GTCs
As of 18 December 2025
Translated from German, please note that this translation serves only informational purposes, only the original German version is applicable.
§ 1 Application of the General Terms and Conditions
The General Terms and Conditions accepted by both contracting parties govern the terms and conditions between the sole trader Dr Adrian Kromer, Einhornallee 53, 81377 Munich, hereinafter referred to as the ‘Consultant’, and the customer, hereinafter referred to as the ‘Client’, as a consultancy contract within the meaning of Sections 611 et seq. of the German Civil Code (BGB), unless otherwise agreed in writing between the contracting parties.
The Consultant offers various services in the form of consulting in the areas of statistical experimental design, quality by design, data analysis, process understanding, process optimisation and related scientific issues in the pharmaceutical environment and related industries.
The subject matter of the consulting and services is the provision of an agreed service, the consulting (service contract), and not the achievement of a specific result (no contract for work). The commissioned services shall be deemed to have been rendered once the necessary consulting has been provided and any questions that may arise have been dealt with. In its own interest, the customer undertakes to provide all relevant information truthfully and completely.
These General Terms and Conditions apply only to companies in accordance with Section 14 of the German Civil Code (BGB) and not to consumers in accordance with Section 13 of the German Civil Code (BGB).
Only the provisions of the respective consulting agreement and these General Terms and Conditions shall apply. Any deviating terms and conditions of the customer shall not be accepted. This shall also apply if the consultant does not expressly object to their inclusion.
§ 2 Conclusion of contract
The customer may contact the consultant to obtain a quote. Once the consultant and the customer have agreed on the scope of services, the consultant will prepare a written quote.
The customer can find the prices and service details in the respective quote.
The contract is concluded when the customer accepts the quote prepared by the consultant. The offer is accepted by means of a written confirmation from the customer. After accepting the offer, the customer will receive a written confirmation of the conclusion of the contract and an invoice.
The presentation and advertising of the services on the consultant's websites or in brochures or in advertisements do not constitute a binding offer to conclude a contract.
The consultant is entitled to reject a consultancy contract without giving reasons if the necessary relationship of trust cannot be expected, if the consultant cannot or is not allowed to provide advice due to his specialisation or for legal reasons, or if there are reasons that could cause him a conflict of conscience. In this case, the consultant's fee claim for the services rendered up to the rejection of the consultancy remains valid.
The consultant's general terms and conditions (GTC) form an integral part of the contract. The client agrees to the GTC by accepting the consultant's offer or signing the consulting contract.
§ 3 Content of the consultations
The consultant provides his services to the client by applying his knowledge and skills in the above-mentioned areas.
A subjectively expected success on the part of the customer cannot be promised or guaranteed. The successful implementation of the processes and the achievement of certain results is the sole responsibility of the customer. The consultant merely accompanies the customer during the implementation.
The consultant's offer is for advisory purposes only. Individual areas may be carried out by third-party service providers.
The client undertakes to use the information materials, reports and analyses prepared by the consultant within the scope of the consultation solely for their own purposes. The client receives the exclusive and non-transferable right of use to these. All documents and tables are either personal and cannot be used by third parties or have been created individually for the client by the consultant.
All of the consultant's documents are protected by copyright. This applies to content on the consultant's website as well as lectures, presentations, scripts and other consulting documents.
The customer is not entitled to reproduce, distribute or publicly reproduce such documents. The customer is also not entitled to make image, film or sound recordings of the consultations without the express permission of the consultant. The customer receives a non-transferable, non-exclusive right of use to the training materials provided as part of the consulting services.
The consultant shall ask the customer whether the consulting sessions may be recorded for internal purposes only. The customer is free to give or withhold their consent.
§ 4 Conduct of the consultation
The consultation is based on cooperation and mutual trust. The customer is not obliged to accept the consultation or implement the recommendations made. The customer acknowledges that all steps and measures taken by them within the scope of the consultation are their own responsibility.
The consultant is entitled to cancel the consultation if he or a third party service provider engaged by him is prevented from attending, e.g. due to riots, strikes, lockouts, natural disasters, severe weather, traffic disruptions or illness, which prevent the consultant from holding the consultation on the agreed date through no fault of his own. In this case, the customer shall not be entitled to claim damages.
In the event of cancellation by the consultant, the consultant shall offer the customer an alternative date. If no agreement can be reached on an alternative date, the remuneration already paid shall be refunded to the customer. The refund shall only cover the amount actually received by the consultant, i.e. minus the costs and fees incurred by the payment method chosen by the customer.
The illustration and description of the consultation and any consultation location on the consultant's website are for illustrative purposes only and are approximate. No guarantee is given for complete compliance.
The consultant is entitled to make adjustments to the content or course of the consultation for professional reasons, for example if there is a need to update or further develop the content of the consultation, provided that this does not result in a significant change to the content of the consultation and the change is reasonable for the customer.
The consultant is entitled to change the location and time of the announced consultation, provided that the change is communicated to the customer in good time and is reasonable for the customer.
The customer is responsible for providing a correct email address and for checking their emails regularly.
The consultant is entitled to have their services performed by subcontractors and third parties at any time. They do not require the customer's consent for this.
The customer is obliged to provide the consultant with all materials, documents, links, access details, images and other details required for the consultation.
§ 5 Customer's obligations to cooperate
The customer undertakes to provide all necessary cooperation required for the proper performance of the consulting services. This includes, in particular, the provision of all relevant information, data, documents and, if necessary, access authorisations. The customer is obliged to provide the consultant with all information, data, documents and access rights required for the provision of services in a complete, correct and timely manner.
The consultant is not obliged to check the information, data or results provided by the customer for accuracy, completeness or regulatory compliance.
Delays or additional expenses resulting from a breach of the client's obligations to cooperate shall be borne by the client. In such cases, the consultant reserves the right to charge the client for any additional costs incurred as a result of the delays or additional expenses. Delays or additional expenses caused by insufficient or incorrect cooperation on the part of the client shall not be borne by the consultant.
The client must immediately inform the consultant of any circumstances that could hinder or delay the provision of services.
If the client fails to fulfil their obligations to cooperate and this prevents the services from being performed, the consultant is entitled to withdraw from the contract and to invoice the client for the expenses incurred. Further claims by the consultant remain unaffected.
§ 6 Payment
Remuneration shall be paid in accordance with individual agreements. Travel expenses and other expenses shall be invoiced separately, unless otherwise agreed.
Payment shall be made to the consultant using the means of payment specified in the invoice on the agreed due date without deduction.
If the client is in default of payment, the consultant is entitled to charge reminder fees and default interest at the legally permissible rate.
All prices in the consultant's offers are listed as net prices.
§ 7 Term and termination of the consulting contract
The consulting contract is concluded for the term agreed in the respective contract.
The right to terminate the contract without notice and for good cause remains unaffected.
In the event of premature termination by the customer for good cause, the consultant's claim to remuneration remains unaffected. The customer reserves the right to prove that we have incurred no damage or significantly less damage.
§ 8 Confidentiality of the consultation
The consultant is subject to absolute confidentiality. The duty of confidentiality shall continue to apply even after the agreed contractual services have been fulfilled.
The consultant shall treat customer data as confidential and shall only disclose information regarding the content of discussions and consultations with the express written consent of the customer (release from confidentiality).
§ 9 Warranty
The consultant shall endeavour to perform all activities with the utmost care and in accordance with recognised scientific findings and principles. All recommendations and analyses are made to the best of his knowledge and belief.
The consultant does not guarantee the effectiveness of his recommendations. The success of the consultation is largely beyond his control and depends significantly on the cooperation of the client, which is why it cannot be guaranteed.
The consultation is assistance for self-help. Despite the utmost care, no guarantee can be given for the accuracy and completeness of the information.
§ 10 Liability
The consultant is liable to the client in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
In other cases, the consultant shall only be liable – unless otherwise specified in paragraph (3) – for breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, liability is excluded, subject to the provision in paragraph (3).
Liability for indirect damage, consequential damage, loss of production, loss of profit, loss of turnover, official sanctions, recalls, approval delays or regulatory complaints is excluded to the extent permitted by law. In particular, the consultant shall not be liable for the implementation or non-implementation of its recommendations by the customer, incorrect or incomplete data provided by the customer, decisions made by the customer or third parties, regulatory assessments or decisions made by authorities (e.g. EMA, FDA). Liability for damages resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
The customer remains solely responsible at all times for the development, manufacture, quality, safety and efficacy of its products and for compliance with all legal, regulatory and official requirements.
The customer is also responsible for internal approvals, validations and documentation. The consultant's advice does not in any way replace the customer's internal quality assurance, regulatory audits or official consultations.
§ 11 Rights of use to work results
Unless otherwise agreed, the customer shall receive a simple, non-transferable right of use to the work results created within the scope of the project. This right of use is limited to the purposes for which the work results were created within the scope of the project. Any further use, in particular the reproduction, distribution, public disclosure or editing of the work results, requires the prior written consent of the consultant.
All rights to methods, models, statistical approaches, templates and the know-how developed or used within the scope of the project remain exclusively with the consultant. The customer shall not receive any rights to these materials and approaches, unless expressly agreed otherwise in writing.
The client is not entitled to pass on the work results to third parties or make them available to third parties without the prior written consent of the consultant, unless this is absolutely necessary to fulfil the purpose of the contract. In this case, the client must ensure that the third parties also comply with these restrictions on use.
The consultant reserves the right to use the work results developed within the scope of the project for his own purposes, in particular for the further development and improvement of his own services, provided that this does not disclose any confidential information of the client.
The client's simple right of use shall automatically expire if the client violates the provisions of this clause or if the contract between the consultant and the client ends for any reason whatsoever. In this case, the client must immediately cease using the work results and destroy all copies thereof or return them to the consultant, insofar as this is technically possible.
§ 12 Data protection
The customer expressly consents to the electronic processing of their personal data within the scope of the following provisions. Customer data will be treated as strictly confidential. The data provided by the customer will be used exclusively for the professional performance of the service. The data will not be passed on to third parties.
The consultant's separate data protection provisions apply, which can be found at the following link: Privacy Policy | Kromer Consulting
§ 13 Final provisions
Should individual provisions of the General Terms and Conditions be or become invalid or void, this shall not affect the validity of the General Terms and Conditions as a whole. The invalid or void provision shall instead be replaced by a provision that comes closest to the purpose of the contract or the intention of the parties.
The law of the Federal Republic of Germany shall apply. The contract language is German.
Amendments and additions to the General Terms and Conditions must be made in writing to be effective. There are no verbal side agreements.
If the customer is a merchant or a company, the place of jurisdiction for all disputes arising from the contractual relationship is the registered office of the consultant. Otherwise, the statutory provisions apply. The same applies to the place of performance.