General Terms and Conditions of Sale and Service of euroTECH Handling GmbH (GTC)
Status: May 2023
1. Scope
1.1. Our general terms and conditions apply exclusively and without further express reference to all future deliveries of goods and services that we provide to the customer. We do not recognize conflicting or deviating conditions of the customer unless we have expressly agreed to their validity in writing. This also applies if we carry out the delivery without reservation despite knowing that the customer has conflicting or deviating conditions.
1.2. These terms and conditions of sale and service also apply to all our future deliveries to the customer within the framework of an ongoing business relationship, without us having to point out the application of these terms and conditions of sale and service in each individual case.
1.3. Our general terms and conditions only apply to entrepreneurs, legal entities under public law and special funds under public law within the meaning of Section 310 Paragraph (1) of the German Civil Code (BGB).
2. Offer and conclusion of contract
2.1. Our offers are non-binding unless expressly stated as "binding". 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 only deliver the goods against advance payment. If financing of the purchase price by third parties is planned, we can 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 beforehand. The quality of the service to be provided by us is based exclusively on the written contractual documents. We reserve the right to make changes to the design and material, provided that these are not of a fundamental nature and the contractual purpose of the delivery is not restricted for the customer.
2.4. If the customer wishes to change the contractually agreed scope of the services to be provided by us, he must notify us of this change request in writing. The customer must bear the costs for the resulting effort (e.g. preparation of a change proposal, downtime, etc.) to the extent that we comply with his request for change.
3. Customer's obligation to provide information
3.1. If the customer's data (in particular name, address, email address) changes before the service is provided, he 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 due to the incorrect and/or incomplete information.
3.2. The customer must ensure that the email account he has provided is accessible.
4. Quantity and dimensions, duty to cooperate
4.1. When the contract is concluded, 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 information are subsequently discovered, any additional costs resulting from this will be borne by the customer. The same applies if additional costs arise during technical installation and/or assembly. Additional parts that arise unforeseen during assembly will be invoiced separately.
4.3. If the customer wants to change the contractually agreed scope of the services to be provided by us, he must notify us of this in writing. If we comply with the request for change, he must bear the costs incurred as a result. This includes in particular checking the change request, preparing a change proposal and any downtime.
4.4. It is the customer's responsibility to ensure that the necessary connections for assembly are available. Any necessary installation work (in particular the laying of the water supply and drainage pipes, air, electricity and gas) is not part of our scope of services. The costs of any delay caused by a lack of connection and/or installation options are to be borne by the customer. For assembly services to be provided by us, the customer must ensure that his premises are completed on time and that we have unhindered access. If this is not the case, any delays are the responsibility of the customer. We are only obliged to start the assembly services when all other tradesmen have completed their work and no further disruptions are to be expected.
4.5. The customer will name a technically competent contact person who is available to us for the necessary information and who can make the decisions necessary for the execution of the order or bring them about immediately.
4.6. The customer creates all the conditions to enable the order to be carried out properly. In particular, the customer will ensure that all necessary cooperation on his part or on the part of his vicarious agents is provided on 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 the customer's software, the customer must provide a responsible, qualified employee of his company to carry out the modification.
4.8. If the operation of a machine belonging to the customer is necessary for the execution of the order, the customer must provide responsible, qualified operating personnel from his company.
4.9. The customer must provide us with the customer-specific documents and other necessary internal company information required for the execution, even without a special request.
4.10. The customer is 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 another agreement has been made with the customer. The statutory sales tax is not included in the prices we quote; it will be shown separately in the invoice at the statutory rate on the day of invoicing.
5.3. If the price has increased at the time of service provision due to a change in the market price or due to an increase in the prices charged by third parties involved in the service provision, the higher price applies. 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.
5.4. Unless otherwise agreed in writing with the customer, the prices do not include installation, assembly (e.g. of connections) and commissioning and are to be paid for separately, whereby the travel times of our employees to and from the site are also considered working hours to be paid for by the customer.
5.5. If we carry out repairs or other services commissioned by the customer that are not covered by our warranty obligation, our work must be paid for in accordance with the above paragraph.
5.6. For the delivery of updates and upgrades to software programs, the customer will be invoiced separately for the surcharges and prices applicable at the time the updates and upgrades are ordered in accordance with the price lists valid at the time.
6. Terms of payment
6.1. Unless otherwise agreed in writing, all invoiced amounts are due for payment without deductions immediately upon receipt of the invoice by the customer. The same applies to agreed advance payments and/or installment payments. In the case of purchase contracts, we can always insist on payment in advance, i.e. make delivery dependent on simultaneous receipt of payment. In the case of work contracts, we are only obliged to make advance payments if the customer provides us with suitable documents showing 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 will 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 are entitled to charge reminder fees of EUR 10.00 per letter for each reminder required; however, the customer is permitted to provide evidence that the reminder has resulted in less or no expense for us.
6.3. In the event of arrears, we are 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 using a SEPA direct debit procedure, we will issue the pre-notification at least three days before the respective debit date. If the debit date falls on a Saturday, Sunday or public holiday, the debit will be carried out on the next banking day (target day).
7. Delivery time, deadlines, partial deliveries
7.1. Binding delivery times require our written confirmation, which can also be given by fax or email. The agreed delivery times and dates begin on the day we confirm the order and are understood to be the time of delivery ex works for sales contracts and the time of completion for work contracts. The start of the specified period requires that all technical questions have been clarified, that the customer's obligations have been fulfilled on time and that the documents and approvals to be provided by the customer have been submitted. Any changes in the execution requested by the customer after the contract has been concluded extend the delivery times and dates accordingly. We reserve the right to raise the objection of non-fulfillment of the contract.
7.2. Unforeseen events for which we are not responsible (in particular strikes, force majeure and failure to deliver to us on time) extend the agreed delivery times and dates for the duration of the delay plus a reasonable start-up time. 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, provided that the contract has not yet been fulfilled. We are also entitled to this right, although setting 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 has no claims for damages.
7.4. Unless otherwise agreed in the contract, partial deliveries by us are just as permissible as deliveries before the expiry of the agreed delivery period.
7.5. Unless otherwise agreed, call-off orders agreed with the customer must be processed by the customer within twelve months at the latest by means of call-offs. If this does not happen, we are entitled to pass on any price increases that have occurred in the meantime to the customer.
7.6. If the customer defaults on acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage we incur in this respect, including any additional expenses. Further claims or rights remain reserved. The risk of accidental loss or accidental deterioration of the goods passes to the customer at the time at which the customer is in default of acceptance or payment.
7.7. We are liable in accordance with the statutory provisions if the underlying contract is a fixed-term transaction within the meaning of Section 286 Paragraph (2) No. 4 of the German Civil Code (BGB) or Section 376 of the German Commercial Code (HGB). We are also 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 further contract fulfillment has ceased.
7.8. We are also 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; any fault on the part of our representatives or vicarious agents is attributable 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 is limited to the foreseeable, typically occurring damage.
7.9. We are also liable in accordance with the statutory provisions if the delay in delivery for which we are responsible is based on the culpable breach of a material contractual obligation; in this case, however, liability for damages is limited to the foreseeable, typically occurring damage. Material contractual obligations are those that arise from the nature of the respective contract and whose breach endangers the achievement of the purpose of the contract.
7.10. In addition, in the event of a delay in delivery, we are liable for each completed week of delay within the framework of a flat-rate compensation for delay amounting to 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 is agreed “ex works”. In all cases – including the risk of confiscation – the risk is transferred to the customer when the delivery item is handed over to the transport person, even in the case of freight-free delivery. This also applies if we transport the goods ourselves. If dispatch is delayed for reasons within the customer’s sphere of influence, the risk is transferred to the customer when we notify them that the goods are ready for dispatch.
8.2. Unless otherwise agreed, we determine the type and method of packaging and shipping. If the customer requests this in writing, we will cover the delivery with transport insurance at their own expense.
8.3. In the case of work, the risk is transferred to the customer upon acceptance by the customer. The customer must appoint a person authorized to accept the goods on the installation date if they will not be present in person. If the customer fails to comply with this obligation to cooperate, the risk shall pass to him upon installation without the need for a declaration of acceptance.
9. Retention of title
9.1. The goods remain our property until all claims to which we are entitled from the business relationship with the customer have been fulfilled. If the customer acts in breach of contract, in particular if payment is delayed, we are entitled to take back the goods, which is to be seen as a withdrawal from the contract.
9.2. In the event of seizures or other interventions by third parties, the customer must notify us immediately in writing so that we can file a third-party objection in accordance with Section 771 of the 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 with us; however, he hereby assigns to us all claims in the amount of the final invoice amount (plus VAT) that arise from the resale against his customers or third parties, regardless of whether the goods were resold without or after processing. The customer remains authorized to collect this claim even after the assignment. Our authority to collect the claim ourselves remains unaffected by this. However, we undertake not to do this as long as the customer meets his payment obligations from the proceeds received, does not default on payment and no application for the opening of insolvency proceedings has been filed or payment has been suspended. However, if this is the case, we can demand that the customer inform us of the assigned claims and the debtors, provide all information required for collection, hand over the relevant documents and inform 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 that do not belong to us, we acquire joint ownership of the new item in proportion to the value of the goods (final invoice amount plus VAT) to the other processed items at the time of processing. The same applies to the item created through processing as to the goods delivered subject to reservation.
9.5. If the goods are inseparably mixed with other items that do not belong to us, we acquire joint ownership of the new item in proportion to 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 transfers proportionate joint ownership to us. The customer shall keep the sole ownership or joint ownership created in this way for us.
9.6. To secure our claims against him, the customer also assigns to us the claims that he has against a third party as a result of the combination of the reserved goods with real estate.
9.7. We undertake to release the securities to which we are entitled at the customer's request to the extent that the realizable value of our security exceeds the claims to be secured by more than 10%; the selection of the securities to be released is our responsibility.
10. Liability for defects, compensation
10.1. The customer's claims for defects require that the customer has properly fulfilled his inspection and complaint obligations under Section 377 of the German Commercial Code (HGB).
10.2. We do not provide a warranty for used goods unless we are liable in accordance with the following sections 10.4 to 10.6. In the case of new items, 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 liability for defects, to withdraw from the contract at his discretion.
10.3. We are entitled to refuse subsequent performance if it would only entail disproportionate costs for us. Instead of subsequent performance, the buyer can then demand a reduction in the agreed price or cancellation of the contract (the latter, however, only if the liability for defects does not cover construction work).
10.4. We are liable in accordance with the statutory provisions if the customer asserts claims for damages based on intent or gross negligence on the part of us, our representatives or vicarious agents. If there is no intentional breach of contract, liability for damages is limited to the foreseeable, typically occurring damage.
10.5. We are liable in accordance with the statutory provisions if we, our representatives or vicarious agents culpably violate an essential contractual obligation; even in this case, liability for damages is limited to the foreseeable, typically occurring damage. Essential contractual obligations are those that arise from the nature of the respective contract and whose violation endangers the achievement of the purpose of the contract.
10.6. Liability for culpable injury to life, body or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.
10.7. Unless otherwise provided 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 event of delivery recourse under Sections 445a, 445b, 478 BGB and in the cases of Sections 438 Para. (1) No. 2, 634a Para. (1) No. 2 BGB remains unaffected. This also applies in the cases of the above points 10.4 to 10.6.
10.9. Any liability for damages beyond that provided for in the above paragraphs is excluded - regardless of the legal nature of the asserted claim. This applies in particular to claims for damages arising from negligence when concluding the contract, other breaches of duty or tortious claims for compensation for property damage in accordance with Section 823 of the German Civil Code (BGB). This limitation also applies if the customer demands compensation for useless expenditure instead of a claim for compensation for damages or performance. If liability for damages is excluded or limited towards us, this also applies 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 the wearing parts. In addition, we are not liable for malfunctions that are due to improper use, inadequate maintenance or operating errors by the customer.
10.11. The above paragraphs do not cover damages caused by delay, which are regulated in more detail in sections 7.7 to 7.10.
11. Software, liability for data loss
11.1. If we are liable for damages according to section 10 above, our liability for data loss is limited to the typical recovery costs that would have occurred 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 of the rights holder for this software. We will make these available to the customer upon request. We are not responsible for malfunctions that are related to or associated with the operating system environments and configurations installed by the customer. Our liability is also excluded if the software program is not compatible 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.) will be invoiced to the customer at the hourly rate of an IT technician, unless otherwise agreed.
12. Assignment, offsetting, retention
12.1. The customer is not entitled to assign or transfer claims or rights against us arising from the business relationship to third parties without our consent. The same applies to claims and rights arising against us directly by law.
12.2. The customer is only entitled to offsetting rights if his counterclaims have been legally established, are undisputed or have been recognized by us.
12.3. The customer is only entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.
13. Awarding to third parties
13.1. We are entitled to pass on the order or parts of the order to third parties even without the customer's prior consent.
13.2. In these cases, we are liable for the third party as for our own vicarious agents.
14. Confidentiality, data protection
14.1 All business or technical information made available by us (including characteristics that can be inferred from 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"), must be kept secret from third parties as long as and insofar as it is not demonstrably publicly known or has not been determined by us to be passed on 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 called upon to use them and who are also obliged to maintain confidentiality; they remain our exclusive property. Such information may not be copied or used commercially without our prior written consent. The customer will inform us immediately if he becomes aware that information has been passed on in violation of this agreement. At our request, all confidential information originating from us (including copies or recordings made if applicable) and items loaned to us that are not part of the deliveries or are not required for the use of the deliveries must be returned to us immediately and in full, destroyed or deleted.
14.2 We reserve all rights to the information specified in section 14.1 (including copyrights and the right to register industrial property rights, such as patents, utility models). To the extent that this has been made available to us by third parties, this legal reservation also applies to the benefit of these third parties.
14.3 If personal data is processed, we comply with the statutory provisions on data protection. In this case, the details of the data collected and its respective processing can be found in a data protection declaration provided by us or in a data processing agreement to be concluded separately. We are entitled to store, use, transfer and/or exploit all information provided and generated by the customer, excluding 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, jurisdiction, applicable law
15.1. The place of performance and 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 entitled to sue the customer at his registered office.
15.2. The law of the Federal Republic of Germany applies; 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
General purchasing conditions
of euroTECH Handling GmbH
§ 1 Scope
(1) Our general terms and conditions apply to the purchase of goods and the commissioning of services in accordance with the contract concluded between us and the supplier.
(2) Our general terms and conditions apply exclusively and without further express reference to all future orders to the supplier. We do not recognize any deviating conditions of the supplier unless we have expressly agreed to their validity in writing. Our general terms and conditions also apply if we accept the service without reservation despite knowing that the supplier's conditions conflict with or deviate from our terms and conditions.
(3) Our general terms and conditions only apply to entrepreneurs, legal entities under public law or special funds under public law within the meaning of § 310 para. (1) BGB.
§ 2 Order and offer documents
(1) If we make an offer with our order, this can only be accepted within two weeks of receipt. Orders placed verbally only become effective upon our written confirmation. If the supplier issues an order confirmation, he must indicate our order number on it.
(2) We reserve all ownership and copyrights to images, drawings and other documents; they may not be made accessible to third parties without express written consent. After the order has been processed, they must be returned to us without request.
§ 3 Prices and payment terms
(1) The price stated in our order is binding. Unless otherwise agreed in writing, this includes delivery “free of charge” and packaging. The supplier is obliged to take back the packaging if we request this from him.
(2) All prices are net prices plus statutory sales tax. We can only process invoices if they state the order number shown in our order in accordance with the specifications; the supplier is responsible for all consequences arising from non-compliance with this obligation.
(3) Unless otherwise agreed in writing, we will pay the amount within 14 days from delivery and receipt of invoice, with a 2% discount, or within 30 days of receipt of invoice net.
§ 4 Assignment, retention, offsetting
(1) We are entitled to offsetting and retention rights to the extent permitted by law.
(2) Claims against us can only be assigned to third parties with our written consent. The same applies to legal enforcement by third parties in the form of voluntary legal representation.
§ 5 Delivery time
(1) The delivery time specified by us is binding; any deadlines begin to run when the order is received by the supplier.
(2) The supplier will inform us immediately in writing if he is unable to meet the agreed delivery date, whereby our rights due to delay in performance remain unaffected by this obligation to provide information.
(3) If the supplier is late with delivery, he must pay 0.1%, but no more than 10% of the order amount, as a contractual penalty for each working day of delay. The assertion of statutory claims due to delay in performance remains unaffected.
§ 6 Transfer of risk
(1) In the case of purchase contracts, the risk is only transferred to us when the goods are received by us.
(2) In the case of work contracts, the risk is transferred to us after an express acceptance in the form of an acceptance protocol.
§ 7 Condition and quality of the goods
(1) The supplier guarantees that its goods comply with the relevant laws, regulations and DIN standards. The goods must bear a CE marking where necessary and be CE-compliant as well as REACH and RoHS-compliant.
(2) The supplier guarantees that the goods correspond to the information in our orders (including any drawings).
(3) The supplier will maintain a quality assurance system which in particular includes the maintenance of current quality standards, regular quality checks and an outgoing goods inspection. The supplier must create records of this and hand them over to us on request.
§ 8 Supplier's liability for defects
(1) We are entitled to the statutory claims for defects in full. In particular, we are entitled to demand that the supplier remedy the defect or deliver a new service item at our discretion. We expressly reserve the right to assert the right to compensation, including compensation instead of performance, for any degree of fault in full in accordance with the statutory provisions.
(2) The limitation period for claims for defects is three years, unless longer statutory periods apply. It begins with the transfer of risk.
§ 9 Supplier's liability for damages
(1) The supplier is liable to us for any damage caused by him or his vicarious agents, in full and for any degree of fault in accordance with the statutory provisions.
(2) The supplier bears the risk of transport damage.
(3) If third parties make claims against us for product liability, the supplier must indemnify us against third-party claims (including the costs of a necessary recall campaign) and reimburse us for all damages and expenses if he is responsible for the reason giving rise to liability.
(4) The limitation period for our claims for damages is governed exclusively by the statutory provisions.
§ 10 Industrial property rights
(1) The supplier guarantees that no third-party rights are violated in connection with its delivery.
(2) If third parties make claims against us for this reason, the supplier is obliged to indemnify us against third-party claims upon first written request.
(3) We are entitled to industrial property rights arising in the course of executing the order. Should these arise in exceptional cases at the supplier due to mandatory legal provisions, the supplier grants us free, non-exclusive and unlimited use.
§ 11 Ownership of objects
(1) All objects, such as tools, presentation pieces, samples, drawings, data storage devices or models, which have been handed over to the supplier remain our property. The supplier undertakes to keep them strictly confidential in this regard and to return them immediately if we request this. Passing them on to third parties or using them for your own purposes (with the exception of providing services for us) is not permitted.
(2) The same applies to items that were manufactured in whole or in part at our expense (e.g. molds, tools, devices). These become our property when they are produced by the supplier without immediate transfer of possession. Changes to these may only be made with our written consent. The supplier is liable within the framework of the existing ownership relationship for any damage and/or loss in accordance with the statutory provisions.
§ 12 Software
(1) Unless otherwise agreed in an individual contract, the supplier grants us ownership of software products and the associated documentation and unlimited, free rights of use. In particular, the source code must also be transferred to us. We are entitled to pass the software on 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 that the supplier must make to us must be in writing.
(2) This also applies to legally relevant declarations and notifications that the supplier must make to third parties if they are related to the contractual relationship between us and the supplier.
§ 14 Compliance, ETI Base Code, conflict materials, Supply Chain Act
(1) As part of its cooperation with us, the supplier ensures that it complies with all applicable laws and regulations, including all anti-corruption regulations.
(2) The supplier also guarantees compliance with the minimum standards of the "ETI Base Code" of the Ethical Trading Initiative.
(3) The supplier assures that it will not use any raw materials and minerals that come from illegal mining in conflict areas (ban on "conflict materials").
(4) The supplier also undertakes to comply with the requirements of the Supply Chain Due Diligence Act ("Supply Chain Act"). The aim of this law is to improve the protection of human rights and the environment in global supply chains.
§ 15 Confidentiality, data protection
(1) All business or technical information made available to the supplier (including characteristics that can be inferred from 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"), must be kept secret from third parties as long as and to the extent that it is not demonstrably publicly known or has not been determined by us to be passed on 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 called upon to use them and who are also obliged to maintain confidentiality; they remain our exclusive property. Such information may not be reproduced or used commercially without our prior written consent. The supplier will inform us immediately if it becomes aware that information has been passed on in violation of this agreement. At our request, all confidential information originating from us (including any copies or records made) and items loaned to us that are not part of the deliveries or are not required for the use of the deliveries must be returned to us immediately and in full or destroyed or deleted.
(2) The supplier must observe the statutory provisions on data protection.
§ 16 Place of performance, jurisdiction, applicable law
(1) The place of performance and jurisdiction for disputes with merchants, legal entities under public law or special funds under public law is our registered office. In addition, we are entitled to sue the supplier at his registered office.
(2) The law of the Federal Republic of Germany applies; the UN Convention on Contracts for the International Sale of Goods is excluded.
(3) Should one of the above provisions be or become invalid, the validity of the other provisions shall remain unaffected.
Design & Implementation
die wollwinderei gmbh
Manuel Wollwinder
Berliner Straße 24
72458 Albstadt
hello@wollwinderei.de
www.die-wollwinderei.de