GTC

General Terms and Conditions of Sale and Service of euroTECH Handling GmbH (GTC)
Status: May 2023

1. scope of application
1.1 Our GTC shall apply exclusively and without further express reference also to all future deliveries of goods and services that we provide to the customer. We do not recognize any conflicting or deviating terms and conditions of the customer unless we have expressly agreed to their validity in writing. This shall also apply if we carry out the delivery without reservation in the knowledge of conflicting or deviating terms and conditions of the customer.
1.2. These Terms and Conditions of Sale and Performance shall also apply to all our future deliveries to the customer within the framework of an ongoing business relationship, without us having to refer to the application of these Terms and Conditions of Sale and Performance in each individual case.
1.3. Our GTC shall only apply to entrepreneurs, legal entities under public law and special funds under public law within the meaning of Section 310 (1) of the German Civil Code (BGB).

2 Offer and conclusion of contract
2.1 Our offers are subject to change without notice, unless the term "binding" is expressly attached. Our offers can only be accepted by the customer within 30 days of receipt. The contract is concluded either by our express acceptance of the order, by order confirmation or by delivery of the goods.
2.2. The customer agrees that we may obtain information about his creditworthiness and financial circumstances. In the event of negative information, we reserve the right to deliver the goods only against advance payment. If the purchase price is to be financed by a third party, we may also request proof of financing before delivery.
2.3. Illustrations, descriptions, dimensions and quantities in catalogs and brochures are only binding if this has been agreed with the customer in writing in advance. The quality of the service to be provided by us shall be based exclusively on the written contractual documents. We reserve the right to make changes in design and material, provided these are not of a fundamental nature and the contractual purpose of the delivery for the customer is not restricted.
2.4. If the customer wishes to change the contractually agreed scope of the services to be provided by us, he must express this change request to us in writing. The customer shall bear the costs for the resulting expenses (e.g. preparation of a change proposal, downtimes, etc.) insofar as we comply with his change request.

3. information obligations of the customer
3.1 If the customer's data (in particular name, address, e-mail address) changes before the service is provided, the customer must inform us immediately. If the customer fails to provide this information or provides incorrect data from the outset, we are entitled to demand reimbursement of any costs incurred by us due to the incorrect and/or incomplete information.
3.2. The customer must ensure that the e-mail account provided by him is accessible.

4. quantities and dimensions, obligations to cooperate
4.1 Upon conclusion of the contract, the customer confirms that all quantities and dimensions in his orders are based on the information he has checked.
4.2 If deviations from the customer's specifications subsequently emerge, any additional costs incurred as a result shall be borne by the customer. The same shall apply if additional costs are incurred during technical installation and/or assembly. Unforeseen additional parts arising in the course of assembly shall be invoiced separately.
4.3. If the customer wishes to change the contractually agreed scope of the services to be provided by us, he must inform us of this in writing. If we comply with the change request, the customer shall bear the resulting costs. This includes in particular the examination of the change request, the preparation of a change proposal and any downtimes.
4.4. The customer is responsible for ensuring that the necessary connections for installation are available. Any necessary installation work (in particular the laying of pipes for water supply and drainage, air, electricity and gas) is not part of our scope of services. The costs of any delay caused by the lack of connection and/or installation options shall be borne by the customer. In the case of installation services to be provided by us, the customer must ensure that his premises are completed in good time and that we have unhindered access and access is possible. If this is not the case, any delays shall be the responsibility of the customer. We are only obliged to start the installation work when all other tradesmen have completed their work and no further disruptions are to be expected.
4.5. The customer shall appoint a technically competent contact person who is available to us for necessary information and who can make or immediately bring about the decisions necessary for the execution of the order.
4.6. The customer shall create all conditions to enable proper execution of the order. In particular, the customer shall ensure that all necessary cooperation on its part or on the part of its vicarious agents is provided in good time, to the required extent and free of charge for us.
4.7. If the execution of the order requires the modification or addition of software of the customer, the customer shall provide a responsible, qualified employee of its company to carry out the modification.
4.8. If the operation of a machine of the customer is required for the execution of the order, the customer shall provide responsible, qualified operating personnel of its company.
4.9. The customer shall provide us with the customer-specific documents and other necessary internal information required for the execution of the order, even without a special request.
4.10. The customer shall be liable for delays or errors in the execution of the order if these result from performance data submitted by him, incorrect or incomplete information or other circumstances for which he is responsible.

5. prices
5.1 Unless otherwise agreed, our prices are "ex works" excluding packaging and shipping costs and, if applicable, customs duties; these will be invoiced separately.
5.2 Our prices are based on the price list valid at the time of the order, unless otherwise agreed with the customer. The statutory value added tax is not included in the prices quoted by us; it will be shown separately in the invoice at the statutory rate on the day of invoicing.
5.2. If the price has increased at the time of performance of the service due to a change in the market price or due to an increase in the prices charged by third parties involved in the performance of the service, the higher price shall apply. If this is 20% or more above the agreed price, the customer has the right to withdraw from the contract. This right must be asserted by the customer immediately after notification of the increased price.
5.6. Unless otherwise agreed in writing with the customer, the prices do not include installation, assembly (e.g. at connections) and commissioning and are to be paid for separately, whereby the travel times of our employees to and from the site are also deemed to be working times to be paid for by the customer.
5.7. if we carry out repairs or other services commissioned by the customer which are not covered by our warranty obligation, our work shall be remunerated in accordance with the above paragraph.
5.8. for the delivery of updates and upgrades of software programs, the customer shall be invoiced separately for the surcharges and prices valid at the time of ordering the updates and upgrades in accordance with the price lists valid at that time.

6 Terms of payment
6.1 Unless otherwise agreed in writing, all invoiced amounts shall be due for payment without deduction immediately upon receipt of the invoice by the customer. The same applies to agreed cost advances and/or payments on account. In the case of purchase contracts, we can always insist on concurrent performance, i.e. make delivery dependent on the simultaneous receipt of payment. In the case of contracts for work and services, we shall only be obliged to make advance payments if the customer submits suitable documents to us which show that financing is secured.
6.2. The customer is advised that if payment is not made on time after the due date and receipt of the invoice, he shall be in default of payment by law after 30 days, or earlier by means of a reminder. In such cases, we are entitled to demand default interest of at least 9 percentage points above the base interest rate. We reserve the right to claim higher damages for default. We shall be entitled to charge reminder fees of EUR 10.00 per letter for each reminder required; however, the customer shall be entitled to prove that we have incurred less or no expense as a result of the reminder.
6.3. In the event of payment arrears, we shall be entitled to make further deliveries and services dependent on the full settlement of our outstanding claims.
6.4. If payments between us and the customer are processed by means of a SEPA direct debit scheme, we shall issue the pre-notification no later than three days before the respective debit date. If the debit date falls on a Saturday, Sunday or public holiday, the debit shall be executed on the next bank working day (target day).

7 Delivery time, deadlines, partial deliveries
7.1 Binding delivery times require our written confirmation, which can also be issued by fax or e-mail. The agreed delivery times and deadlines shall commence on the day of our confirmation of the order and shall be understood to apply to the time of delivery ex works in the case of purchase contracts and to the time of completion in the case of contracts for work and services. The commencement of the specified time period is subject to the clarification of all technical questions, the timely fulfillment of the customer's obligations and the availability of the documents and approvals to be provided by the customer. Any changes to the design requested by the customer after conclusion of the contract shall extend the delivery periods and deadlines accordingly. We reserve the right to plead non-performance of the contract.
7.2. Unforeseen events for which we are not responsible (in particular strikes, force majeure and late delivery by our own suppliers) shall extend the agreed delivery periods and dates for the duration of the delay plus a reasonable start-up period. The customer must be informed of these circumstances immediately; if the delay lasts longer than three months, the customer is entitled to withdraw from the contract after setting a reasonable grace period, insofar as the contract has not yet been fulfilled. We are also entitled to this right, whereby the setting of a grace period is not necessary in this case.
7.3. If we are released from our obligation to perform in accordance with the above paragraph or if the delivery period or the agreed release date is extended, the customer shall not be entitled to any claims for damages.
7.4 Unless otherwise contractually agreed, partial deliveries by us are just as permissible as deliveries before the expiry of the agreed delivery period.
7.5 Call-off orders agreed with the customer must be processed by the customer within twelve months at the latest, unless otherwise agreed. If this is not done, we shall be entitled to pass on to the customer any price increases that have occurred in the meantime.
7.6. If the customer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. Further claims or rights are reserved. The risk of accidental loss or accidental deterioration of the goods shall pass to the customer at the time at which the customer is in default of acceptance or debtor's delay.
7.7. We shall be liable in accordance with the statutory provisions insofar as the underlying contract is a fixed-date transaction within the meaning of Section 286 (2) No. 4 BGB or Section 376 HGB. We shall also be liable in accordance with the statutory provisions if, as a result of a delay in delivery for which we are responsible, the customer is entitled to assert that his interest in the further performance of the contract has ceased to exist.
7.8. We shall also be liable in accordance with the statutory provisions if the delay in delivery is due to an intentional or grossly negligent breach of contract for which we are responsible; fault on the part of our representatives or vicarious agents shall be attributed to us. If the delay in delivery is due to a grossly negligent breach of contract for which we are responsible, our liability for damages shall be limited to the foreseeable, typically occurring damage.
7.9. We shall also be liable in accordance with the statutory provisions if the delay in delivery for which we are responsible is due to the culpable breach of a material contractual obligation; in this case, however, our liability for damages shall be limited to the foreseeable, typically occurring damage. Material contractual obligations are those which arise from the nature of the respective contract and the breach of which jeopardizes the achievement of the purpose of the contract.
7.10. Otherwise, in the event of a delay in delivery, we shall be liable for each completed week of delay within the scope of a lump-sum compensation for delay in the amount of 3% of the delivery value, but not more than 15% of the delivery value.

8. transfer of risk
8.1 Unless otherwise stated in the order confirmation, delivery "ex works" is agreed. In all cases - including the risk of confiscation - the risk shall pass to the customer when the delivery item is handed over to the carrier, even in the case of carriage paid delivery. This shall also apply if we transport the goods ourselves. If dispatch is delayed for reasons within the customer's sphere of responsibility, the risk shall pass to the customer upon notification of readiness for dispatch.
8.2 Unless otherwise agreed, we shall determine the type and manner of packaging and dispatch. If the customer so requests in writing, we shall cover the delivery with transport insurance at the customer's expense.
8.3. In the case of work services, the risk shall pass to the customer upon acceptance by the customer. The customer must appoint a person authorized to carry out acceptance for the installation date if he is not present in person. If the customer does not comply with this obligation to cooperate, the risk shall pass to the customer when the installation takes place, without the need for a declaration of acceptance.

9. retention of title
9.1. the goods shall remain our property until all claims to which we are entitled from the business relationship with the customer have been satisfied. If the customer acts in breach of contract, in particular in the event of default of payment, we shall be entitled to take back the goods, which shall be deemed to be a withdrawal from the contract.
9.2. In the event of seizure or other interventions by third parties, the customer must notify us immediately in writing so that we can file third-party proceedings in accordance with § 771 ZPO (German Code of Civil Procedure).
9.3 The customer may only resell the reserved goods in the ordinary course of business and as long as he is not in default vis-à-vis us; however, he hereby assigns to us all claims in the amount of the final invoice amount (plus VAT) which accrue to him from the resale against his customers or third parties, irrespective of whether the goods have been resold without or after processing. The customer shall remain authorized to collect this claim even after the assignment. Our authorization to collect the claim ourselves remains unaffected by this. However, we undertake not to do so as long as the customer meets his payment obligations from the proceeds received, is not in default of payment and no application for the opening of insolvency proceedings has been filed or payments have been suspended. If this is the case, however, we may demand that the customer informs us of the assigned claims and the debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment.
9.4. The processing or transformation of the goods by the customer is always carried out for us. If the goods are processed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the goods (final invoice amount plus VAT) to the other processed items at the time of processing. In all other respects, the same shall apply to the item created by processing as to the goods delivered under reservation of title.
9.5. If the goods are inseparably mixed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the goods to the other mixed items at the time of mixing. If the mixing takes place in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer shall transfer co-ownership to us on a pro rata basis. The customer shall keep the resulting sole ownership or co-ownership for us.
9.6. To secure our claims against him, the customer shall also assign to us the claims which accrue to him against a third party through the combination of the reserved goods with a property.
9.7. We undertake to release the securities to which we are entitled at the customer's request insofar as the realizable value of our security exceeds the claims to be secured by more than 10%; we shall be responsible for selecting the securities to be released.

10. liability for defects, damages
10.1. claims for defects by the customer presuppose that the customer has properly fulfilled his obligations to inspect and give notice of defects in accordance with § 377 HGB.
10.2. we do not provide any warranty for used goods, unless we are liable in accordance with the following sections 10.4 to 10.6. in the case of new goods, the customer is initially limited to claiming subsequent performance in the event of a material defect, whereby we reserve the right to choose the type of subsequent performance. If subsequent performance fails, the customer has the right to reduce the price or, if a construction service is not the subject of the liability for defects, to withdraw from the contract at his discretion.
10.3. We are entitled to refuse subsequent performance if it is only associated with disproportionate costs for us. Instead of subsequent performance, the buyer may then demand a reduction of the agreed price or rescission of the contract (the latter, however, only if the subject of the liability for defects is not a construction service).
10.4. We shall be liable in accordance with the statutory provisions if the customer asserts claims for damages based on intent or gross negligence on our part, on the part of our representatives or vicarious agents. Insofar as there is no intentional breach of contract, liability for damages shall be limited to the foreseeable, typically occurring damage.
10.5. We shall be liable in accordance with the statutory provisions if we, our representatives or vicarious agents culpably breach a material contractual obligation; in this case, however, liability for damages shall also be limited to the foreseeable, typically occurring damage. Essential contractual obligations are those that arise from the nature of the respective contract and whose breach jeopardizes the achievement of the purpose of the contract.
10.6. Liability for culpable injury to life, limb or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.
10.7. Unless otherwise stipulated above, liability is excluded.
10.8. The limitation period for claims for defects is 12 months, calculated from the transfer of risk. The statutory limitation period in the case of a delivery recourse according to §§ 445a, 445b, 478 BGB and in the cases of §§ 438 Para. (1) No. 2, 634a Para. (1) No. 2 BGB remains unaffected. This also applies in the cases of the above sections 10.4. to 10.6.
10.9. Any further liability for damages than provided for in the above paragraphs is excluded, regardless of the legal nature of the claim asserted. This applies in particular to claims for damages arising from culpa in contrahendo, other breaches of duty or tortious claims for compensation for property damage pursuant to Section 823 BGB. This limitation shall also apply if the customer demands compensation for useless expenses instead of a claim for damages. Insofar as our liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of our employees, representatives and vicarious agents.
10.10. The warranty does not cover normal wear and tear of the delivered goods, in particular wear parts. Furthermore, we are not liable for malfunctions that are attributable to improper use, inadequate maintenance or operating errors on the part of the customer.
10.11. The above paragraphs do not cover damage caused by delay, which is regulated more specifically in Clauses 7.7. to 7.10.

11. software, liability for data loss
11.1. if we are liable for damages in accordance with clause 10 above, our liability for data loss shall be limited to the typical recovery costs that would have been incurred if regular and complete backup copies of all data, structures and programs had been made.
11.2. if our scope of services includes the use of third-party software products, the customer hereby acknowledges the terms of use/license conditions of the rights holder to this software. These will be made available to him by us on request. We are not responsible for malfunctions that are related to or associated with the operating system environments and configurations installed at the customer's premises. Our liability is also excluded in the event of non-compatibility of the software program with the customer's hardware and/or software, unless we have provided consulting services in this regard in accordance with a written agreement.
11.3. Our IT services (e.g. software installations, updates, etc.) shall be invoiced to the customer at the hourly rate of an IT technician, unless otherwise agreed.

12. assignment, set-off, retention
12.1. The customer is not entitled to assign claims or rights against us arising from the business relationship to third parties or to transfer them to third parties without our consent. The same shall apply to claims and rights arising directly against us by operation of law.
12.2. The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by us.
12.3. The customer shall only be entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.

13. subcontracting to third parties
13.1. We are also entitled to subcontract the order or parts of the order to third parties without the customer's prior consent.
13.2. In such cases, we shall be liable for the third party as for our own vicarious agent.

14 Confidentiality, data protection
14.1 All business or technical information made accessible by us (including features that can be taken from any objects, documents or software handed over and other knowledge or experience) that is marked as confidential or is to be regarded as confidential from the circumstances, in particular information about operational processes, business relationships and know-how (hereinafter: "confidential information"), must be kept secret from third parties as long as and insofar as it is not demonstrably publicly known or has not been designated by us for disclosure by the customer, even after termination of the contract. They may only be made available in the customer's own company to those persons who must necessarily be involved for their use and who are also obliged to maintain confidentiality; they shall remain our exclusive property. Such information may not be reproduced or used commercially without our prior written consent. The customer shall inform us immediately if it becomes aware that information has been passed on in breach of this agreement. At our request, all confidential information originating from us (including any copies or records made) and items provided on loan which are not part of the deliveries or are necessary for the use of the deliveries must be returned to us immediately and in full or destroyed or deleted.
14.2 We reserve all rights to the information referred to in clause 14.1 (including copyrights and the right to apply for industrial property rights, such as patents, utility models). Insofar as these have been made available to us by third parties, this reservation of rights also applies in favor of these third parties.
14.3 Insofar as personal data is processed, we observe the statutory provisions on data protection. In this case, the details of the data collected and their respective processing are set out in a data protection declaration provided by us or in a separate data processing agreement. We are entitled to store, use, transfer and/or exploit all information provided and generated by the customer, with the exception of personal or company-related data, beyond the purpose of the contract for any purpose such as statistical, analytical and internal purposes. This right is unlimited and irrevocable.

15. place of performance, place of jurisdiction, applicable law
15.1. place of performance and place of jurisdiction for disputes with merchants, legal entities under public law or special funds under public law is the registered office of our company. In addition, we are also entitled to sue the customer at his registered office.
15.2. The law of the Federal Republic of Germany shall apply; the application of the UN Convention on Contracts for the International Sale of Goods is excluded.
15.3. Should one of the above provisions be or become invalid, the validity of the other provisions shall remain unaffected. 

euroTECH Handling GmbH

 

AEB

General Terms and Conditions of Purchase
of euroTECH Handling GmbH

§ 1 Scope of application

(1) Our GTC shall apply to the purchase of goods and the commissioning of services in accordance with the contract concluded between us and the supplier.
(2) Our GTC shall apply exclusively and without further express reference also to all future orders placed with the supplier. We do not recognize any deviating terms and conditions of the supplier unless we have expressly agreed to their validity in writing. Our GTC shall also apply if we accept the service without reservation in the knowledge that the supplier's terms and conditions conflict with or deviate from our terms and conditions.
(3) Our GTC shall only apply to entrepreneurs, legal entities under public law or special funds under public law within the meaning of Section 310 (1) of the German Civil Code (BGB).

§ 2 Order and offer documents

(1) If we submit an offer with our order, this can only be accepted within two weeks of receipt. Orders placed verbally shall only become effective upon our written confirmation. If the supplier issues an order confirmation, he must state our order number on it.
(2) We reserve all property rights and copyrights to illustrations, drawings and other documents; they may not be made accessible to third parties without our express written consent. After completion of the order, they must be returned to us without request.

§ 3 Prices and terms of payment

(1) The price stated in our order is binding. Unless otherwise agreed in writing, this shall include delivery "free domicile" and packaging. The supplier shall be obliged to take back the packaging if we so request.
(2) All prices are net prices plus the statutory value added tax. We can only process invoices if they state the order number shown in our order in accordance with the specifications; the supplier shall be responsible for all consequences arising from non-compliance with this obligation.
(3) Unless otherwise agreed in writing, we shall pay the amount within
14 days, calculated from delivery and receipt of invoice, with a 2% discount or net within 30 days of receipt of invoice. 

§ 4 Assignment, retention, offsetting

(1) We shall be entitled to rights of set-off and retention to the extent permitted by law.
(2) Claims against us may only be assigned to third parties with our written consent. The same shall apply with regard to a judicial assertion by third parties in the form of an arbitrary representative action. 

§ 5 Delivery time

(1) The delivery time specified by us shall be binding; any deadlines shall commence upon receipt of the order by the supplier.
(2) The supplier shall inform us immediately in writing if he is unable to meet the agreed delivery date, whereby our rights due to delay in performance shall remain unaffected by this obligation to provide information.
(3) If the supplier is in default with the delivery, he shall pay 0.1% for each working day of the delay, up to a maximum of 10% of the order amount as a contractual penalty. The assertion of statutory claims due to delay in performance shall remain unaffected.

§ 6 Transfer of risk

(1) In the case of purchase contracts, the risk shall only pass to us upon receipt of the goods by us.
(2) In the case of contracts for work and services, the risk shall pass to us after express acceptance in the form of an acceptance protocol.

§ 7 Condition and quality of the goods

(1) The Supplier warrants that its goods comply with the relevant laws, regulations and DIN standards. If necessary, the goods must bear a CE marking and be CE-compliant as well as REACH and RoHS-compliant.
(2) The supplier warrants that the goods comply with the specifications in our orders (including any drawings).
(3) The supplier shall maintain a quality assurance system which includes in particular the maintenance of current quality standards, regular quality inspections and an outgoing goods inspection. The supplier shall prepare records of this and hand them over to us on request.

§ 8 Liability of the supplier for defects

(1) We shall be entitled to the statutory claims for defects in full. In particular, we are entitled, at our discretion, to demand that the supplier rectify the defect or deliver a new item. We expressly reserve the right to claim damages, including damages in lieu of performance, for any degree of fault in the full amount in accordance with the statutory provisions.
(2) The limitation period for claims for defects shall be three years, unless longer statutory periods are applicable. It begins with the transfer of risk.

§ 9 Liability of the supplier for damages

(1) The supplier shall be liable to us for any damage caused by it or its vicarious agents in full and for any degree of fault in accordance with the statutory provisions.
(2) The supplier shall bear the risk of damage in transit.
(3) If we are held liable by third parties for product liability, the supplier shall indemnify us against third-party claims (including the costs of any necessary recall action) and compensate us for all damages and expenses if the supplier is responsible for the cause giving rise to liability.
(4) The limitation period for our claims for damages shall be governed exclusively by the statutory provisions.

§ 10 Industrial property rights

(1) The supplier warrants that no third-party rights are infringed in connection with his delivery.
(2) If claims are asserted against us by third parties for this reason, the supplier shall be obliged to indemnify us against claims of the third party upon first written request.
(3) We shall be entitled to any industrial property rights arising in the course of the execution of the order. If, due to mandatory statutory provisions, these should exceptionally arise with the supplier, the supplier shall allow us to use them free of charge, non-exclusively and for an unlimited period of time.

§ 11 Ownership of objects

(1) All items, such as tools, presentation items, samples, drawings, data carriers or models, which have been handed over to the supplier shall remain our property. The supplier undertakes to maintain strict confidentiality in this respect and to return them immediately if we so request. The passing on to third parties or the use for own purposes (with the exception of the provision of services for us) is not permitted.
(2) The same applies to objects that were manufactured in whole or in part at our expense (e.g. molds, tools, devices). These shall become our property without direct acquisition of possession upon production at the supplier's premises. Changes to these may only be made with our written consent. The supplier shall be liable within the framework of the existing ownership transfer relationship in the event of any damage and/or loss in accordance with the statutory provisions.

§ 12 Software

(1) Unless otherwise agreed in individual contracts, the supplier shall grant us ownership of software products and the associated documentation and unlimited rights of use free of charge. In particular, the source code shall also be transferred to us. We are entitled to pass on the software to our customers.
(2) We may make copies of the software for the purpose of data backup.

§ 13 Form of declarations

(1) Legally relevant declarations and notifications which the supplier must make to us must be made in writing.
(2) This shall also apply to legally relevant declarations and notifications which the supplier has to make to third parties if they are in connection with the contractual relationship between us and the supplier.

§ 14 Compliance, ETI Base Code, conflict materials, Supply Chain Act

(1) As part of the cooperation with us, the Supplier shall ensure that it complies with all applicable laws and regulations, including all anti-corruption regulations.
(2) Furthermore, the supplier guarantees compliance with the minimum standards of the "ETI Base Code" of the Ethical Trading Initiative.
(3) The supplier guarantees not to use any raw materials and minerals that originate from illegal mining in conflict areas (prohibition of "conflict materials").
(4) The Supplier further undertakes to comply with the provisions of the German Supply Chain Duty of Care Act ("Supply Chain Act"). The aim of this law is to improve the protection of human rights and the environment in global supply chains.

§ 14 Confidentiality, data protection

(1) All business or technical information made available to the Supplier (including features that can be taken from any objects, documents or software handed over and other knowledge or experience) that is marked as confidential or is to be regarded as confidential due to the circumstances, in particular information about operational processes, business relationships and know-how (hereinafter: "Confidential Information"), shall be kept secret from third parties as long as and insofar as it is not demonstrably publicly known or has been designated by us for disclosure by the Supplier, even after termination of the contract. They may only be made available in the supplier's own company to those persons who must necessarily be involved for their use and who are also obliged to maintain confidentiality; they shall remain our exclusive property. Such information may not be reproduced or used commercially without our prior written consent. The supplier shall inform us immediately if it becomes aware that information has been disclosed in breach of this agreement. At our request, all confidential information originating from us (including any copies or records made) and items provided on loan which are not part of the supplies or required for the use of the supplies shall be returned to us immediately and in full or destroyed or deleted.

(2) The Supplier shall comply with the statutory provisions on data protection. 

§ 15 Place of performance, place of jurisdiction, applicable law

(1) The place of performance and place of jurisdiction for disputes with merchants, legal entities under public law or special funds under public law shall be our registered office. In addition, we are also entitled to sue the supplier at its registered office.
(2) The law of the Federal Republic of Germany shall apply; the application of the UN Convention on Contracts for the International Sale of Goods is excluded.
(3) Should any of the above provisions be or become invalid, this shall not affect the validity of the other provisions. 

 

Design & realization

die wollwinderei gmbh
Manuel Wollwinder
Berliner Straße 24
72458 Albstadt
hello@wollwinderei.de
www.die-wollwinderei.de