Terms and conditions
General terms and conditions of Lakeberg GmbH for services provided under the name “Lakeberg Marine”. Version: 10 October 2026.
1 Scope
(1) These terms apply to all contracts between Lakeberg GmbH, Vicki-Baum-Straße 80, 10317 Berlin, Germany, trading as “Lakeberg Marine” (“we”), and its clients.
(2) We contract exclusively with businesses within the meaning of § 14 of the German Civil Code (BGB), public legal entities and comparable foreign companies. We do not contract with consumers.
(3) Deviating terms of the client apply only if we expressly agree to them in text form.
2 Conclusion of contract
(1) Our offers are non-binding. A contract is concluded when we confirm an order in text form or begin the service.
(2) Scope, price and term are set out in the offer or the order confirmation. The descriptions on lakeberg.com are not a binding offer.
3 Nature of the services
(1) All services are services within the meaning of §§ 611 et seq. BGB. We owe the careful performance of the agreed activity, not an economic result, in particular no sales, no dealer contracts and no approvals.
(2) Written assessments, reports and evaluations are based on the information available at the time they are prepared and on our professional judgement. They are not legal or tax advice. Regulatory notes do not replace an assessment by a conformity assessment body or a lawyer.
(3) The client makes decisions based on our services at its own responsibility.
4 Client cooperation
(1) The client provides the agreed documents (data sheets, price lists, certificates, test reports) on time, completely and accurately.
(2) Delays caused by missing cooperation extend agreed deadlines accordingly.
5 Fees and payment
(1) One-off services (Market Entry Assessment, Europe Market Report, Product Evaluation) are payable in full before the service begins. Deadlines start when payment is received.
(2) Ongoing services are payable in advance: Go-to-Market Partnership monthly, Europe Web Presence quarterly, plus a one-off setup fee before the start.
(3) Interim services are invoiced at the agreed daily rate, monthly in advance for the agreed days. Travel costs and expenses are charged separately against receipts.
(4) If payment is more than 14 days overdue, we may suspend ongoing services and, for Europe Web Presence, temporarily take the website offline until payment is received.
(5) All prices are exclusive of VAT where applicable. Clients outside Germany provide proof of their business status, for example a VAT ID or a company register extract.
6 Term and termination of ongoing services
(1) Ongoing services have the minimum term stated in the offer, twelve months for Europe Web Presence.
(2) After that they renew for one month at a time unless terminated in text form with one month’s notice to the end of the minimum term or of the renewal month.
(3) The right to terminate for good cause remains unaffected.
7 Exclusivity only by agreement
(1) In principle, we may also work for competitors of the client, including in the same product category. The obligations under section 8 remain unaffected.
(2) For a Go-to-Market Partnership or an interim assignment, the offer may provide that, for the term of the contract, we will not work for a direct competitor of the client in a product category defined there. Exclusivity may be charged separately.
(3) Without such an express agreement there is no exclusivity. No exclusivity is agreed for one-off services.
8 Confidentiality
(1) Both parties treat all non-public information of the other party as confidential and use it only for the contract. This applies for three years after the end of the contract.
(2) In particular, we do not pass a client’s information on to other clients, including clients in the same product category. We name clients only with their consent.
(3) On request, we sign a separate non-disclosure agreement.
9 Rights to work results
(1) The client receives a simple, perpetual right to use reports, assessments and evaluations for its own purposes. Publication or disclosure to third parties, other than the client’s advisers, requires our consent.
(2) Methods, tools, templates, software and general know-how remain ours.
(3) We name the client as a reference only with its consent.
10 Product Evaluation: test units
(1) The client delivers the test unit at its own cost and risk, duty and tax paid (DDP), to the address in Berlin that we specify, with operating manual, conformity documents and proof for the transport of the battery (e.g. UN 38.3).
(2) The client warrants that the unit can be operated safely when used as intended. It indemnifies us against third-party claims based on defects or faults of the unit.
(3) The unit stays with us for at least three months. After that, the client may have it collected at its own cost. If the client does not collect the unit within four further weeks, it abandons ownership of it, and we may dispose of it at the client’s cost.
(4) We are not liable for wear, tear and damage arising from test rides carried out as intended. Otherwise section 12 applies.
(5) The Product Evaluation is confidential. It gives no right to be listed by E-SURFER, to a published review or to a recommendation.
11 Europe Web Presence
(1) The client is the operator of the website. It is responsible for all content it supplies or approves, in particular product information, performance data, safety and conformity statements, imprint and legal texts. It indemnifies us against third-party claims based on such content.
(2) We provide technology, hosting, maintenance and the agreed content work. We guarantee a specific availability only if it is expressly agreed in the offer.
(3) For the term of the contract, the client receives a simple right to use the website. Source code, templates and tools remain ours. The domain is registered in the client’s name.
(4) After the contract ends, the client may take over the website at the price agreed in the offer. Without a takeover, we take the website offline 30 days after the contract ends.
(5) An online shop for consumers is not part of the service.
(6) Where we process personal data on the client’s behalf, for example through an enquiry form or server logs, the parties conclude a data processing agreement under Art. 28 GDPR.
12 Liability
(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health and where mandatory law requires.
(2) For slightly negligent breach of essential contractual obligations, we are liable only for the typical, foreseeable damage.
(3) In all other cases liability is excluded.
(4) Liability under paragraph 2 is limited in amount to the fee for the order concerned, for ongoing services to the fees of the last twelve months.
(5) Claims against us become time-barred one year after the claimant becomes aware of them, except in the cases of paragraph 1.
13 Final provisions
(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The exclusive place of jurisdiction is Berlin, Germany.
(3) These terms are available in German and English. In case of conflict, the German version prevails.
(4) Amendments and additions must be made in text form.