General Terms and Conditions

  1. B&B temporary employees provide the hirer with commercial services / work according to the “Arbeitnehmerüberlassungsgesetz” [German law on temporary employment]. When B&B accepts the contract, direct contractual relations will not be established between B&B temporary employees and the hirer. Contractual relationships are always only between the hirer and B&B. The direct employer of the B&B temporary employee always remains B&B and this fulfils all tax and national insurance law obligations. The right to give instructions to the B&B temporary employee provided remains exclusively with B&B.
  2. B&B temporary employees will be selected according to the performance profile described by the hirer and are to be employed by him accordingly. Should the B&B temporary employee be entrusted with other activities by the hirer, the hirer is to inform B&B about this in advance. If the hirer determines within the first four working hours of the first day of work that a B&B temporary employee is unsuitable for the scheduled activity and if he insists on an exchange of the B&B temporary employee, B&B will not charge the hirer for fault in selecting to be proven.
  3. The hirer is obligated to brief the B&B temporary employee sent to him in the contract work. The hirer is likewise obligated to constantly supervise the carrying out of the contract work by the B&B emporary employee. The hirer is obligated to also provide measures to install first aid for B&B temporary employees, as well as to inform the B&B temporary employee about accident prevention regulations applicable to his company and the particular workplace.
  4. It is not permitted to arrange or try to arrange for a B&B temporary employee to breach his employment relationship with B&B during the period of temporary employment. Enticement in breach of contract or of the law obligates the hirer to pay compensation for damages and entitles B&B to terminate the contract without notice, also in case of attempted enticement.
  5. In the case of recruitment of services, the B&B fee conditions apply, with which the hirer agrees to the temporary employee leasing contract when he signs it.
  6. If the B&B temporary employee is no longer required by the hirer, the hirer is to inform B&B at least 5 work days in advance. If this period is not observed by the hirer, B&B is entitled to demand the payment for the up to five work days as compensation for damages, with reference to the agreed charge rate and the weekly standardised working hours. Evidence of lower damages or timeous other possibilities for temporary employment is not excluded.
  7. B&B is only liable for culpable or grossly negligent actions of its legal representatives and persons assisting in the performance of obligations. Liability is excluded in the case of simple negligence. Temporary employees are not persons assisting in the performance of obligations. In this regard there is no liability for their activity, with the exception of fault in selecting an agent.
  8. The charge rates stated in the offer are plus the statutory value-added tax until revoked. With regard to the hirer, the revocation will not be effective until the expiry of a period of four weeks after notification.
  9. Complaints about the B&B invoices by full qualified merchants in the sense of the HGB [German Commercial Code] can only be considered within 2 weeks after the receipt of the invoice.
  10. All B&B invoices are payable immediately without cash discount. All B&B claims are payable in total immediately also in the case of deferral, as soon as the hirer defaults with one or more liabilities to B&B, bills of exchange and cheques are protested against or other limit overruns by the hirer also vis-à-vis third parties become known, the hirer suspends payments, is over-indebted, insolvency or bankruptcy proceedings are opened over his assets or the opening of such a proceeding is refused for lack of assets. The above-mentioned provisions apply in particular if the hirer is in default vis-à-vis other B&B offices. In the case of default B&B is entitled to demand interest on default without specific evidence amounting to 4% above the particular bank rate of the Deutsche Bundesbank. B&B remains free to provide evidence of higher damages caused by default.
  11. B&B temporary employees are not authorised to conclude payments, correspondence or contracts.
  12. B&B temporary employees are not entitled to conclude contracts which are binding for B&B.
  13. Tool will be provided by B&B free of charge as basic equipment.
  14. The terms of conditions of sale and general terms and conditions of the hirer which contradict these General Terms and Conditions are not binding for B&B, unless the B&B management has expressly agreed in writing to their content, waiving their General Terms and Conditions.
  15. The place of performance and court of jurisdiction for all legal disputes with fully qualified merchants arising from the contractual relationship as well as its coming into being and its effectiveness is Groß-Gerau.
  16. Changes and additions to these General Terms and Conditions require the written form in order to be effective.
  17. Should one provision or a part of the provisions of these General Terms and Conditions be wholly or partly invalid, this does not affect the effectiveness of the remaining provisions, or respectively parts of the remaining provisions.