Terms and Conditions
Terms of Sale and Delivery
1.1 These terms and conditions of sale and delivery apply to all sales and delivery transactions of Falquon GmbH (hereinafter referred to as “seller”).
1.2 These terms and conditions of sale and delivery apply exclusively. The buyer's terms and conditions or changes to these terms and conditions of sale and delivery will not become part of the contract even if the seller does not object.
1.3 These terms and conditions of sale and delivery also apply to all future sales and delivery transactions between the parties within the framework of an ongoing business relationship, without the seller having to refer to them again in each individual case.
1.4 These terms and conditions of sale and delivery only apply to persons who, in relation to the contractual relationship, act in the exercise of their commercial or self-employed professional activity or are legal persons under public law or special funds under public law.
2. Conclusion of contract and withdrawal
2.1 A contract is concluded when the parties agree on all essential parts of the contract, in particular the price, and the seller has confirmed the contract in writing (declaration of acceptance). Advisory services of any kind, in particular with regard to the suitability of the object of purchase for the specific intended use of the buyer, are not part of the contract. The specific intended use of the goods that may have been communicated by the buyer is also not the basis of the contract. The buyer is responsible for checking the suitability of the goods for the specific intended use of the buyer, if necessary with the involvement of experts, such as structural engineers and architects in particular.
2.2 Verbal offers and agreements before the conclusion of the contract are not binding for the seller. Written offers by the seller are only binding on the seller (in particular with regard to prices, delivery times, drawings, illustrations, dimensions, weights or other performance data) if this is expressly stated in the offer.
2.3 The buyer is bound to the offers made to the seller or his representative for two weeks from their receipt, if the offers do not result in a longer commitment.
2.4 All offer, contract and project documents may not be reproduced or made accessible to third parties without the consent of the seller. They are to be returned immediately upon the Seller's request, which is possible at any time.
2.5 The seller can withdraw from the contract if the buyer - despite setting a grace period (if necessary) - does not fulfill his obligations to cooperate or if the performance of the service by the seller is due to obstacles to performance for which the seller is not responsible, which he could not foresee or permanently not be able to overcome, which are caused by reasonable expenses cannot be eliminated, is not possible; this also applies to special specifications, such as custom-made products, required qualities and deadlines.
2.6 The seller can refuse to perform and/or withdraw from the contract if payment of the agreed price is not guaranteed by the agreed delivery date (e.g. through commercial credit insurance, bank guarantee, payment in advance).
2.7 If the seller withdraws from the contract in accordance with Section 2.5 or 2.6, the buyer cannot derive any further rights against the seller from this – with the exception of the repayment of payments made for this contract.
3. Price and Payment
3.1 The agreed price does not include the applicable statutory VAT. If an exemption from value added tax is provided for by law, the necessary requirements must be met immediately in connection with the delivery. Tax-free EU deliveries: The seller is obliged to provide documentary evidence that the delivered goods actually came from Germany to another EU member state (so-called confirmation of arrival). The seller sends the confirmation of arrival to the buyer by e-mail. To do this, the seller requires a declaration of consent from the buyer to receive the confirmation of arrival electronically (self-pickup). The buyer may only send the confirming reply by e-mail after the goods have actually arrived in the other EU member state. In the absence of the above Documentary evidence of any consequential costs incurred, e.g. subsequent VAT calculation and other damage incurred. Otherwise, the agreed price is ex delivery works; the dispatch of the goods is the responsibility of the buyer, he bears the costs for packaging, insurance, freight, customs, import and ancillary duties associated with the import.
3.2 Packaging will not be taken back. The buyer assumes the obligation to take back the seller in accordance with Section 15 of the Packaging Act and ensures that the packaging is taken back and properly recycled. The resulting costs for taking back and recycling are to be borne by the buyer. If the seller affixes signs of a comprehensive system within the meaning of Section 3 (16) of the Packaging Act (e.g. "Der Grüne Punkt") to the products on behalf of the buyer, the buyer is deemed to be the "manufacturer" of the sign within the meaning of the Packaging Act and thus bears the fees directly to the comprehensive system. If the buyer violates the provisions of the Packaging Act and a claim is made against the seller as a result, the buyer is obliged to reimburse the seller for all expenses incurred in this connection. The buyer is also responsible for the disposal of the packaging that does not occur in the territory of the Federal Republic of Germany but abroad, in accordance with the applicable statutory provisions. The resulting costs are to be borne by the buyer.
3.3 Insofar as changes are agreed at the request of the buyer after the conclusion of the contract, the buyer is obliged to pay for the additional expenses incurred by the seller. If the price for the additional work is not agreed upon with the contract change, this will be determined taking into account the price level of the contract on the basis of the seller's original calculation.
3.4 If raw material or auxiliary material prices, wages or other price-relevant economic circumstances (e.g. exchange rate fluctuations) increase between the conclusion of the contract and delivery for reasons for which the seller is not responsible, the seller can adjust the price accordingly at his reasonable discretion (§ 315 Para. 1 BGB).
3.5 If advance payment has not been agreed, payments are due immediately after handover of the goods and invoicing without deduction. Partial deliveries are permitted and can be invoiced separately if this is reasonable for the buyer. Payments are to be made exclusively in EURO.
3.6 If the buyer defaults in payment, he owes default interest of 12% of the debt p.a. and a flat rate of €40. The lump sum will be offset against any damages owed, insofar as the damage is based on the costs of legal action. Further claims for damages by the seller remain unaffected. If the buyer is in default of payment, the seller may suspend further deliveries to the buyer, even if they do not belong to the same sale and delivery transaction.
3.7 Payments are made by bank transfer. The acceptance of bills of exchange and checks does not have a fulfilling effect. All costs and damages arising from the encashment and non-encashment of bills of exchange and checks shall be borne by the buyer.
3.8 Deviating from the buyer's repayment terms, the seller can offset payments from the buyer as follows: costs of legal action, interest, principal claim. The offsetting can lead to an increase in interest rates. The purchaser must be informed of the offsetting within one month of receipt of payment, otherwise the purchaser's repayment provisions apply.
3.9 If the buyer is entitled to claims against the seller (counterclaims), the buyer is only entitled to set-off, retention or reduction if the counterclaims have been legally established or are undisputed.
3.10 The assignment of the buyer's claims against the seller is only effective with the written consent of the seller. This does not apply to monetary claims and to claims of the buyer for which the buyer's legitimate interest in the assignability of the claim outweighs the seller's interest in the exclusion of assignment.
3.11 If the production of the goods requires the creation or procurement of moulds, models, special tools, devices, special packaging, etc.,
these are to be remunerated separately and in addition to the price agreed for the goods.
4. Delivery of Goods
4.1 The seller is obliged to deliver the ordered goods at the earliest when payment of the agreed price i.S. of Section 2.6 is ensured.
4.2 The seller must accept the goods from the buyer immediately after notification that the goods are ready for collection. If the takeover does not take place within two weeks at the latest, the goods are deemed to have been taken over and can be publicly stored at the expense of the buyer. The buyer has to compensate the seller for the damage caused by the delay in acceptance; further consequences of the delay in acceptance remain unaffected.
4.3 The seller can manufacture the goods in modified form, insofar as this is necessary due to legal regulations and this does not result in a deterioration in quality or usability.
4.4 Insofar as unforeseeable events (e.g. epidemics, pandemics, operational disruptions, strikes, sovereign measures (e.g. trade sanctions, import and export bans, plant closures, curfews), traffic disruptions, fire, natural disasters, war (declared or not declared), terrorist attacks, blockades, Raw material and energy shortages, other cases of force majeure) stand in the way of adhering to the agreed delivery dates, these are extended accordingly - without the resulting buyer claims. The same applies if the buyer does not fulfill existing obligations to cooperate, such as the submission of complete planning documents required for the production of the goods and approved for the work preparation.
4.5 If the seller exceeds an agreed delivery date by more than two weeks despite having secured payment of the purchase price and for which the buyer is not responsible, the buyer can set the seller a reasonable grace period, which must be at least two weeks. The buyer can only withdraw from the contract after the deadline has expired without result.
4.6 If the Seller is in default of delivery, the Buyer's claims are limited to an amount of 0.5% of the value of the goods affected by the delay per week of delay, up to a maximum of 5% of the value of the goods affected by the delay . Claims by the buyer going beyond this only come into consideration in the event of intent, gross negligence or a breach of a cardinal obligation by the seller. Cardinal obligations are those obligations the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner may regularly rely.
4.7 Sections 4.5 and 4.6 do not apply in the case of a commercial fixed transaction; in this case § 376 HGB applies.
5. Passing of Risk
5.1 The risk of accidental loss and accidental deterioration of the goods is transferred to the buyer upon notification of readiness for dispatch/collection, at the latest upon acceptance or upon acceptance according to Section 4.2 Clause 2.
5.2 If shipment to the buyer has been agreed (at whose expense), the risk passes to the buyer as soon as the seller has made the goods available for shipment.
6.1 The seller's goods essentially consist of wood and/or powdered rock and are therefore a natural product. Its natural properties lead to a range of natural color, structure and other differences and therefore do not constitute a defect. Insignificant deviations from the description of the goods, in particular the deviations listed in the goods guidelines and, in the case of fixed size panels, dimensional deviations of up to 10% also constitute do not constitute defects outside of the cases regulated in Section 4.3. This applies accordingly if the cost of eliminating the defects does not exceed 4% of the value of the goods in the sales and delivery transaction.
6.2 When using melamine resin-coated products outside of Europe, the seller is only liable for defects if the intended purpose and the place of use of the goods have been brought to the seller's attention in writing and the suitability of the material has been confirmed in writing by the seller.
6.3 Claims for defects require that the buyer makes the defective goods available to the seller for inspection. Returns must be agreed in advance between the contracting parties.
6.4 After the transfer of risk, the buyer is obliged to inspect the goods immediately for defects, including incorrect deliveries and quantity errors, in accordance with Section 5, and to report these in writing without delay. This also applies if samples have been delivered beforehand. If defects do not become apparent until later, they must also be reported immediately. In the event of violations of the obligation to examine or give notice of defects, there are no claims whatsoever against the seller.
6.5 In the event of defects, the buyer's claim is initially limited to supplementary performance by remedying the defect; instead, the seller can, at his own discretion, carry out subsequent performance by means of a replacement delivery. Only if the supplementary performance fails or is refused by the seller does the buyer have the right to a price reduction or, at his option, a right of withdrawal.
6.6 The seller is only liable for property damage and financial losses in the event of intent or gross negligence. Liability is limited to the damage that is typical for the contract and foreseeable at the time the contract was concluded. This restriction does not apply in the event of injury to health, body or life for which the seller is responsible, or in the event of violations of cardinal obligations and claims under the Product Liability Act. The limitation of liability applies accordingly to damage from claims by third parties against the buyer. Cardinal obligations are those obligations the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner may regularly rely.
6.7 The seller is only liable for defects of title in connection with patent rights in the event of intent or gross negligence.
6.8 Claims for defects by the buyer against the seller expire in one year. This does not apply to goods in accordance with Section 438 Paragraph 1 No. 2 BGB. The statute of limitations begins with the transfer of risk in accordance with Section 5. The statutory statutes of limitations shall apply instead to claims for damages by the buyer due to culpable damage to life, limb or health caused by the seller or his vicarious agents, as well as other damage caused by gross negligence and intent.
6.9 Recourse claims of the buyer against the seller based on the regulations on the sale of consumer goods only exist insofar as the buyer has not established any claims with his contractual partner in the supply chain that go beyond the statutory claims for defects. The buyer's right of recourse expires in one year; § 445b paragraph 2 BGB does not apply. Clause 6.7 and 6.9. apply accordingly. Terms of payment, rebates, cash discounts, the acceptance of transport services and comparable services granted to the buyer are considered equivalent compensation in accordance with § 478 Para. 2 Clause 1 BGB. The buyer is obliged to notify the seller immediately of any case of recourse occurring in the supply chain.
6.10 The warranty obligation for defects expires if the goods are modified, processed or treated improperly.
6.11 If, following a warranty claim against the seller by the buyer, it turns out that the seller has no warranty obligation, the buyer must reimburse the seller for the expenses incurred.
6.12 If the goods (e.g. in the case of contract manufacturing) are manufactured on the basis of information, drawings, plans, models or other specifications from the buyer, the seller only assumes a warranty for the execution in accordance with the conditions.
7. Retention of Title
7.1 The delivered goods remain the property of the seller until the seller's claims against the buyer from the sale and delivery transaction have been fully met. The inclusion of individual claims in a current account or the drawing of a balance and their acknowledgment by the seller does not cancel the retention of title.
7.2 The delivered goods remain the property of the seller until all claims to which the seller is entitled against the buyer, regardless of the legal reason, now or in the future, have been met in full. Section 7.1 sentence 2 applies accordingly.
7.3 The buyer is entitled to combine, mix and process the reserved goods in the ordinary course of business, for the seller as the manufacturer, but without any obligation for him. If the seller's ownership of the delivered goods expires as a result of connection, mixing or processing, the buyer hereby transfers co-ownership of the new item to the seller in the ratio of the value of the delivered goods to the buyer's item at the time of connection, mixing or processing .
7.4 The buyer bears the risk for the seller's reserved goods. He must keep them safe, mark them as the property of the seller and separate them and insure them against loss, theft, fire, etc. He hereby assigns the claim against the insurance company in the event of damage to the seller who accepts this. In the event of attachment or other impairment of the seller's rights by third parties, the buyer must inform the third party of the seller's rights and inform the seller immediately in writing. The buyer bears the costs (including those of legal prosecution) and damages incurred as a result of the attachment or other impairment or the failure to refer to the seller's rights.
7.5 The buyer is entitled to sell the seller's goods or the new item in the ordinary course of business. Pledging or security transfer are excluded. The buyer hereby assigns the claims that have arisen and are arising from the sale to the seller who accepts them. The buyer is obliged to keep the proceeds for the seller separate from his or the assets of third parties and to document this by means of a corresponding note in his books or on his invoices. If the buyer's claims from the sale are included in a current account with a third party, the buyer must object to this with reference to the seller's rights and inform the seller immediately in writing. The seller authorizes the buyer to collect the assigned claims in his own name; the authorization is revocable in the event that the buyer defaults on the fulfillment of obligations towards the seller or an application for insolvency proceedings is filed. If this is the case, the seller can demand that the buyer informs him of the assigned claims and their debtors, provides all the information required for collection, hands over the relevant documents and informs the debtors of the assignment.
7.6 If the value of the aforementioned securities exceeds 20% of the seller's claims, the seller must release them to that extent. The choice of securities to be released is incumbent upon the seller.
7.7 The buyer is obliged to do everything, in particular to make any legal declaration to the seller or third parties, in order to ensure that the retention of title agreed above becomes fully effective under foreign law at the place of delivery or the buyer's registered office.
8. Release from Liability
8.1 The buyer is solely liable internally as a co-manufacturer for goods manufactured according to his specifications in accordance with the Product Liability Act. He releases the seller from third-party claims.
8.2 If the buyer has given the seller specifications for the manufacture of the goods, the implementation of which leads to an infringement of patent, copyright, trademark or other property rights of third parties, the buyer shall indemnify the seller from third-party claims.
9.1 All disputes will be decided according to substantive German law. The application of the UN Sales Convention (CISG) is excluded.
9.2 If the buyer does not have a general place of jurisdiction in Germany (§ 38 Para. 2 ZPO) or if the buyer is a merchant, a legal entity under public law or a special fund under public law (§ 38 Para. 1 ZPO), Neuruppin is the exclusive place of jurisdiction for all disputes, relating to the contractual relationship.
9.3 The place of performance for all obligations relating to the contractual relationship is Falkenhagen near Pritzwalk.
9.4 If individual provisions of the contractual relationship are or become ineffective, this shall not affect the effectiveness of the remaining provisions. The contractual partners are obliged to make a new regulation that comes as close as possible to the purpose of the invalid regulation.
9.5 Oral side agreements to the contractual relationship were not made. Any change must be made in writing, with the sending of the written declaration by fax being sufficient. This also applies to the change in the written form requirement itself. The written form requirement also applies to declarations with a design effect, in particular withdrawal, as well as the setting of deadlines.
The above written form requirement does not apply to agreements that are made orally between the parties immediately after the conclusion of the contract.
General Conditions of Purchase
1.1 The purchasing conditions apply to all purchasing transactions of Falquon GmbH (hereinafter referred to as "buyer").
1.2 These terms and conditions of purchase apply exclusively. The seller's terms and conditions do not become part of the contract even if the buyer does not object.
1.3 The provisions of the VOL and the VOB do not apply.
1.4 These terms and conditions of purchase also apply to all future purchase transactions of the contracting parties.
2. Conclusion of contract
2.1 Agreements between the buyer and the seller are only effective if they have been made in writing.
2.2 All correspondence relating to the contract must be conducted exclusively with the purchaser's purchasing department, stating the order number. The contract language is German.
2.3 The buyer is bound to his offers for ten days. Acceptance of an offer must be declared by returning the duplicate signed by the seller.
2.4 The conclusion of a contract requires an agreement on the purchase price.
2.5 The buyer can request changes to the delivery item even after the conclusion of the contract, insofar as this is reasonable for the seller. The contract must be adjusted with regard to the additional or reduced costs and the delivery dates in such a way that the interests of both parties are adequately taken into account.
3 Prices and terms of payment
3.1 The prices shown in the order are fixed prices.
3.2 Unless otherwise agreed in writing, the purchase price includes delivery "free domicile" including packaging and assumption of transport insurance and statutory value added tax.
3.3 Remuneration for ideas, presentations, negotiations and/or for the preparation of offers and projects will not be granted unless otherwise agreed in writing.
3.4 Invoices can only be processed by the buyer if they contain the order number stated in the buyer's order. The seller is responsible for all consequences arising from non-compliance with these obligations.
3.5 Unless otherwise agreed in writing, payment of the purchase price is due within 30 days after delivery of the goods and receipt of a verifiable invoice. If the buyer pays within 14 days after receipt of the verifiable invoice and goods, the seller grants a discount of 3%, within 21 days a discount of 2%.
3.6 In the case of partial deliveries, payment is only due with the last delivery. This does not apply to successive delivery contracts.
3.7 Insofar as the seller has to provide material samples, test reports, quality documents or other contractually agreed documents, the completeness of the delivery and service also presupposes the receipt of these documents by the buyer.
3.8 Payment is made by bank transfer. For this purpose, the seller must provide appropriate bank details.
3.9 The buyer is entitled to set-off and retention rights to the extent permitted by law.
3.10 The seller is not entitled to assign his claims against the buyer to a third party. This does not apply to monetary claims and to claims of the seller for which the seller's legitimate interest in the assignability of the claim outweighs the buyer's interest in the exclusion of assignment.
4. Delivery of Goods
4.1 The delivery time specified in the order is binding.
4.2 If delivery takes place before the agreed delivery date, the buyer reserves the right to return the goods at the seller's expense and risk. If the goods are not returned in the event of early delivery, the goods will be stored with the buyer at the seller's expense and risk.
4.3 The seller is obliged to inform the buyer immediately in writing if circumstances arise or become apparent to him which indicate that the agreed delivery time cannot be met.
4.4 In the event of a delay in delivery, the buyer is entitled to demand flat-rate damages for delay amounting to 1% of the delivery value for each completed week, but not more than 10% of the delivery value in total, unless the seller proves that no or much less damage was caused.
4.5 We reserve the right to make further legal claims on the part of the buyer. The buyer is not obligated to reserve the right to assert a contractual penalty in the event of acceptance of a late delivery. The same applies to the acceptance of an improper delivery.
4.6 The goods are to be packaged in such a way that damage during transport is avoided. Packaging materials are only to be used to the extent necessary to achieve the purpose. Only environmentally friendly packaging may be used. The seller's obligation to take back the packaging is based on the statutory provisions.
4.7 The involvement of a sub-supplier or subcontractor requires the prior written consent of the buyer. In the event of consent, the Seller shall impose on the sub-suppliers/subcontractors all the obligations and ensure compliance with them that it has assumed towards the Buyer with regard to the tasks it has assumed.
4.8 The seller provides his deliveries/services according to the state of the art. He must comply with the laws, regulations and official requirements applicable in the Federal Republic of Germany, observe court decisions and use the technical rules, standards and guidelines in the versions valid at the time the contract was concluded as a basis. In particular, the seller must observe the professional association regulations and rules as well as the generally recognized safety and occupational health rules. Machines and technical work equipment must be supplied with operating instructions and an EC declaration of conformity in accordance with the Machinery Ordinance. Work equipment with a CE mark should preferably be supplied. If a test mark is not issued, compliance with the aforementioned regulations must be proven at the request of the buyer.
4.9 The seller must provide his deliveries/services in accordance with the applicable delivery specifications of the buyer.
4.10 The seller is only entitled to partial deliveries/services with the written consent of the buyer.
4.11 The seller is obliged to indicate the order number of the buyer on all shipping documents and delivery notes. Buyer shall not be liable for delays resulting from breach of this obligation.
5. Passing of Risk
5.1 Unless otherwise agreed between the parties, the "delivery duty paid" clause of the Incoterms of the International Chamber of Commerce (Incoterms 2000) applies.
5.2 The transfer of risk takes place in the case of purchase contracts with the acceptance of the delivery by the buyer and in the case of work and work delivery contracts through formal acceptance by means of an acceptance protocol to be signed by both parties.
6.1 The buyer is entitled to raise the complaint within twelve working days in accordance with § 377 HGB. In the case of obvious defects, the period begins with the acceptance of the delivery, in the case of hidden defects with the discovery of the defect.
6.2 In the event of a warranty claim, the buyer is entitled to demand that the seller either remedy the defect or provide a replacement delivery. In this case, the seller is obliged to bear all expenses necessary for the purpose of remedying the defect or providing a replacement delivery.
6.3 The buyer is also entitled to all statutory warranty claims without restriction.
6.4 All replacement deliveries and repairs are also subject to these purchasing conditions.
6.5 The buyer is only liable for property damage and financial loss in the event of intent or gross negligence. Liability is limited to the damage that is typical for the contract and foreseeable at the time the contract was concluded. This limitation does not apply in the event of injury to health, body or life for which the buyer is responsible, or in the event of violations of cardinal obligations and claims under the Product Liability Act. Cardinal obligations are those obligations the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner may regularly rely.
6.6 Insofar as the seller is responsible for product damage, he is obliged to indemnify the buyer against claims for damages from third parties insofar as the cause lies within his sphere of control and organization and he is himself liable in the external relationship.
6.7 At the request of the buyer, the seller is obliged to present product liability insurance with coverage in the amount of the foreseeable and typical personal injury and damage to property.
6.8 The buyer can withdraw from the contract if the provision of services is not possible due to unforeseeable and insurmountable obstacles to performance, which cannot be remedied by reasonable expenses. The right of withdrawal does not exist if the impediment to performance is temporary or is the responsibility of the buyer.
6.9 The buyer can withdraw from the contract if the seller applies for insolvency proceedings to be opened against his assets, insolvency proceedings are opened against the seller on the basis of an application by the buyer or a third party, or the opening is rejected due to insufficient assets.
6.10 The buyer can also withdraw from the contract if the supplier promises, offers or grants advantages of any kind to an employee or agent of the buyer involved in the preparation, conclusion or implementation of the contract, or to a third party in his interest.
6.12 The statutory cancellation regulations remain unaffected.
6.13 The warranty period is three years for purchase contracts and five years for work and work delivery contracts from the transfer of risk. If the seller receives the notification of defects within the warranty period, the warranty claim relating to the specific defect lapses at the earliest two years after receipt of the notification of defects.
7. Intellectual Property Rights
7.1 The seller assures that all items subject to the purchase contracts are in his full ownership and that there are no other conflicting rights of third parties.
7.2 The seller releases the buyer from third-party claims if he is responsible for them.
7.3 The seller's obligation to indemnify pursuant to Section 7.2 also relates to all expenses that the buyer necessarily incurs from or in connection with claims by a third party.
7.4 All documents, software, papers and information provided to the buyer shall become the property of the buyer for unrestricted use within the scope of the purpose of the contract.
8.1 The seller is obliged to keep all received illustrations, drawings, calculations, personal data and other documents and information strictly confidential and to disclose them to third parties only with the express consent of the buyer. The confidentiality obligation also applies after the execution or failure of this contract. Subcontractors are to be obligated accordingly by the seller.
8.2 The conclusion of the contract is to be treated confidentially. The seller's advertising material may only refer to the business deal with the buyer after the buyer's written consent. The parties undertake to treat as business secrets all non-obvious commercial or technical details that become known to them through the business relationship. Sub-suppliers are to be obligated accordingly.
9. Choice of law, place of jurisdiction, place of performance, severability and written form
9.1 All disputes will be decided according to substantive German law. The application of the UN Sales Convention (CISG) is excluded.
9.2 If the seller does not have a general place of jurisdiction in Germany (§ 38 Para. 2 ZPO) or if the seller is a merchant, a legal entity under public law or a special fund under public law (§ 38 Para. 1 ZPO), 16816 Neuruppin is the exclusive place of jurisdiction for all disputes that relate to the contractual relationship. The buyer can, at his choice, also appeal to the court competent for the seller's registered office.
9.3 The place of performance for all obligations relating to the contractual relationship is Falkenhagen near 16928 Pritzwalk.
9.4 If individual provisions of the contract are or become invalid, this shall not affect the validity of the remaining provisions. The contractual partners are obliged to make a new regulation that comes as close as possible to the purpose of the invalid regulation.
9.5 Oral side agreements to the contractual relationship were not made. Any change must be in writing. This also applies to the change in the written form requirement itself. The above written form requirement does not apply to agreements that are made orally between the parties immediately after the conclusion of the contract.
Pritzwalk, April 2018