1. Commercial objects are the proof of the opportunity to complete a contract or the negotiation of a contract regarding developed and undeveloped property, in particular industrial and commercial property, yield property, domestic buildings, agricultural and forestry property and domestic and commercial rooms, in particular office blocks, office floors, manufacturing and storage facilities, but also regarding companies and shareholdings in companies and their acquisition, administration, disposal, rental and other utilisation, and also the mediation of all types of finance, investments and tax privileged investment holdings.

2. All offers are non-binding and subject to change. No guarantee is accepted for their accuracy and completeness. Errors and interim utilisation are expressly reserved with regard to all offers and information. Our offers are intended exclusively for the recipient, who must treat these as confidential and maintain this confidentiality as regards third parties, unless we have given our written permission for these to be passed on.

3. In order to become valid, additional agreements to our written offers must be confirmed in writing.

4. With regard to both the negotiation and the proof of a purchase agreement or other acquisitioned agreement, and for the acquisition of undeveloped or developed property and property rights arising from a compulsory sale, the vendor and the purchaser must each pay a commission to the value of 3,57 % (see Item 15) of the total purchase price, including all additional agreements or alternative transactions related to the acquisition, e. g. purchase instead of rental, etc. In the event of purchase on an annuity basis, the purchase price is the cash price plus the capitalised fixed rate of interested (capital cash value of the annuity).

In the event of the requisition and transfer of hereditary property rights, the commission is 3,57 % (see Item 15) of the purchase price. Unless this has been agreed upon, this is, according to our choice, 25 times the hereditary property interest or the capital cash value of the hereditary property right, which must be calculated. On calculation of the capital cash value, the usual effective annual rate of interest for mortgage loans with a fixed 10 years rate of interest on 100 % payment must be used.

5. For the negotiation and proof of financing, a commission of 3,57 % (see Item 15) of the loan sum must be paid; for the negotiation and proof of capital investments and investment shareholdings, a commission of 5,95 % (see Item 15) of the investment sum must be paid.

6. For the negotiation of commercial rental, lease or comparable agreements and for proof of the opportunity to complete such agreements, the tenant, lessee or holder of the right of use must, with agreements of up to 5 years’ duration, pay a commission to the value of 2 months’ rent plus value added tax (see Item 15). With agreements of more than 5 years’ duration, the tenant must pay a commission to the value of 4 months’ rent plus value added tax (see Item 15).

7. If, in addition to a commercial rental or lease agreement, an option right is granted, the total of the commission arising from the rental agreement and the option right may not exceed 4 months’ rent plus value added tax (see Item 15). On agreement of an option right in all other cases, we receive 2 months’ rent plus value added tax (see Item 15) from the holder of the option.

8. In the event of the successful rental of domestic rooms, we receive a commission of 2,38 months’ rent inclusive of value added tax from the tenant (see Item 15).

9. In the event of an agreement regarding graduated rent in the case of Items 6 and 7 of these commercial conditions, the commission is calculated according to the mean monthly rent during the total duration of the agreement.

10. For the negotiation of a pre-emptive right we receive 1,19 % (see Item 15) of the current market value of the whole property from the holder, and in the event that the pre-emptive right should be exercised, we receive a further 2,38 % (see Item 15) of the purchase price.

11. We are also entitled to our commission if a commercially identical or similar transaction is accomplished.

12. In addition, we are entitled to our commission if the recipient of the offer passes our offer on to a third party who then completes the purchase, acquisition or rental agreement, or if the recipient of the offer, a legal or legal-commercial representative of a third party, acquires, purchases, rents or leases in his own name. Third parties include spouses, dependants and legal entities represented by the recipient of the offer.

13. All commissions are earned and are due at that point in time at which the mediated or proven transaction is legally completed.

14. Our client is obliged to provide us with all complete and correct data which we require in order to fulfil the contract. If a sole contract has been awarded to us, our client is obliged not to commission any other estate agent for the duration of the contract.

15. Value added tax is generally levied and calculated in accordance with the currently valid rate of value added tax. In the event of a change in the rate of value added tax, the rate which is valid at the time at which payment is due applies.

16. The place of fulfilment and court of jurisdiction is, insofar as is legally permissible, Cologne, Germany.