Preamble - Terms and Conditions for Consulting Services Template Contract

Aug 30, 2026

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Template contract terms and conditions governing consulting services define the legal relationship between the employer and the consultant. The preamble explains how the employer’s request and the acceptance of a technical and financial bid lead to agreement by the parties. Subsequent sections describe KfW’s limited liability, exclusions regarding accuracy, suitability and updates, and the user’s obligations to conduct individual review and obtain legal advice. Notes clarify governing law flexibility and required adaptation to jurisdiction-specific needs.

LanguageEnglish

CategoryLetters

FormatDOCX

Pages55

Reading Time19 min

AccessFree to download

Preamble

Terms and Conditions

Conclusion of a contract

Liability of KfW

Limitations of KfW responsibilities

Obligations of the User

Notes for the User

Structure of the Model Contract

Section 1: General Conditions

Section 2: Special Conditions

Section 3: Annexes

Terms and Conditions Applicable to the Template Contract for Consulting Services 1. Terms and Conditions 1. Conclusion of a contract. By using this Model Contract (or sections thereof), every User of the Model Contract (hereinafter "User") acknowledges the following Terms and Conditions. These Terms and Conditions are agreed between each User and KfW without requiring that KfW receives the User's acceptance of the Terms and Conditions associated with the use of the Model Contract. 2. Liability of KfW. KfW assumes no liability for damages arising from or in connection with the use of the Model Contract, except for intent, gross negligence and injury to life, body or health. 3. Limitation of the responsibilities of KfW. KfW has prepared the Model Contract as an example of a contract for consulting services, for which KfW grants its consent in principle. However, KfW assumes in particular no obligation for the review of: the legal and factual accuracy of the Model Contract by obtaining internal or external legal advice, the factual accuracy of the circumstances underlying the Model Contract, the suitability of the Model Contract for the purposes of the User, the balance of the Model Contract versus the individual interests of the specific User, the contractual drafts prepared using the Model Contract that are submitted to KfW, e.g., for consent, and the need to update the Model Contract in the event of changes in legislation. 4. Obligations of the User. Every User shall: use the Model Contract only after performing a thorough individual review and making the necessary modifications for the specific circumstances. engage legal counsel to review the contractual draft based on the Model Contract prior to the conclusion of a contract, in order to investigate the enforceability and effectiveness of the contract under the applicable legislation. II. Notes for the User KfW expressly refers every User of the Model Contract to the following: The Model Contract was not developed based on any specific legal jurisdiction; instead, the choice of governing law is left to the contracting parties. KfW has not investigated whether modifications of the Model Contract are necessary so that it can be used under the respective potential jurisdictions. The Model Contract must be adapted to the individual needs of the specific User and should only be signed after the User has reviewed whether the specific contractual provisions are suitable for his individual purposes. III. Structure of the Model Contract Section 1: General Conditions – these include the general underlying contractual provisions. Changes in this section usually have a significant impact on the contract and require the prior consent of KfW. Section 2: Special Conditions – these include the specific details of each individual case. Any modifications or deviations based on the specifics of the project or due to contractual negotiations can be included here. Section 3: Annexes – depending on the contents, these are either project specific (e.g., TOR, Time Schedule) or generally defined (e.g., Declaration of Undertaking). TOC \f C \h \t "DE Part Headings L1;1; DE Standard L1;1; Heading 1;1; Standard L1;1" GUID=0c755931-16f8-4294-852d-9b7b0f5402e8 HYPERLINK \l "_Toc72483069" Preamble PAGEREF _Toc72483069 \h 1 HYPERLINK \l "_Toc72483070" General Conditions PAGEREF _Toc72483070 \h 1 HYPERLINK \l "_Toc72483071" Paragraph 1 General Provisions PAGEREF _Toc72483071 \h 1 HYPERLINK \l "_Toc72483072" Paragraph 2 The Employer PAGEREF _Toc72483072 \h 9 HYPERLINK \l "_Toc72483073" Paragraph 3 The Consultant PAGEREF _Toc72483073 \h 11 HYPERLINK \l "_Toc72483074" Paragraph 4 Commencement, Completion, Amendment and Termination of the Services PAGEREF _Toc72483074 \h 14 HYPERLINK \l "_Toc72483075" Paragraph 5 Remuneration PAGEREF _Toc72483075 \h 19 HYPERLINK \l "_Toc72483076" Paragraph 6 Liability PAGEREF _Toc72483076 \h 22 HYPERLINK \l "_T

FAQs

What happens after the employer accepts the consultant’s technical and financial bid?

The parties agree that the employer requests consulting services for the defined project and the consultant’s accepted bid forms the basis for the contract agreement stated in the preamble.

Does KfW accept liability for damages arising from the model contract’s use?

KfW assumes no liability for damages connected to the use of the model contract, except for intent, gross negligence, and injury to life, body or health.

What are the user’s key obligations when using and signing the template contract?

The user must perform a thorough individual review, make necessary modifications for the specific circumstances, and engage legal counsel to review the draft to assess enforceability and effectiveness under applicable law.

Aug 30, 2026

Upload by Terk