA transfer in the EURO currency is recommended.

(7) If no payment is received 30 days after the 2nd reminder, the StUA will not consider any further orders from this customer.

9. Retention of Title

The media remain the property of the Federal Republic of Germany until the invoice amount has been paid in full.

10. Warranty

Warranty rights apply to all StUA information media, in particular §§ 434 ff. BGB (German civil code). The warranty period for items supplied by the provider to entrepreneurs is 12 months.

11. Right of Cancellation

You have the right to cancel this contract within fourteen days without providing a reason. The cancellation period is fourteen days from the day you or a third party named by you, who is not the carrier, takes possession of the goods. To exercise your right of cancellation, you must notify us of your decision by providing a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached sample cancellation form if you like, however this is not mandatory.

Bundesarchiv – Stasi-Unterlagen-Archiv
Publikationen
10106 Berlin

E-Mail: publikation.stasiunterlagenarchiv@bundesarchiv.de
Fax: +49 (0)30 18 665-6709

To meet the cancellation deadline, it suffices to send a notification that you are exercising your right of cancellation before the cancellation period has expired.

(1) Consequences of cancellation

If you cancel this contract, we shall reimburse to you all payments we received from you without undue delay and not later than 14 days from the day we are informed of your decision to cancel this contract.

For this repayment, we will use the same means of payment that you used for the original transaction, unless other arrangements have been agreed upon; under no circumstances will you be charged any fees for this repayment. We may wait to provide refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever happens first.

You must return the goods to us immediately and no later than fourteen days from the date you notified us of the cancellation of this contract.

The deadline is met if you dispatch the goods before the period of fourteen days has expired.

Bundesarchiv – Stasi-Unterlagen-Archiv
Publikationen
10106 Berlin

You bear the costs of returning the goods. You shall only be liable for any diminished value of the goods if this lost value, determined during an inspection of the product’s condition, characteristics and function, is attributed to your unnecessary handling of the product.

Cancellation form

Information on the sample cancellation form is provided as follows in accordance with legal provisions:

Sample cancellation form

(If you wish to cancel the contract, please complete this form and return it to us).

An Bundesarchiv – Stasi-Unterlagen-Archiv
Publikationen
10106 Berlin
E-Mail: publikation.stasiunterlagenarchiv@bundesarchiv.de
Fax: +49 (0)30 18 665-6709

- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only for notification on paper)

- Date

(*) Delete as appropriate

12. Final Provisions

(1) The contract shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The legal provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has their habitual residence, shall remain unaffected.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the registered office of the Federal Archives – StUA.

(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the legal provisions, if there are any. However, should this constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.

Additional Terms and Conditions of Contract (ZVB) of the Federal Archives (Last Revision: 01.04.2025)

Please note: The English version is published here for information purposes only. Only the German text is legally binding.

§ 1 Fundamentals

(1) The Additional Terms and Conditions of Contract (ZVB) of the Federal Archives (BArch) contain regulations for the contracts (service contracts and framework agreements) regularly concluded at the Federal Archives for supplies and services excluding construction work within the meaning of § 103 of the Act against Restraints of Competition (GWB), in particular for service, purchase and work contracts as well as for contracts for the supply of movable items to be manufactured or produced. These are Additional Terms and Conditions of Contract within the meaning of § 1 No. 2 lit. d) of the General Terms and Conditions of Contract for the Execution of Services as amended in 2003 (VOL/B).

(2) Within the framework of the contractual relationships, Regulation PR No. 30/53 on prices for public contracts of 21 November 1953 (Bundesanzeiger No. 244 of 18 December 1953) shall apply in the currently valid version. If third parties are included in the contract by the Contractor, they must be informed by the Contractor of the validity of the regulation before they are included.

(3) In the following, reference is made to individual provisions of the VOL/B by the additions in brackets in the paragraph titles.

§ 2 Components of the Contract (in conjunction with § 1 VOL/B)

(1) The nature and scope of the mutual services shall be determined by the contract.

(2) Components of the contract are:

(a) the text of the contract including annexes

(b) the specification of services, if applicable including the Client’s specifications from the underlying award procedure, including the associated annexes and information provided as part of the award procedure, if provided in writing

(d) any Supplementary Terms and Conditions of Contract

(e) these Additional Terms and Conditions of Contract of the Federal Archives (ZVB-BArch)

(f) any General Technical Terms and Conditions of Contract

(g) the General Terms and Conditions of Contract for the Execution of Services (VOL/B) in the version applicable at the time the contract is concluded,

(h) the prices, information and declarations submitted in accordance with the Contractor’s offer without the Contractor’s conditions

(i) any agreement on commissioned data processing (annex to the contract)

(j) any other award documents

(k) in the case of a framework agreement, the individual commissions.

(3) In all other respects, the provisions of the German Civil Code (BGB) shall apply.

(4) In the event of discrepancies, the components of the contract shall apply in the above-mentioned order of precedence.

(5) Technical guidelines and technical delivery conditions shall also apply as specification of services in the aforementioned sense.

(6) Any other terms and conditions of business, delivery or payment of the Contractor are not part of the contract. This applies even when they do not contradict the contractual terms and conditions provided by the Client.

§ 3 Client

(1) Unless otherwise stipulated in the contract documents, the Client shall be the Federal Republic of Germany.

(2) The Federal Republic of Germany is represented by the Federal Government Commissioner for Culture and the Media, who is represented by the President of the Federal Archives, Potsdamer Str. 1, 56075 Koblenz.

§ 4 Prices and Price Determination

(1) Unless expressly agreed otherwise, the prices quoted by the Contractor shall be fixed prices. The Contractor shall remain bound to its prices and any price reductions granted, such as rebates, bonuses and discounts, until the end of the contract term.

(2) The prices include all costs and charges for services and fees incurred. The fixed prices shall also cover travel costs, travel times and other ancillary costs (surcharges for work on Sundays and public holidays, transportation, material costs, preparation of operating, user and operating instructions and the like in German, etc.) of the Contractor, unless the parties have reached a separate written agreement.

(3) Upon request, the Contractor shall hand over the price determination for the contractual service (original calculation) to the Client in sealed or electronically encrypted form for storage. It shall not become part of the contract.

(4) The Client may open and inspect the price determination when new prices are agreed or to check other contractual claims after the Contractor has been informed of this in good time and released from the obligation to be present during the inspection. Excluded from a price adjustment are material, subcontract and subcontractor items as well as material shares in service items.

(5) Paragraphs 3 and 4 also apply to services provided by subcontractors, whereby the right to be present in this case relates to the subcontractor concerned.

§ 5 Execution of Services (in conjunction with § 4 VOL/B)

(1) The Contractor shall perform the service under his/her own responsibility in accordance with the contract. In doing so, he/she shall observe the recognized rules of technology as well as the statutory regulations and official provisions.

(2) The Contractor shall endeavour to perform services in the most environmentally friendly manner possible.

(3) § 4 No. 1 Para. 2 VOL/B shall apply with the following provisos:

(a) The Contractor shall take all necessary precautions at his/her own expense to prevent personal injury and damage to property. This applies in particular to precautionary rules which are necessary for the safety of his/her employees in accordance with the accident prevention regulations of the employers’ liability insurance associations.

(b) The Contractor shall require his/her employees to follow the instructions of the Client’s responsible employees when performing services on the Client’s premises or property. Violators may be expelled from the workplace immediately. In the event of repeated violations, the Client may withdraw from the contract without setting a deadline or issuing a warning or may terminate the contract with immediate effect.

(c) The Client shall only be liable for damage to property in the event of intentional or grossly negligent conduct on the part of its acting bodies (§§ 89, 31 BGB) or vicarious agents (§§ 278 BGB). Liability without fault and liability for simple negligence is expressly excluded in the case of property damage. This also applies to simple negligence in the selection, instruction or supervision of vicarious agents and in the procurement of devices or equipment §§831 BGB). Insofar as the Client is not liable, its executive bodies or vicarious agents shall not be liable either. The same applies to its vicarious agents, unless they are guilty of intent or gross negligence. Claims based on the principles of official liability (Art. 34 GG, § 839 BGB) shall remain unaffected, as shall liability for personal injury (damage to life, limb and health).

(d) The Contractor shall ensure the proper guarding and safekeeping of work equipment, work clothing, etc. that belong to him/her and his/her employees as well as the items provided by the Client. This shall also apply if these items are located on the Client’s premises or property.

(e) If the Client is required by law to compensate the Contractor’s employees for personal injury or property damage caused during or in connection with the performance of the contract, it shall have recourse against the Contractor if the damage was caused through the fault of the Contractor or its employees.

§ 6 Modification of Services (in conjunction with § 2 VOL/B)

(1) The Client may subsequently demand changes to the nature of the service within the scope of the Contractor’s performance capability, unless this places an unreasonable demand on the Contractor.

(2) If the Contractor has concerns about the change in performance, he/she must inform the Client of these concerns in writing without delay. If the Client does not share the Contractor’s concerns, he/she shall remain responsible for its information and instructions. The Contractor shall only be obliged to provide an expert opinion on the basis of a separate order.

(3) If the basis of the price for services stipulated in the contract is changed due to a change in the nature of the service, a new price shall be agreed, taking into account the additional and reduced costs. The agreement shall take into account any effects that the modified task has on other contractual conditions, in particular on execution deadlines. This agreement must be made immediately.

(a) Upon request, the Contractor shall provide evidence of the additional or reduced costs resulting from the change to service. The new prices shall be agreed in writing prior to commencement of the changed task.

(b) In the case of standard marketable products for which unit prices are provided for in the contract:

- the Contractor shall be obliged to provide additional services of up to 10 percent of the quantities specified in the contract at the unit prices specified in the contract.

- reductions of up to 10 percent of the quantities stipulated in the contract shall not give rise to any claim to a change in the unit prices stipulated in the contract.

(4) Services performed by the Contractor without an order or in unauthorized deviation from the contract shall not be remunerated. Upon request, the Contractor shall take back or remove such services within a reasonable period of time, otherwise they may be returned or removed at his/her expense and risk. However, should the Client subsequently accept such service, the Contractor shall be entitled to remuneration.

§ 7 Breach of Duty by the Contractor (in conjunction with §§ 7, 10 VOL/B)

In the event of breaches of duty by the Contractor, the statutory provisions shall apply. Reference is made to §§ 7 and 10 VOL/B.

§ 8 Confidentiality

(1) “Confidential information” refers to all information made available to the contracting parties within the scope of the contract and on the occasion of the cooperation, whether verbally, in writing or any other form, in particular all financial, technical, economic, legal, tax, business and research activity or employee-related information in connection with the Federal Archives. This applies to information that has been marked as confidential, that is designated as confidential in the case of oral transmission or that is clearly identifiable as confidential from the perspective of an objective observer.

(2) This shall not apply to information which:

(a) is generally known or has become generally known without breach of this confidentiality agreement or other statutory confidentiality obligations by the contracting parties

(b) is already known to the contracting parties without breach of this confidentiality agreement or other statutory confidentiality obligations

(c) has already been disclosed to the contracting parties by third parties without them having breached a statutory or contractual confidentiality obligation

(d) was known or should have been known to the Client

(e) was developed by the contracting parties without reference to confidential information, or

(f) which the contracting parties have expressly released for disclosure.

(3) The contracting parties agree not to exploit, make accessible to third parties or otherwise use confidential information for any purpose other than that intended for the contractual execution of the task without the written consent of the other contracting party.

(4) This shall not apply if the contracting parties are obliged to disclose this information

on the basis of mandatory applicable legal framework conditions or court, official or regulatory orders, or

(b) if the disclosure is necessary to protect their rights in legal or official proceedings.

(5) The contracting parties agree to oblige their representatives and vicarious agents to maintain confidentiality within the meaning of this agreement, unless they are already obliged to maintain confidentiality by virtue of their profession.

(6) The contracting parties agree to disclose the content of the contract to third parties only if and to the extent necessary for the fulfilment of the contract or if and to the extent that a legal obligation exists.

(7) The provisions on execution documents (§ 3 VOL/B) shall remain unaffected.

§ 9 Contractual Penalty (in conjunction with § 11 VOL/B)

(1) If execution deadlines are exceeded and the Contractor is responsible for this, the Client shall be entitled to demand a contractual penalty of 0.5 % of the net value of that part of the service which cannot be used for each completed week of delay. The contractual penalty shall amount to a maximum of 5 % of the net value of the part of the service that cannot be used for each case of delay. In total, it shall amount to a maximum of 5 % of the total order value.

(2) The Client shall be entitled to claim the contractual penalty in addition to the service.

(3) The Client reserves the right to assert claims for damages taking into account the full contractual penalty.

(4) Otherwise, § 11 VOL/B shall apply.

§ 10 Industrial Property Rights of Third Parties

(1) The Contractor is obliged to always examine whether his/her service violates industrial property rights.

(2) If the Contractor determines that the execution of services is not possible without infringing on industrial property rights or copyrights of third parties, he/she must inform the Client of this immediately.

(3) The duty to inspect also includes requirements from the service description and specifications in other parts of the contract.

(4) The Contractor shall indemnify the Client against third-party claims arising from any culpable infringement of industrial property rights by the Contractor and shall bear the costs incurred by the Client in this connection. § 254 BGB remains unaffected.

(5) Any fees for the granting of rights of use are covered by the price for the service.

§ 11 Quality Assurance and Testing (in conjunction with § 12 VOL/B)

(1) The requirements for the Contractor's operational quality assurance system are contained in the service description (if relevant).

(2) The Contractor assures the Client that he/she will comply with the intended quality assurance procedure and notify the Client of any changes.

(3) The Client reserves the right to audit the quality management system practiced by the Contractor.

(4) The Client is entitled to become informed on site at the Contractor’s premises about the contractual execution of services, even during ongoing production, to inspect the execution documents and to request all other necessary information. The Client is entitled to repeat a failed quality inspection. In this case, the Client may demand reimbursement from the Contractor for the costs incurred as a result of a failed quality inspection.

(5) The Client shall be entitled to have chemical and physical examinations carried out by public or publicly recognized specialist institutes for the purpose of checking compliance with the contractually agreed technical requirements by the Contractor, if these examinations cannot be conducted unequivocally by the examiner with its own or with the Contractor’s resources. The Contractor shall bear the costs of such examinations.

(6) Regarding company-owned testing equipment provided by the Contractor free of charge for the quality inspection – if an official calibration certificate is not available – the inspector may request proof of the testing equipment’s measuring accuracy.

(7) Instead of having the quality inspection conducted by a person named by the Client, the Client may demand that the Contractor provide a professionally recognized quality inspection certificate or the equivalent.

(8) Further regulations on quality inspection are set out in § 12 VOL/B.

§ 12 Audit and Information Rights of Client

(1) The Client may inspect the status and results of order fulfilment at any time. The Contractor shall keep the necessary documents available and provide the necessary information. The obligation to keep the documents available is based on the requirements of § 147 of the German Fiscal Code (AO).

(2) In particular, the Client shall have the right to check the legality and expediency of the fulfilment of the task at any time by inspecting documents and making enquiries, including at the Contractor’s premises. The Contractor shall provide the information requested by the Client within the period set by the Client and provide or disclose documents relating to the fulfilment of the tasks within the scope of the assignment.

(3) The rights under Paragraphs 1 and 2 are intended to enable the Client to form an impression of contract execution at all times. The actions of the contracting authority shall be measured against the principle of proportionality. The right of inspection may be exercised regularly if the Client is not satisfied with the information or accountability of the Contractor or does not consider itself sufficiently informed. However, the right of inspection under Para. 1 obliges the authorised representative to submit the relevant books, files and other documents insofar as they relate to the commissioned order.

§ 13 Contracts for Series Production

(1) In the case of contracts for series production, a series sample must be presented. The series production must correspond to the nature and quality of the sample presented.

(2) Series production shall take place after approval of the series sample by the Client. The presentation of the sample does not exempt the Contractor from prescribed quality examinations for the series.

§ 14 Transfer of Risk (in conjunction with §§ 10, 13 VOL/B)

(1) Unless otherwise agreed, the Contractor shall be obligated to provide the service. In this case, upon delivery of the goods to the agreed place of delivery or upon acceptance of the service, the risk of accidental loss or accidental deterioration shall pass to the Client.

(2) In the absence of a contractually agreed place of delivery, the goods shall be delivered to the Client's place of business.

§ 15 Packaging, Transport, Transport Costs, Freight Contract

(1) Insofar as abbreviations of the ‘Incoterms’ are used, the version or revision valid at the time of conclusion of the contract shall apply.

(2) The Contractor shall always bear the costs for packaging and transport. This also applies to ancillary costs, such as insurance fees, cash on delivery commission, cartage, connection fees, demurrage or fees for a transport cost certificate.

(3) Insofar as the Client assumes the transport costs (e.g. in the case of sale by dispatch within the meaning of § 447 BGB), the Contractor shall advance the costs free of charge until received by the recipient. The Contractor shall select the means of transport and the type of transport on the basis of economic efficiency. Otherwise, § 6 VOL/B shall apply.

(4) The Contractor shall be obliged or the commissioned carrier shall be obliged by the Contractor to take back packaging (within the meaning of the Packaging Ordinance as amended) free of charge from the recipient of the service upon delivery. In this case, no transfer of ownership of packaging materials shall take place. However, the recipient of the service may demand that the packaging materials be transferred to him upon delivery, insofar as they are available.

§ 16 Bill of Delivery

The Contractor shall observe the following when producing the bill of delivery: One bill of delivery must be produced per recipient for each order number. One bill of delivery must be produced per recipient for each partial service. The bill of delivery must state the order number and, if applicable, the specified goods label.

§ 17 Handover

Unless otherwise agreed, the object of service, including the bill of delivery, shall be handed over to the contractually specified recipient on its premises or in its offices.

§ 18 Acceptance (in conjunction with § 13 VOL/B)

The service to be provided by the Contractor shall be agreed upon and accepted by the Client and, insofar as it is a contract for work and services, accepted. Acceptance shall take place after completion of the defect-free work. Acceptance is the physical receipt and approval of the work in accordance with the contract. Acceptance of the service does not constitute acceptance within the meaning of § 640 BGB.
Acceptance within the meaning of § 13 VOL/B shall take place as part of a procedure agreed between the Client and the Contractor to ensure that the service is free of defects. Acceptance by the Client shall take place in text form. Putting into use shall not be deemed acceptance within the meaning of § 13 VOL/B. If acceptance of the service is not declared in text form, it shall be deemed to have been procured when full payment has been made.
The Contractor must be notified immediately in text form of any change requests or identified defects. If acceptance takes place despite defects reported by the Client, the Client reserves the right to assert the rights specified in § 634 No. 1 to 3 BGB.
A prior quality inspection in accordance with § 11 of these ZVB shall not replace acceptance.
If there is a material defect or defect of title, the Client or its authorised representative may refuse acceptance of the service. In the case of a non-substantial defect, this shall not apply if and to the extent that the Contractor expressly recognises its obligation to remedy the defect.
The above paragraphs shall apply accordingly to the acceptance of parts of the service.

§ 19 Payment / Submission of Invoice (in conjunction with §§ 15 ff. VOL/B)

(1) Invoices shall be issued on the basis of the agreed remuneration plus statutory VAT. The VAT amount shall be the amount applicable at the time the tax arises; in the case of final invoices, the amount applicable at the time the service is rendered.

(2) Payment shall be made within 30 days of receipt of a verifiable invoice meeting the requirements of § 15 VOL/B to the account specified by the Contractor.

(3) Invoices shall be sent to the office specified in the tender documents or in the contract or award letter.

(4) Unless otherwise agreed, invoices shall be submitted in accordance with the requirements of the E-Invoicing Regulation, i.e. in electronic form via the routing ID 991-00798001-93. Submission of the invoice in written form is generally not permitted. An invoice that is not submitted electronically contrary to the above provision shall not constitute a default pursuant to § 286 (3) BGB. §§ 14 and 16 VOL/B remain unaffected.

(5) A separate invoice must be issued for each order number; different delivery locations may be summarised.

(6) If partial services are agreed for an order (e.g. delivery at different times), a separate invoice may be submitted for each partial service.

(7) In addition to § 16 VOL/B, the following shall apply:

(a) In the invoice, the service must be itemised by unit and quantity in accordance with the wording and order of the details in the order letter. Summarising statements such as ‘manufactured’, ‘repaired’, ‘made serviceable’ etc. are not permitted without a more detailed description of the service. Abbreviations that refer to the Client’s service specification are permissible if the execution does not deviate from the description of the service.

(b) Invoices shall be labelled as partial, interim or final invoices according to their purpose; partial and interim invoices shall be numbered consecutively.

(c) The Contractor shall enclose verifiable documentation of the service with the invoice; this shall generally be in the form of recognised time sheets, receipted bills of delivery or performance records.

(d) Unless otherwise agreed, the invoice must be submitted no later than the 18th working day after completion of the services.

(8) If contractual deadlines are exceeded for which the Contractor is responsible, the difference between the current VAT amount and the VAT amount applicable on expiry of the deadline shall not be reimbursed.

(9) The withholding tax pursuant to § 50a of the German Income Tax Act (EstG) shall be withheld from the agreed remuneration and paid to the competent tax authority if the statutory requirements are met. If only a not merely subordinate part of the service owed is subject to withholding tax without the amount of the remuneration for this part of the service being shown separately, the Client shall make an estimate of the proportion of the services and ask the Contractor for a statement in advance. A tax deduction shall not be levied if certain value limits are not exceeded. Before payment of the remuneration, the Contractor shall be obliged to inform the Client whether the relevant value limit has been exceeded.

(10) Each invoice shall state the scope and value of all services performed to date and the payments already received, with separate evidence of the VAT amounts contained therein.

(11) If the Client bears the costs for transport to the place of fulfilment, the Contractor shall document and invoice these costs separately for each order.

(12) If costs are incurred when transferring the invoice amount (e.g. in the case of a foreign bank transfer), the payee shall bear these costs.

(13) If errors are identified in the invoicing documents after acceptance of the final payment, the final invoice must be corrected. Such errors are errors in the calculation of services, errors in the application of the general calculation rules including decimal and transfer errors including page transfer errors. The Client and the Contractor shall be obliged to reimburse the resulting amounts.

(14) In the event of overpayment, the Contractor shall reimburse the overpaid amount. If he/she fails to pay within 14 calendar days of receipt of the letter of reclaim, he/she shall be in default with his/her payment obligation from this point in time. Reference is made to the possible assertion of default interest in accordance with the statutory provisions. The Contractor may not invoke the loss of enrichment.

§ 20 Hourly Paid Work (in conjunction with § 16 VOL/B)

(1) Services shall only be paid for at hourly rates if this is provided for in the contract or if they have been commissioned by the Client prior to the start of execution.

(2) In the case of work at hourly rates in which the contract calls for monitoring by the Client, the Contractor is obliged to have the time sheets confirmed in writing by the contractually agreed office.

(3) The recognised timesheets must be submitted with the invoice. The originals must be submitted for inspection upon request.

(4) The timesheets must contain all the information required to check the invoice. If work is combined with other services according to hourly rates, no separate invoices are to be issued; in this case, the hourly rates must be presented at the end of the invoice.

Unless otherwise agreed, invoices shall be submitted weekly, for the first time 12 working days after commencement of work.

(6) The Contractor shall submit lists in duplicate every working day for services according to hourly rates. These must contain:

(a) the date

(b) the exact designation of the place of performance

(d) the names of the workers and their occupational, wage and salary group

(e) the hours worked per worker, broken down, where applicable, into overtime, night work, work on Sundays and public holidays, as well as into aggravating factors not included in the billing rate, and

(f) the equipment parameters.

(g) Invoices for hourly rates must be itemised in accordance with the lists. The original lists shall be retained by the Client; the certified copies shall be given to the Contractor.

(7) Otherwise, §§ 15 and 16 VOL/B shall apply.

§ 21 Cash Discount

(1) Insofar as cash discounts have been contractually agreed or offered by the Contractor on the invoice, the discount period shall commence upon receipt of the invoice and upon proper fulfilment of the contract by the Contractor. If the Client asserts justified objections, the discount period shall be suspended for this period.

(2) Unless otherwise agreed, the discount period shall be 14 days.

§ 22 Rights of Use

(1) The Contractor shall hand over and transfer ownership of all work results to the Client at the latest after completion of the service or other termination of the contractual relationship.

(2) If and insofar as copyrights or related property rights within the meaning of the German Copyright Act (UrhG) arise during the provision of the service, the Contractor shall unconditionally and irrevocably grant the Client the exclusive rights of use and exploitation of the work and its parts, unlimited in terms of territory, time and content.

(3) The grant shall include the authorisation of the Client to use, modify and exploit the work in Germany and abroad in physical form, in particular for reproduction, distribution and exhibition, and in non-physical form, in particular for public reproduction including making available to the public and in particular the following types of use:

(a) Execution of the measure specified in the contract as frequently as desired

(b) Utilisation for measures other than those specified in the contract in direct or indirect connection with the tasks of the Federal Archives

(c) Utilisation both in the context of award procedures with public announcement and restricted award procedures in direct or indirect connection with the tasks of the Federal Archives, in particular measures pursuant to lit. (a) and (b).

(4) All rights of use granted may also be utilised without the involvement of the Contractor. The Client shall also have the right to grant rights of use to third parties. § 31 UrhG remains unaffected by this.

(5) The granting of the rights of use shall be compensated with the remuneration of the respective service contract. § 32 UrhG remains unaffected by this.

(6) The Contractor ensures that all services that he/she or his/her subcontractors provide under this contract are free of third-party rights and indemnifies the Client against any possible third-party claims for infringement of copyrights or related rights or other rights, including any court and legal costs incurred for legal defence.

§ 23 Termination of Contract for Good Cause (in conjunction with § 8 VOL/B)

(1) The Client may withdraw from or terminate the contract - in whole or in part - with immediate effect for good cause. Good cause shall be deemed to exist in particular if:

(a) the Contractor breaches his/her duty of confidentiality or an obligation imposed on him/her to maintain confidentiality regarding facts that have become known to him/her in connection with the contract awarded.

(b) a sample to be produced prior to series production is not presented by the Contractor even after a deadline has been set.

(c) a sample produced prior to the series deviates from the contractually agreed quality to such an extent that further samples cannot be expected to fulfil the contract.

(d) the Contractor engages subcontractors without the required consent of the Client contrary to § 31 (2) of these ZVBs;

(e) the opening of insolvency proceedings against the Contractor’s assets has been refused for lack of assets or the proper fulfilment of the contract is jeopardised by the Contractor suspending its payments not only temporarily.

(f) the Contractor has participated in unauthorised restrictions of competition within the meaning of the GWB in the course of establishing or performing the contractual obligation. This includes, in particular, agreements with third parties on the submission or non-submission of tenders, on prices to be charged, on the payment of compensation for losses (profit sharing or other charges) and on the fixing of recommended prices.

(g) there are reasons that would lead to exclusion in an award procedure pursuant to § 123 GWB or § 124 GWB in conjunction with §§ 125, 126 GWB.

(h) There is a breach of § 27 (2) of these ZVBs.

(2) The right to extraordinary termination of the contract in accordance with the statutory provisions, in particular the right of cancellation in accordance with §§ 314, 626, 648a BGB, shall remain unaffected.

(3) The regulation of § 648 BGB remains unaffected.

(4) Cancellation and extraordinary termination by the contracting parties must be in writing in accordance with § 126 BGB or in electronic form in accordance with § 126a BGB in order to be effective.

§ 24 Effects of Contract Termination for Good Cause

(1) In the event of contract termination, the previous services, insofar as they have been used by the Client, shall be settled according to the contract prices or according to the ratio of the part rendered to the entire contractual service on the basis of the contract prices. Services that cannot be used shall be returned to the Contractor at the Contractor’s expense.

(2) If the Client cancels the contract, any services rendered by the contracting parties shall be returned.

(3) In the event of premature termination of the contract, all results and work documents as well as other work equipment shall be returned to the Client immediately in the condition in which they are in when the contract termination takes effect. Electronic data must be completely deleted if this is requested by the Client. This does not apply to documents and data for which there is a longer statutory retention obligation, but applies only until the end of the respective retention period. The Contractor shall confirm the deletion to the Client in writing at the Client’s request.

(4) Otherwise, § 7 No. 3 VOL/B shall apply.

§ 25 Liability Insurance

(1) The Contractor must maintain and provide evidence of professional liability insurance or other suitable liability insurance at his/her own expense for the entire duration of the contract. He/she must ensure that insurance coverage exists to cover any damage arising from the contract for all services agreed in the contract in the amount of the insured sums specified in the contract.

(2) The Contractor shall not be entitled to any services from the Client until proof of insurance coverage has been provided. The Client may make payments dependent on proof of the continued existence of the insurance coverage.

(3) The Contractor shall be obliged to notify the Client in writing without delay if and to the extent that coverage in the agreed amount no longer exists. In this case, he/she shall be obliged to immediately make up for, guarantee and provide evidence of coverage in the agreed amount for the entire contractual period by concluding a new insurance contract. The Client’s right to terminate the contract for good cause remains unaffected.

§ 26 Form

(1) Unless otherwise agreed, declarations relating to the contract must be made in writing in accordance with § 126 BGB, in electronic form in accordance with § 126a BGB or in text form in accordance with § 126b BGB in order to be legally effective. This also applies to the waiver of the written form requirement.

(2) Mandatory statutory formal requirements and the right of the contracting parties to request notarisation shall remain unaffected.

(3) Correspondence with the Client must be in German.

§ 27 Data Protection

(1) The Contractor undertakes to comply with the statutory data protection provisions (in particular the General Data Protection Regulation (EU) 2016/679, see Art. 32 GDPR) when processing personal data. Personal data disclosed to him/her in the context of the assignment may only be processed to the extent and in the manner necessary for the fulfilment of the assignment.

(2) If the contracting parties enter into an order processing relationship with the contract in accordance with Art. 28 GDPR, the contracting parties shall also conclude an ‘Agreement on Order Processing’ in order to specify the resulting rights and

§ 28 Anti-Corruption Clause

(1) The Client shall be entitled to withdraw from the contract before the Contractor begins providing services if the requirements of §§ 123 and 124 GWB are met. A reason for exclusion exists in particular in the event of the granting of an advantage pursuant to § 333 of the German Criminal Code (StGB), bribery pursuant to § 334 StGB, agreements restricting competition within the meaning of § 298 StGB and participation in unauthorised restrictions of competition within the meaning of the GWB, such as an agreement with third parties on the submission or non-submission of tenders, on prices to be charged, on the payment of compensation for losses (profit sharing or other charges) and on the determination of recommended prices.

(2) The Contractor shall compensate the Client for all damages incurred directly or indirectly as a result of the contract cancellation in accordance with Paragraph 1.

(3) The Contractor is expressly advised of the consequences under criminal law of behaviour relevant to corruption, which at the same time constitutes a serious breach of contractual obligations.

(4) At the request of the Client, contractors, any subcontractors or their employees involved in the contractual services must formally undertake to conscientiously fulfil their obligations in accordance with § 1 (1) of the Law of Obligations, whereby they are treated as public officials within the meaning of § 11 (1) No. 2 of the German Criminal Code (StGB) when applying the following provisions of the StGB:

a) Corruption-related offenses:
§ 331 und 332	Accepting benefits and taking bribes
§ 335	Especially serious cases of taking and giving bribes
§ 336	Omission of official act
§ 358	Incidental legal consequences
b) Breach of secrecy/confidentiality:
§§ 353b, 358	Breach of official secrecy and a special obligation of secrecy
§§ 355, 358	Breach of tax secrecy
§ 201 Para. 3	Violation of privacy of spoken word
§ 203 Para. 2, 4, 5	Violation of private secrets
§ 204	Exploitation of another’s secrets
§ 97b Para 2 in conjunction with §§ 94 to 97	Betrayal based on mistaken assumption that secret is illegal
c) Other offenses:
§ 120 Para. 2	Facilitating escape of prisoners
§ 133 Para. 3	Destruction of material in official custody

This shall not apply to employees of the Contractor who carry out manual work on the Client’s premises or supply the agency with materials.

(5) After commencement of the provision of services, the right of cancellation for good cause shall replace the right of withdrawal pursuant to Paragraph 1.

§ 29 Prohibition of Publication

The Contractor may only make publications about the service with the prior written consent of the Client. The description of the execution, the disclosure of drawings, calculations or other documents, as well as photographs, film, radio and television recordings shall also be considered publications in this sense.

§ 30 Warranties

Delivered items must comply with the provisions of the Equipment Safety Act, the accident prevention regulations enacted by the statutory accident insurance institutions and the generally recognised safety and occupational health regulations, insofar as they are items which by their nature fall under these regulations. The properties of any samples or specimens submitted are also warranted.

§ 31 Transfer of Rights

(1) Rights and obligations arising from the contract may only be transferred to a third party with the prior written consent of the Client.

(2) The Contractor may only transfer the performance of the service or essential parts thereof to others with the prior consent of the Client. The Contractor shall inform the Client of the names, contact details and legal representatives of the subcontractors it uses within the scope of the contractual relationship at the latest at the start of the execution of the order, at least in text form in accordance with § 126b BGB. Notwithstanding § 4 No. 4 VOL/B, the Client must be notified immediately of any intended change at subcontractor level, at least in text form in accordance with § 126b BGB. The change requires the written consent of the Client before the subcontractor begins to provide services. With regard to the use of subcontractors, § 4 No. 4 VOL/B shall apply with the proviso that the Client shall only grant his/her consent if the Contractor provides evidence of the required suitability and professional qualifications of the subcontractor prior to the commencement of the corresponding services and there are no mandatory grounds for exclusion within the meaning of § 123 GWB. If there are optional grounds for exclusion within the meaning of § 124 GWB, the Client may demand that the subcontractor be replaced.

(3) No consent is required for the transfer of insignificant partial services or partial services for which the Contractor’s business is not equipped if the subcontractor has no grounds for exclusion pursuant to §§ 123, 124 GWB.

(4) The notification obligation shall also apply to all further stages in the chain of subcontractors.

(5) The Contractor shall:

(a) proceed in accordance with competitive aspects when transferring parts of the service (subcontract)

(b) name the Client to the subcontractor upon request

(c) not to impose less favourable conditions on the subcontractor as a whole - in particular with regard to the method of payment and the provision of warranty - than those agreed between him/her and the Client

(d) inform subcontractors that the contract is a public contract.

§ 32 Applicable law, place of jurisdiction

(1) The law of the Federal Republic of Germany shall apply to the exclusion of private international law.

(2) The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

(3) If the Contractor is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, Berlin shall be the exclusive place of jurisdiction for all disputes arising from and in connection with this contract.