Terms and Conditions
§ 1 Scope of application
[1]
Unless otherwise expressly agreed in writing, these General Terms and Conditions of Service [ALB] shall apply exclusively to all contracts concluded by us with a customer for our deliveries and services as well as for pre-contractual obligations in this respect in business transactions.
Other terms and conditions of business shall not become part of the contract, even if we do not expressly contradict them. This shall also apply if we perform our services to the customer without reservation in knowledge of conflicting or deviating terms and conditions or if reference is made to them in individual correspondence.
[2]
Even if no further reference is made to the existence of current business relationships when concluding similar contracts, our General Terms and Conditions of Business shall apply exclusively in their version which can be called up by the customer at www.trgcomp.de, unless the contracting parties agree otherwise in writing. Upon request, the current version of the ALB will also be sent to the customer free of charge in printed form.
[3]
These General Terms and Conditions only apply vis-à-vis to entrepreneurs, legal entities under public law or special funds under public law within the meaning of § 310 section 1 of the German Civil Code (BGB).
§ 2 Conclusion of contract
[1]
Our offers are subject to confirmation and non-binding, unless the offer is described in writing as binding. The customer shall be bound by declarations to conclude contracts [contractual offers] for a period of three weeks.
[2]
A legal commitment only comes into being through a contract signed by both parties or our written order confirmation, and also through the fact that we begin to render services in accordance with the contract. We can demand written confirmations of verbal contract declarations by the customer.
§ 3 Subject matter of the contract
[1]
Crucial for the scope, type and quality of deliveries and services is the contract signed by both parties
[2]
Product descriptions, illustrations and technical data are
Service descriptions, but no guarantees. A guarantee requires the
express written declaration.
[3]
We reserve the right to make minor changes to the services provided, provided that this does not change in any way.
insignificant changes in performance, which are reasonable for the customer.
are. In particular, the usual commercial quality, quantity, weight or weight of the goods is not guaranteed.
other deviations are to be accepted by the customer, even if he/she is not responsible for any of the
order refers to prospectuses, drawings or illustrations, except for
in case of express agreement as binding quality.
§ 4 Time of performance, delays, partial services, place of performance
[1]
Information on delivery and performance dates are non-binding, unless we have designated them as binding in writing. All delivery and performance deadlines shall be subject to the reservation of correct and timely self-delivery. Delivery periods begin with forwarding of the order confirmation to the customer though all questions on commercial and technical details have to be clarified first. In addition to that the customer must fullfill all his obligations [e.g. provision of necessary official approvals, releases or executed agreed payments].
[2]
Delivery and performance periods shall be extended by the period of time in which the customer is in default of payment under the contract and by that period of time in which we are prevented from delivery or performance by circumstances beyond our control, and by a reasonable period of time for which we are entitled to claim compensation. Start-up time after the end of the obstacle reason. These circumstances include force majeure, shortage of raw materials in the relevant raw material markets, delays of our suppliers and industrial action. Deadlines shall also be deemed to be extended by the period of time in which the customer, in breach of contract, fails to provide contractual obligations and cooperation services e.g. does not provide information, does not create access, does not deliver a provision, or does not provide employees.
[3]
If the contracting parties subsequently agree on other or additional services which affect agreed deadlines, these deadlines shall be extended by a reasonable period of time.
[4]
Reminders and setting of deadlines of the customer require the written form to be effective. A grace period must be reasonable. A due period of less than two weeks is only appropriate in case of special urgency.
[5]
We can render partial services insofar as the delivered parts are useful for the customers. We reserve the right to increase or decrease deliveries by up to 5 % of the scope of delivery.
[6]
Agreed delivery dates shall be deemed to have been met if the goods have been handed over to the transport person at the day fixed or if we have notified the actual readiness for dispatch.
[7]
If we are not supplied by our suppliers ourselves at all [for good], although we have carefully selected them and the order meets the requirements of our delivery obligation, we shall be entitled to withdraw from the contract in relation to the customer in full or in part if we notify the customer of our non-delivery and - insofar as permissible - offer the assignment of the claims to which we are entitled against the supplier to the customer.
§ 5 Packaging, dispatch, transfer of risk, insurance
[1]
Our deliveries shall be made at the customer's expense and at the customer's own risk.
packed in standard commercial packaging.
[2]
The risk shall pass to the customer as soon as the product has been delivered to our works.
or distribution center. This also applies to partial deliveries,
deliveries within the scope of supplementary performance and if we provide further services,
in particular shipping costs or delivery. So far as
If a contract for work and services has to be accepted, acceptance of the work and services shall be deemed to have taken place.
Risk at acceptance.
[3]
Selection of the shipping method, carrier and route of transport
is carried out by us, insofar as we have not received any written instructions from the customer.
are available. In this selection we are only liable for intent or gross negligence.
Negligence.
[4]
At the express request of the customer, delivery shall be made at his own expense.
against the risks designated by him - to the extent that we can reasonably be expected to accept reasonable risks for us.
Expenditure possible - insured.
§ 6 Prices, remuneration, payment, set-off
[1]
All prices are valid, unless the contracting parties agree otherwise.
from our registered office. All prices and fees are
Net prices plus the applicable statutory value added tax.
and any other statutory duties in the country of delivery, plus
Travel costs, expenses, packaging, shipping and possibly transport insurance.
Additional services requested by the customer will be invoiced on a time and material basis.
have been provided.
[2]
Payments are to be made unless the contracting parties have agreed otherwise.
immediately after performance of the service and receipt of the invoice by the customer.
customers without deduction and payable within 30 days, subject to the following terms and conditions
Prerequisite that a sufficient credit limit of the
commercial credit insurer is available.
If the credit limit is not sufficient, we reserve the right to demand payment in advance.
demand.
[3]
Bills of exchange and cheques are not accepted as a matter of principle.
on account of payment.
[4]
In the event of a delay in payment, the customer shall be liable to pay interest in the amount of eight
percentage points above the applicable base rate. the
Right to assert further damage caused by default
remains unaffected.
[5]
If the customer's delay lasts for more than 30 calendar days, he/she shall allow
bills of exchange or cheques to protest or will request the opening of a new account.
insolvency proceedings concerning his assets or a comparable procedure
under a different legal system, we are entitled to make use of any and all
due immediately, all claims against the customer are to be settled immediately, all claims against the customer are to be settled.
to withhold deliveries and services and to exercise all rights from third parties
to assert retention of title.
[6]
The customer shall only be entitled to rescind the contract if it is undisputed by us or legally binding.
of the established receivables. Except in the area of §354a HGB, it is possible that
the customer claims arising from this contract only with our prior written consent.
written consent, which may not be unreasonably refused, to
Assign third parties. A right of retention or the objection of not being able to
the customer shall only be entitled to the fulfilment of the contract within the respective period of time.
contractual relationship to.
[7]
We reserve the right to withdraw from the contract[unless the goods or services are delivered within
are to be delivered or rendered four months after conclusion of the contract]
the right to increase our prices accordingly, if after conclusion of the contract
of the contract increases costs, in particular due to wage agreements
and material price increases. We will provide these to the customer on
Demand proof.
[8]
In the case of a purchase price in foreign currency, the customer bears the risk
a deterioration in the exchange ratio of the exchange ratio of the exchange ratio with respect to the exchange ratio.
Euro for the period from the conclusion of the contract.
§ 7 Retention of title
[1]
Our services remain our property until full payment of all fees has been received.
Receivables resulting from the business relationship between us and the customer
our property. Receivables also include cheques and bank overdrafts.
Receivables from bills of exchange and current account receivables.
[2]
The customer shall be obliged to return the goods subject to retention of title to the supplier.
for the duration of the retention of title. In particular
he is obligated to return the goods at his own expense against fire water and
Insure theft damage sufficiently at replacement value. The customer enters
any claims for compensation under this insurance policy. We hereby accept the assignment. Insofar as assignment is not permissible the customer hereby instructs his insurer irrevocably,
to make any payments only to us. Further claims from us
remain unaffected. At our request, the customer shall inform us of the conclusion of the
proof of insurance.
[3]
A sale of the goods subject to retention of title is not permitted to the customer.
customers only in the ordinary course of business. The customer
is not entitled to sell the goods subject to retention of title.
transfer by way of security or other, our title to the goods shall remain with us.
to make any injunctions that could endanger the company. In the case of garnishments or other
interventions by third parties, the customer shall immediately notify us in writing of
and to provide all necessary information, to inform the third party about
to inform us about our property rights and to inform us of the measures we have taken to protect them.
protection of the goods subject to retention of title. The customer
bears all costs for which he is responsible, which are necessary for the suspension of access to the site.
and must be spent on the re-procurement of the goods, insofar as
they cannot be confiscated by the third party.
[4]
The customer hereby assigns the claims arising from the resale of the goods to us.
of the goods with all ancillary rights to us, irrespective of this,
whether the goods subject to retention of title are delivered without or after processing
will be resold. We accept this assignment already now. Provided that
assignment should not be permissible, the customer hereby rejects the assignment of the claims to the customer.
third party debtors irrevocably to make any payments only to us.
The customer is revocably authorised to rescind the claims assigned to us.
in trust for us. The amounts collected are to be paid immediately
to us. We shall be entitled to exercise the customer's direct debit authorization and
revocation of the customer's entitlement to resell the goods, if the customer's right to resell the goods has been revoked.
Customer's payment obligations to us not properly
default, default in payment, suspension of payments or if the customer fails to make payment or if
opening insolvency proceedings against the customer's assets
is requested. A resale of the accounts receivable requires our
prior consent. With the notification of the assignment to the third-party debtor
the customer's authority to collect shall lapse. In case of revocation of the
We are entitled to demand that the customer shall be entitled to claim the ceded claims against us.
claims and their debtors, discloses all claims that are necessary for the collection of the receivables and their debtors.
information, handed over the related documents and handed them over to the debtors.
the assignment.
[5]
In the event that the customer's claims arising from the resale of the goods in the amount of
a current account, the customer herewith also enters into a current account.
the customer's current account receivables from us,
in the amount of the purchase price including value-added tax, which is payable for the purchase price of the property.
goods subject to retention of title has been agreed upon.
[6]
If we assert our claims in accordance with § 6 para. 5, we shall not be entitled to assert our claims in accordance with § 6 para. 5.
to grant the customer immediate access to the goods subject to retention of title, to grant us access to the goods subject to retention of title.
detailed list of the existing goods subject to retention of title, which are to be sent to us in writing.
goods for us and return them to us at our request.
[7]
The processing or alteration of the goods subject to retention of title shall be excluded.
Goods by the customer are always made for us. The expectancy right of the
The customer of the goods subject to retention of title shall be entitled to the right of retention of title.
processed or reshaped item. If the goods are delivered with others, us
processed, combined or mixed, acquire goods which do not belong to us.
the co-ownership of the new item in proportion to the value of the goods delivered.
delivered goods to the other processed items at the time of the delivery of the goods.
Processing. The customer shall keep the new items in safe custody for us. For those who
Processing or transformation of the resulting object shall apply in all other respects the same
provisions as for goods subject to retention of title.
[8]
At the customer's request, we shall be obliged to inform the customer of the amount due to him.
to release collateral insofar as the realisable value of the collateral is not impaired.
Collateral taking into account standard bank valuation discounts
our receivables from the business relationship with the customer by more than
exceeds 10%. During valuation, the invoice value of the invoice value specified in
goods subject to retention of title and from the nominal value of receivables.
to go out.
[9]
In the case of deliveries of goods to other jurisdictions in which the
the retention of title provision pursuant to this § does not apply the same
As in the Federal Republic of Germany, it has a securing effect, and we are conceded by the
customer hereby assigns a corresponding security interest. Provided that this
further declarations or actions are necessary, the customer shall be obliged to
make these declarations and take actions. The customer is sent to
participate in all measures that contribute to the effectiveness and enforceability of the project
such security interests are necessary and beneficial.
§ 8 Contractual Binding and Termination of Contract
[1]
The customer can cancel the exchange of services in case of a breach of duty.
on our part, for whatever legal reason (e. g. in the event of withdrawal),
claim for damages instead of performance, termination for good cause)
in addition to the legal requirements, only under the following conditions
Cancel prerequisites prematurely:
The breach of contract is to be reprimanded concretely. Removing the fault
is subject to a time limit. In addition, there is a threat that after
the expiry of this period will not result in any further benefits in respect of the
and, therefore, the exchange of services can be partially excluded.
or completely terminated.
The time limit for remedying the fault must be reasonable. A deadline of
less than two weeks is only necessary in case of special urgency.
appropriate. In case of a serious and definitive refusal of performance or
subject to the other legal requirements[§ 323 para. 2 BGB] the following may apply
the setting of a time limit does not apply.
Termination of the power exchange[partially or wholly] because of the
Failure to remedy the fault can only be rectified within three weeks after the end of the fault.
the expiry of this period. The period shall be limited to the duration of
Negotiations blocked.
[2]
The customer may rescind the contract due to a
Delay in performance only if we are solely responsible for the delay, or
the customer's responsibility, unless the customer can be held responsible for the damage due to
a balancing of interests, adherence to the contract on the basis of the
Delay cannot reasonably be expected.
[3]
All declarations made in this context require the prior written consent of
Written form.
[4]
The termination according to § 649 BGB remains according to the legal regulations
permissible.
[5]
We may terminate the contractual relationship with immediate effect,
if the customer is aware of the facts that determine his creditworthiness
has provided incorrect information or has definitively suspended payments
or a proceeding against him for the submission of an affidavit in lieu of an oath
insolvency proceedings or insolvency proceedings or insolvency proceedings against his assets.
similar proceedings have been opened under a different legal system
or an application for the opening of such proceedings has been made,
unless the customer makes advance payment immediately.
§ 9 General obligations of the customer
[1]
The customer is obligated to pay all our deliveries and services in full.
in accordance with § 1 para. 1 without undue delay from the time of delivery or performance or from the date of delivery.
Accessibility according to commercial law [§§ 377HGB] by a competent employee and to have it inspected by a qualified person.
noticeable and/or recognized defects immediately in writing under more precise and detailed conditions.
description of the error.
[2]
The customer acknowledges that we are committed to ensuring a successful and timely delivery of our products and services.
performance of deliveries and services owed to us on behalf of the customer.
comprehensive cooperation of the customer. He commits himself
therefore, all information necessary for a proper performance of the services
necessary information in good time and completely available to place.
[3]
The customer undertakes to ensure that our deliveries and services are
to thoroughly test for usability in the specific application before you can use it.
it begins with productive use, as well as before the delivery of its products to perform a functional test on its customers.
[4]
The customer has negative data that is affected by our services.
can be influenced or endangered in a manner appropriate to the application.
intervals in a machine-readable form and thus to save them in a way that is easy to read.
ensure that they are restored with justifiable effort can become.
[5]
The customer shall take reasonable precautions in the event that we should
our deliveries and services are partially or wholly improperly delivered or rendered in whole or in part.
(e. g. by data backup, fault diagnosis, regular monitoring and analysis of the data.
Examination of the results, emergency planning).
§ 10 Restrictions on use, exemption
[1]
Unless otherwise expressly agreed in writing,
our services are [especially those goods or software purchased or programmed by us] not for use in life-sustaining or supportive medical devices,
equipment and systems, nuclear installations, military purposes, air and air navigation equipment
space travel or for other purposes in which a failure of the product can cause
life-threatening or catastrophic consequential damages.
[2]
If the customer violates paragraph 1, this shall be done at his own risk and
under the sole responsibility of the customer. The customer hereby provides us with the following information
the respective manufacturer of any liability arising from the use of
goods in such contexts on first request in full
without damage or complaint, including the costs of reasonable and appropriate compensation.
Legal defence.
§ 11 Material defects
[1]
Our services have the agreed condition and are suitable for
for the contractually required, in the absence of an agreement for the
ordinary use. Without an explicit further-reaching agreement
exclusively a state of the art freedom from defects
owing to our services. For the suitability and safety of our
Services for a customer's application are exclusively provided by the customer
responsible. An insignificant reduction in quality remains
not taken into account.
[2]
We guarantee that the delivered goods have the characteristics which are necessary for the delivery of the goods.
by the manufacturer or by mutual agreement in testable technical parameters
have been specified in writing. The delivered goods are only available for the
intended by us or the respective manufacturer. When
agreed condition according to §434 BGB (German Civil Code) apply exclusively the
specifications of the respective manufacturers.
[3]
Warranty is excluded:
in case of natural wear and tear
with improper maintenance
if unsuitable equipment is used
in case of damage caused by repairs or other work of third parties,
not expressly approved by us.
The burden of presentation and the burden of proof with regard to the absence of these
reasons for exclusion lie with the customer.
Furthermore, the customer's rights to claim for defects presuppose that he/she is entitled to assert his/her complaint and claim against us.
has duly complied with inspection obligations pursuant to § 9 para. 1 and
hidden defects immediately after discovery in writing.
[4]
In case of material defects, we can first remedy the defect. Subsequent performance
shall be effected at our discretion by rectification of the defect, by delivery of the goods or by repair of the defective goods.
of goods or services which do not have the defect, or
by pointing out ways of demonstrating the effects of the defect to the customer.
avoid. Due to a defect, at least two attempts to remedy the defect must be made.
to accept. An equivalent new or equivalent previous
Product version which does not show the defect is to be replaced by the customer as supplementary performance.
if this is reasonable for him.
[5]
The customer shall provide us with the following information when analysing and remedying defects
support, in particular by providing concrete solutions to problems that arise
and will inform us comprehensively and inform us of the measures necessary to remedy the defect.
time and opportunity.
[6]
Should we incur additional costs as a result of the fact that our services are changed or that
has been operated incorrectly, we can demand that they be replaced.
We can demand reimbursement of expenses if no defect is found.
The burden of proof lies with the customer. Section 254 of the German Civil Code (BGB) shall apply accordingly. raising
costs incurred for the purpose of remedying the defect,
transport, labour and material costs in particular, we have reduced these costs to a minimum.
not to be borne, insofar as the expenses increase as a result of the fact that the
delivery item is subsequently delivered by the customer to a location other than the place of delivery.
delivery address has been transferred, unless the shipment
corresponds to its contractual and intended use. Personnel and
Material costs incurred by the customer due to the defectiveness of our services shall be borne by the customer.
are to be calculated on a cost price basis.
[7]
If we definitively refuse subsequent performance or if it is irreversible
or is unreasonable for the customer, he/she may be held liable within the scope of the
legal regulations according to the stipulations of § 9 either from the contract
or to reduce the remuneration appropriately and, in addition, to reduce the remuneration in accordance with
§ 14 in case of fault on our part, compensation for damages or reimbursement of expenses
demand. The claims become statute-barred after §15.
§ 12 Defects of title
[1]
Unless otherwise agreed, we shall be obliged to inform our customers in writing.
Services only in the country of the place of delivery free of commercial and industrial property rights.
Property rights and copyrights of third parties[in the following: Property Rights] to
produce.
Insofar as a third party is held liable for the infringement of industrial property rights by us
services rendered and used in accordance with the contract against the customer.
claims, we shall be liable to the customer within the period stipulated in §14.
time limit as follows:
[2]
We will, at our discretion and at our expense, pay for the relevant
services either obtain a right of use, modify them in such a way that they do not affect the right of use.
property right is not infringed or replaced. If this is not to us
reasonable terms and conditions, the customer shall be entitled to the statutory
rights of withdrawal or reduction. Compensation for futile expenses
the customer cannot demand.
[3]
Our obligation to pay compensation for damages shall be governed by the following provisions
the legal regulations according to §13.
[4]
Our above-mentioned obligations only exist if and to the extent that the
Customer shall inform us immediately of any claims asserted by the third party.
Defensive measures and settlement negotiations are reserved. Sets
use of the delivery from damage reduction or other reasons.
important reasons, he is obliged to inform the third party accordingly.
to point out that the cessation of use does not constitute acceptance of a
infringement of industrial property rights.
[5]
Claims of the customer are excluded, insofar as he/she is responsible for the
infringement of industrial property rights. Further claims of the customer are
excluded, insofar as the infringement of industrial property rights is caused by special provisions
of the customer, due to an application unforeseeable by us or due to the fact that we are unable to foresee it.
causes the delivery to be changed by the customer or be combined with
products not supplied by us is used.
[6]
Otherwise, the provisions of §12 shall apply accordingly.
[7]
Further or other claims of the customer than those regulated hereunder
against us and our vicarious agents due to a defect of title.
excluded.
Customer information.
§ 13 Liability
[1]
We shall pay damages or reimbursement of futile expenses,
no matter for which legal reason [e. g. from legal transactions or
contractual obligations, material defects and defects of title,
breach of duty and tort] only in case of culpability
on our part and to the following extent:
[a]
Liability for intent and warranty is unlimited.
[b]
In the event of gross negligence, we shall be liable in the amount of the typical and typical liability of the customer.
foreseeable damage.
[c] In other cases, we shall only be liable in the event of injury to a
essential contractual obligation, warranty claims and default, and
compensation for the typical and foreseeable damage. The liability
is limited to twice the agreed remuneration in this respect.
of the order/part of the contract affected by the damage.
Significant contractual obligations[cardinal obligations] are thereby according to the case-law
such obligations, the fulfilment of which requires the proper execution of the contract
only possible at all and to which the contractual partner is obliged to comply.
trust and confidence on a regular basis.
[2]
In case of injury to life, body and health and claims
from the Product Liability Act only the legal regulations apply.
[3]
The objection of contributory negligence remains open to us.
§ 14 Statute of limitations
[1]
The statute of limitations is:
[a]
for claims arising from purchase price repayment and withdrawal or reduction of the purchase price.
Year from delivery of the goods provided, however, that these claims are based on the right to claim, in an undeliverable period of time, duly
defects are not less than the claims of the customer. more than three months from the date on which the effective withdrawal or rescission notice has been given.
declaration of reduction
[b]
in the case of other claims for material defects, one year, starting from the date of delivery
of the goods
[c]
in the case of claims arising from defects of title for one year, the defect of title consists of
a right in rem of a third party on the basis of which the goods
can be demanded, the statutory limitation periods shall apply.
[d]
in the case of other claims for damages or compensation in vain
Expenses for two years, starting from the time when the customer has received from
has become aware of the circumstances giving rise to the claim or has become aware of them without gross negligence.
I had to attain through negligence. The limitation period shall expire at the latest with
expiry of the legal maximum periods[§199 para. 3, para. 4 BGB].
[2]
In case of damages and reimbursement of expenses due to intent, gross negligence,
Warranty, malice and injury to life, limb and health
and for claims arising from the Product Liability Act, however, the following shall always apply
statutory limitation periods.
§ 15 Export
[1]
Our services are principally intended to remain in the area covered by the insurance policy.
agreed delivery country. The re-export of
Contractual products may require the customer's approval. you
are subject in particular to German, European and American laws and regulations.
Export controls and embargo regulations.
The customer shall be responsible for complying with these regulations independently in the case of
competent authorities. We assume no liability of the
Permissible and suitable for export.
[2]
In any case, it is the customer's own responsibility,
necessary approvals from the relevant foreign trade authorities
before he exports such products. Each subsequent delivery of
Contract products by customers to third parties, with or without knowledge of us,
requires the transfer of the export licence conditions at the same time. The
Customer shall be liable for the proper observance of these conditions to us
across the street.
§ 16 Confidentiality, data protection, manufacturer reporting
[1]
The parties to the contract shall undertake to inform all third parties before or at the time of delivery of the goods to which they are entitled performance of the contract by the other contracting party in each case.
items [documents, information, software],
which are legally protected, or are obviously business or trade mark protected.
trade secrets or are marked as confidential,
to treat the customer confidentially even after the end of the contract, unless it has been agreed otherwise,
they are publicly known without breach of confidentiality
or there is no legally protected interest of the
Contractual partner. The contracting parties shall keep and secure them
so that misuse by third parties is excluded.
[2]
The contracting parties shall make the objects of the contract available to the employees and other employees.
accessible to third parties who require access for the performance of their duties.
He shall instruct such persons on the confidentiality of such items.
§ 17 EC - import sales tax
[1]
If the customer has his registered office outside of Germany, he shall be entitled to reside at the
compliance with the regulations of the import sales tax of the European Union.
Union. This includes in particular the announcement of the
value added tax identification number and, if applicable, its change to us without
separate inquiry. The customer is obliged to inform the
necessary information regarding his capacity as an entrepreneur,
regarding the use and transport of the goods supplied, and
with regard to the statistical reporting requirement.
[2]
Furthermore, the customer shall be obliged to inform us of the expenses and costs incurred by us in connection with the delivery of the goods.
us for omitted or deficient information on import sales tax in the future.
[3]
Any liability on our part arising from the consequences of the customer's statements regarding
Import sales tax or the relevant data on this is excluded,
as far as there is no gross negligence or intent on our part.
We are under no obligation to review any such information.
Customer information.
§ 18 Social clause
In determining the amount of any amount to be paid by us
Compensation claims arising from or in connection with this contract are our responsibility.
the economic circumstances, nature, scope and duration of the business activities.
Business relationship, possible causation and/or fault contributions
of the customer and a particularly unfavourable installation situation of the goods
in our favor. In particular, the
compensation, costs and expenses that we are supposed to bear in one go.
reasonable ratio to the value of the component to be supplied.
§ 19 Written form
All changes and additions to the contract must be made in order to become effective.
Written form. The contracting parties shall also comply with this requirement by
Sending documents in text form, in particular by fax or e-mail.
E-mail, unless otherwise provided for in individual declarations.
The written form agreement itself can only be accepted in writing.
be lifted.
§ 20 Choice of law
The laws of the Federal Republic of Germany shall apply.
§ 21 Place of jurisdiction
The place of jurisdiction for all disputes arising from and in connection with this contract is
Bonn, provided that the customer is a merchant, a legal entity of the public authority
or a special fund under public law, or if he or she is the owner of a special fund
is on an equal footing with such a person or, if he or she has his or her registered office or his
branch abroad. We are also available for taking legal action at the registered office of the
customer as well as at any other admissible place of jurisdiction.
§ 22 Severability clause
Should a provision of this GTC be or become ineffective or should it become or become ineffective, this shall not apply to any provision of this GTC.
ALB is incomplete, the validity of the remaining provisions remains unaffected.
untouched by this. The parties to the contract shall accept the invalid provision
by such a provision, which is in accordance with the sense and purpose of the
ineffective provision in a legally effective manner.
The same applies to gaps in the contract.
Last update: 06/2009