2.1.1 For each Cost Estimate provided by Dennemeyer issued with regard to each European patent that shall be Validated, Client will place an Order through the EP Web App.
2.1.2 Dennemeyer will send a written formal confirmation of acceptance of Client Order for each Order placed by Client, which will constitute acceptance of the Order. For the avoidance of doubt, Cost Estimates received from Dennemeyer shall not constitute an offer to provide Client with any Services.
2.1.4 Client shall place an Order not earlier than the day of publication of the mention of grant of the EP in the European Patent Bulletin to allow Dennemeyer to accurately docket the Validation term. If against Dennemeyer’s established practice Client choses to instruct Dennemeyer before the grant of the European Patent, e.g. with the issuance of the Rule 71(3) EPC communication, Client shall inform Dennemeyer about the publication of grant in due course. Dennemeyer doesn’t monitor the grant of the European Patent and cannot be held liable in this respect.
2.1.3 Client shall place an Order not later than four (4) weeks (except Norway: six (6) weeks) before the deadline to Validate the European Patent. Otherwise a surcharge will be applicable to reflect urgency and disruption of Dennemeyer’s standard processes.
2.1.3 Client agrees that Dennemeyer shall carry out the Services by using its network of affiliates, partner firms and Local Agents, and may delegate certain tasks, rights or duties under this Order to such cooperator. “Local Agents” shall mean individuals, associations or legal entities that are registered or entitled to practice with one or more patent offices on behalf of a party or its clients.
2.1.5 Dennemeyer may, at its sole discretion, reserve itself the right to either accept or refuse belated or urgent instructions and/or Orders from Client, and Client agrees that additional fees or late filing fees may apply in such cases. Such fees will be expressly added on the Dennemeyer’s invoices sent to the Client.
2.2.1 Dennemeyer and the Client communicate with each other by using electronic mail on the basis that both of them accept the risks (including but not limited to the security risks of interception) of, or unauthorized access to, such communications and the risks of viruses.
2.2.2 An email shall be considered as actually being received when the responsible contact person from Client instructing or from Dennemeyer assigned to the Services has explicitly confirmed receipt or has otherwise replied to the email. Automated replies or generic receipt confirmations, including out-of-office messages shall not constitute a confirmation of receipt.
2.2.3 Client accepts that English may be the only language in which Dennemeyer provides information and advice, and Client acknowledges that Client and the individual in charge of the matter at Client’s end has sufficient language skills to understand and communicate in English language relating to legal matters.
2.3.1 Necessary translations will be prepared by translation agencies utilizing skilled translators or by or under the supervision of patent attorneys, depending on the jurisdiction.
2.3.2 Dennemeyer will generally ensure that Local Agents or translation agencies sign a declaration confirming that (i) the translation of the relevant parts of the Validated European Patent has been prepared by skilled and experienced translators and that (ii) at least the independent claims have been proof-read by an attorney or by translators competent in the languages and technical fields covered in the independent claims. If Local Agents or translation agencies sign such a declaration, this declaration is made available to Client upon request.
2.4 Client’s obligations
2.4.1 Client must provide Dennemeyer with all requested information, document (e.g. power of attorney), or item requested by Dennemeyer, which is necessary for or supports Dennemeyer’s performance of the Services, within the deadlines indicated by Dennemeyer. This includes the information if Dennemeyer shall be responsible for payment of annuity fees falling due within the Validation term, if applicable, or falling due in the future.
2.4.2 Client shall use its best efforts to continuously verify and ensure the accuracy and completeness of its patent-related information, and will review all reports, notifications and other information provided by Dennemeyer. Any discrepancies discovered by Client must be communicated to Dennemeyer without undue delay. Especially, any change of the status of a patent that is related to the Services hereunder (grant, refusal, change in ownership or address, etc.) must be timely reported to Dennemeyer.