TERMS AND CONDITIONS

1.GENERAL PROVISIONS

1.1 The following general terms and conditions – abbreviated as GTC – of TECTUM Group GmbH apply to contracts for the provision of evidence of the opportunity to conclude a contract or the brokerage of a contract regarding developed and undeveloped real estate. The GTC also apply to future contracts between TECTUM Group GmbH – hereinafter referred to as TECTUM – and its principals or customers – hereinafter referred to as Principal. They apply even if their validity is not expressly referenced.

1.2 Other general terms and conditions that contradict or deviate from those of TECTUM are not recognized.

1.3 TECTUM reserves the right to act for both contracting parties on a fee basis.

2. OFFER – EXPOSÉ

2.1 Upon request by the Principal, TECTUM provides an exposé containing information about the specific property.

2.2 The exposé specifies in detail whether it concerns a contract, the provision of evidence of a possible contract conclusion, or the brokerage of a contract.

3. OBLIGATIONS OF THE PRINCIPAL

The Principal undertakes to provide all information and documents necessary for the execution of the assignment completely and correctly.

4. BROKER’S COMMISSION

4.1 Upon conclusion of a purchase or other acquisition contract for a property, the following commission agreement applies to TECTUM’s brokerage activities: The Principal undertakes to pay a brokerage commission of 3.5% plus statutory value-added tax (currently 8.1%) of the total purchase price for the brokerage or provision of evidence of a contract, as well as for the acquisition of undeveloped or developed real estate and property-like rights from a foreclosure auction, including all ancillary agreements or substitute transactions related to the acquisition. In the case of a sale on a pension basis, the purchase price is the pension present value determined according to general methods. For the establishment and transfer of building rights, the commission is 3.5% plus statutory value-added tax of the total purchase price. If no such price is agreed, it is replaced, at TECTUM’s choice, by either 25 times the building right interest or the corresponding capital value of the building right.

4.2 For the brokerage of commercial lease, tenancy, and comparable usage contracts, the following commission agreement applies to TECTUM’s brokerage activities: The Principal undertakes to pay a brokerage commission of 3.5% plus statutory value-added tax of the contract value for the brokerage of commercial lease, tenancy, and comparable usage contracts or for the provision of evidence of such contracts. For leases with a contract term of up to five years, a commission of at least two monthly rents plus statutory value-added tax applies. If a graduated rent is agreed in the concluded lease contract, TECTUM’s commission claim is calculated based on the average rent for the term of the graduation agreement or the lease contract.

4.3 For the brokerage of an extension option or its contract evidence, the Principal undertakes to pay TECTUM a brokerage commission of 1.75% plus statutory value-added tax of the increased contract value. The commission becomes due upon further effectiveness of the main contract.

4.4 If, in addition to a lease or tenancy contract, a pre-emptive right or purchase option is contractually agreed, the commission increases by 1.1% plus statutory value-added tax of the market value of the entire property. Upon exercise of the pre-emptive right or purchase option, the commission increases by a further 2.2% plus statutory value-added tax of the purchase price.

4.5 For the brokerage of a contractually agreed pre-emptive right or purchase option or for the provision of evidence of a possible contract conclusion, the following applies: The Principal undertakes to pay a commission of 1.1% plus statutory value-added tax of the market value of the entire property upon effectiveness of the main contract. Upon exercise of the pre-emptive right or purchase option, the Principal pays a further 2.2% plus statutory value-added tax of the purchase price.

4.6 For the rental of residential space, the Principal (in particular the landlord as the commissioning party) undertakes to pay a commission of 2.2 monthly rents plus statutory value-added tax. Charging the tenant with the commission is excluded unless the tenant has expressly and independently commissioned TECTUM. If a graduated rent is agreed in the concluded lease contract, TECTUM’s commission claim is calculated based on the average rent for the term of the graduation agreement or the lease contract.

4.7 TECTUM is entitled to the commission claim even if an economically equivalent or similar transaction is concluded.

4.8 Contract value is the sum of the agreed rents, tenancy payments, or other considerations during the contractual term. Monthly rent means the respective agreed net cold rent.

5. CONFIDENTIALITY

The Principal is obligated to treat the information contained in the offers confidentially and to keep it secret from third parties. If the Principal passes on the offer to a third party with whom TECTUM has no contractual relationship, contrary to the above obligation, and this third party concludes a contract within the meaning of these GTC, the Principal is obligated to pay TECTUM a contractual penalty in the amount of the otherwise customary remuneration in accordance with the preceding clauses.

6. LIABILITY

6.1 Subject to the provisions in the following clauses 6.2 to 6.3, TECTUM is liable to the customer for damages caused intentionally or through gross negligence by it, its legal representatives, or senior executives, as well as for damages attributable to it, its legal representatives, or senior executives resulting from injury to life, body, or health.

6.2 The customer is aware that TECTUM receives all documents necessary for preparing an offer from the Principal. TECTUM only passes on unchecked information and therefore assumes no liability for the completeness and accuracy of the information contained in an offer, unless otherwise expressly regulated. Errors and intermediate utilization are expressly reserved in all offers and communications. The customer must verify all information with the Principal before concluding the contract.

6.3 For damages caused by intentional or grossly negligent conduct of other vicarious agents, liability is limited to such damages whose occurrence can typically be expected within the framework of the respective contract. This does not apply to attributable damages resulting from injury to life, body, or health.

7. SET-OFF, RIGHT OF RETENTION, AND TRANSFERABILITY

7.1 The Principal’s right to set off against TECTUM’s claims is excluded. This does not apply insofar as the Principal sets off with an undisputed or legally established claim.

7.2 Rights of retention or other rights to refuse performance by the Principal against TECTUM are excluded. This does not apply to rights of retention due to undisputed or legally established counterclaims of the Principal.

7.3 The transfer of rights and obligations from this contract by the Principal requires TECTUM’s prior written consent.

8. DATA PROTECTION

The Principal consents to TECTUM collecting, processing, and using their personal data in the context of the business relationship in accordance with the Federal Act on Data Protection (FADP). Data arising from the property documents or contract execution may be collected, processed, used, and transmitted to interested parties to the necessary extent. This consent applies regardless of the conclusion of the contract and also to future contract conclusions.

9. REVOCATION OF YOUR CONSENT TO DATA PROCESSING

Many data processing operations are only possible with your express consent. You can revoke a previously given consent at any time. An informal notification by email to us is sufficient. The legality of the data processing carried out until the revocation remains unaffected by the revocation.

10. RIGHT TO OBJECT TO DATA COLLECTION

In accordance with the Federal Act on Data Protection (FADP), you have the right to request information about your personal data stored with us, to demand its correction or deletion, and to object to data processing. If you object, we will no longer process your affected personal data unless we can demonstrate compelling reasons for processing or the processing serves the assertion, exercise, or defense of legal claims.

11. APPLICABLE LAW AND JURISDICTION

11.1 Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

11.2 The place of jurisdiction and performance is Ermatingen, Canton of Thurgau. For consumers (natural persons not acting commercially), the place of jurisdiction at the consumer’s domicile applies instead, insofar as this is required by mandatory law (e.g., ZPO Art. 32 or IPRG).

12. SEVERABILITY CLAUSE

If individual provisions of these GTC are or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is to be replaced by a valid one that comes closest to the economic purpose of the invalid provision.