Terms & Conditions

On this page you will find our general terms and conditions of business and delivery. The conditions are also available as PDF download:

General terms and conditions of business and delivery

I. Scope of Application, Defense Clause, Ownership/Copyrights and Confidentiality

(1) All deliveries and services of Peter Huber Kältemaschinenbau AG (Supplier) are exclusively based on these General Terms and Conditions of Business and Delivery (Conditions) and any separate contractual agreements. Other (purchasing, etc.) conditions of the Purchaser shall not become part of the contract, not even by (uncontradicted) acceptance of the order.

These terms and conditions shall also apply to all future contractual relations between the Supplier and the Purchaser, even if they are not expressly agreed again. 3.

In the absence of a special agreement, a contract shall be concluded with the written order confirmation of the Supplier. The written order confirmation of the Supplier shall be exclusively decisive for the scope of deliveries or services. 4.

4. the supplier reserves all property rights and copyrights to its samples, drawings, models, tools, cost estimates as well as all information of a physical and non-physical nature (including in electronic form) made available to the purchaser; they may not be made accessible to third parties without the prior consent of the supplier and must be returned to the supplier without delay at the latter's request in the event that the order is not placed.

(5) The contracting parties undertake to treat as business secrets all commercial or technical details which are not in the public domain and which become known to them as a result of the business relationship. If one of the contracting parties recognizes that information to be kept secret has come into the possession of an unauthorized third party or that a document to be kept secret has been lost, it shall immediately inform the other contracting party thereof. In the event of breaches of confidentiality, business secrets and similar obligations, the Supplier expressly reserves the right to take civil or, if necessary, criminal action.

II Prices and Offsetting

Unless otherwise agreed, prices are ex works and do not include packaging, transport, insurance, customs duties and other incidental costs. Value added tax shall be added to the prices at the statutory rate applicable at the time.

2. the customer shall only have the right to withhold payments or to offset them against counterclaims if his counterclaims are undisputed or have been established by a court of law.

III Retention of title and obligation to surrender in the event of default in payment

(1) The items of the Supplies (Retained Goods) shall remain the property of the Supplier until all claims against the Purchaser to which the Supplier is entitled under the business relationship have been satisfied.

(2) The Purchaser may resell the Retained Goods in the ordinary course of business, but hereby assigns to the Supplier all resulting claims against its customers to secure the Supplier's claims for payment in the amount owed (including value added tax); the Supplier accepts this assignment. This assignment shall apply irrespective of whether the reserved goods have been resold without or after processing. The Purchaser shall remain authorized to collect the claim even after the assignment. The Supplier's authority to collect the claim itself shall remain unaffected; however, the Supplier shall not collect the claim, inter alia, as long as the Purchaser meets its payment obligations from the proceeds collected and is not in default of payment, and no application for the opening of insolvency proceedings has been filed. 3.

Otherwise, the customer may neither pledge the reserved goods nor assign them as security. In the event of pledges, seizures and other dispositions or interventions by third parties, the Purchaser shall notify the Supplier without delay. 4.

4. on the basis of the retention of title, the supplier may only demand the return of the goods subject to retention of title if he has withdrawn from the contract.

5. an application for the opening of insolvency proceedings shall entitle the supplier to withdraw from the contract and to demand the immediate return of the delivery item.

(6) In the event of a breach of contract by the Purchaser, in particular in the event of default in payment, the Supplier shall be entitled to take back the delivery item after unsuccessful reminder and the Purchaser shall be obliged to surrender the delivery item without delay.

IV. Delivery periods and delays in delivery

(1) The delivery period shall be as agreed between the contracting parties. Compliance with the delivery period by the Supplier shall be subject to the condition that all commercial and technical questions between the contracting parties have been clarified and that the Purchaser has fulfilled all its obligations (such as timely transmission of all information, approvals or (planning) releases to be provided by the Purchaser; compliance with agreed terms of payment) in due time. If this is not the case, the delivery time shall be extended accordingly. 2.

Compliance with the delivery time shall be subject to proper, defect-free and timely delivery by the Supplier itself. The Supplier shall inform the Purchaser as soon as possible of any impending delays. 3.

The delivery time shall be deemed to have been complied with if the delivery item has left the Supplier's works or is ready for collection by the time of its expiry. 4.

4. partial deliveries are permissible as far as reasonable for the customer.

5. the intermediate sale of an offered article remains reserved.

6. if the non-observance of the delivery time is due to force majeure, labor disputes or other events beyond the supplier's control, the delivery time shall be extended accordingly; the same shall apply in the event that the supplier fails to deliver properly, without defects or in due time or in the event of a delay for which the purchaser is responsible.

7. if the dispatch of the delivery item is delayed for reasons for which the purchaser is responsible, the costs incurred by the delay shall be charged to the purchaser, starting one week after notification of readiness for dispatch.

8.1 If the Purchaser sets the Supplier a reasonable deadline for performance after the due date, taking into account the statutory exceptions, and if the deadline is not met, the Purchaser shall be entitled to withdraw from the contract within the scope of the statutory provisions. It undertakes to declare within a reasonable period of time at the Supplier's request whether it will exercise its right of rescission.

8.2 Any further claims (for damages, etc.) of the Purchaser arising from a delay in delivery shall be excluded, unless a case specified in Clause IX (Exclusion of Liability) applies.

V. Transport and transfer of risk

1. the goods are always transported on behalf of the purchaser. 2. the risk passes to the purchaser.

(2) The risk shall pass to the Purchaser when the delivery item has left the works; this shall also apply if partial deliveries are made or if the Supplier has undertaken to perform other services (e.g. delivery, installation and assembly).

If shipment is delayed or does not take place due to circumstances for which the Supplier is not responsible or for which the Purchaser is responsible, the risk shall pass to the Purchaser on the day of notification of readiness for shipment; this shall also apply if the Purchaser is in default of acceptance for other reasons.

VI. Trial Order

If goods are provided for trial purposes, they shall be deemed to have been purchased by the Purchaser if the Supplier does not receive them back within the agreed return period. If no return period has been specified, this shall be 4 weeks. The date on the delivery bill shall be decisive. In the event of return, the Purchaser shall bear the transport, inspection and other costs incurred by the Supplier (cleaning, maintenance, repair, etc.).

VII Installation and Assembly

(1) It shall be incumbent upon the Purchaser to create the necessary conditions for proper installation and assembly of the delivery item at its premises at its own expense.

The remuneration for installation and assembly shall be based on the Supplier's price list, which shall be the subject matter of the contract and shall in principle be attached to the order confirmation or may be inspected by the Purchaser at any time, even prior to conclusion of the contract. 3.

If assembly, erection or commissioning is delayed due to circumstances for which the Supplier is not responsible, the Purchaser shall bear (at least) the additional costs required for this (waiting, travel costs, etc.) on the basis of the agreed price list.

VIII. Claims for Defects

The Supplier shall be liable for material defects and defects of title in the delivery to the exclusion of further claims - subject to Section IX (Exclusion of Liability) - as follows:

1. material defects:

1.1 Notification of defects by the Purchaser must be made in writing without delay. In doing so, the Purchaser shall provide comprehensive information on all information relevant to the Supplier for any subsequent performance that may be required (such as possible (defect) symptoms, error messages, malfunction and other documentation, type and manner of the applications carried out, device serial number, etc.).

1.2 The Purchaser may withhold payments only if a notice of defect is asserted about the justification of which there can be no doubt. The Purchaser shall have no right of retention if its claims for defects are time-barred. If the notice of defect is unjustified, the Supplier shall be entitled to demand reimbursement from the Purchaser of the expenses incurred by it (cf. also Clause 1.6).

1.3 All parts and services showing a material defect shall, at the Supplier's discretion, be repaired, replaced free of defects or provided again free of charge, provided that the cause of the defect already existed at the time of the passing of risk. Replaced parts shall become the property of the supplier.

1.4 For the performance of all repairs and replacements deemed necessary by the Supplier, the Purchaser shall, after consultation with the Supplier, provide the necessary information (Clause 1.1), time and opportunity; otherwise the Supplier shall be released from liability for the resulting consequences.

1.5 If at all and insofar as the complaint proves to be justified, the Supplier shall bear of the direct costs incurred by the repair or replacement delivery exclusively the costs of the replacement part (if applicable including transport only within Germany).

1.6 If, on the other hand, the complaint turns out to be unjustified or a case under Clause 1.10, the Purchaser shall bear all costs incurred by the Supplier as a result.

1.7.1 The place of subsequent performance shall be determined exclusively by the Supplier. In principle, subsequent performance shall take place at the Supplier's place of business or at another place determined by the Supplier which serves the purpose of subsequent performance.

1.7.2 The Purchaser shall, at its own risk and expense (transport, etc.), make the delivery item properly available to the Supplier at the place determined in accordance with Clause 1.7.1. In particular, all third-party products, accessories, add-on products, programs, data and storage media that are not part of the delivery item must be removed prior to shipment to the Supplier; in this regard, the Supplier shall not be liable for items that were not removed by the Customer or that were damaged before they arrived at the Supplier. Likewise, the delivery item must be properly prepared by the Purchaser for shipment (cleaned, completely emptied, transport locks activated, etc.) and packaged in a manner customary in the trade. The Purchaser as consignor undertakes to remove all hazardous, toxic, harmful substances with which the equipment has come into contact, absolutely residue-free, so that acceptance is safe for the Supplier as consignee.

1.8.1 Within the framework of the statutory provisions, the Purchaser shall be entitled to withdraw from the contract if the Supplier, taking into account the statutory exceptions, allows a reasonable period of time set for it for the rectification or replacement delivery due to a material defect to expire fruitlessly. If there is only an insignificant defect, the Purchaser shall only be entitled to a reduction of the contract price.

1.8.2 The right to reduce the contract price shall otherwise be excluded.

1.9 Any further claims (for damages, etc.) of the Purchaser shall be excluded unless a case specified in Clause IX (Exclusion of Liability) applies.

1.10 In particular in the following cases there shall be no claims for defects and/or no liability on the part of the Supplier:

1.10.1 Merely insignificant deviation from the agreed quality or only insignificant impairment of the usability; unsuitable, improper, excessive and other use of the delivery item not in accordance with the intended use; unsuitable and faulty assembly or commissioning by the Purchaser. 1.10.2 Defects shall be deemed to have occurred in the following cases: unsuitable and incorrect assembly or commissioning by the Purchaser or third parties; natural wear and tear; incorrect or negligent handling, improper maintenance; unsuitable operating materials (such as inadmissible heating/cooling fluids); defective construction work, unsuitable foundation soil; chemical, electrochemical, electrical, thermal and other influences interfering with the proper use of the delivery item and damage due to special external influences not assumed under the contract; non-reproducible software errors.

1.10.2 If the Purchaser or a third party carries out improper repairs, the Supplier shall not be liable for the resulting consequences. The same shall apply to any changes made to the delivery item without the prior written consent of the Supplier.

1.10.3 Repairs, third-party work and modifications of any kind not authorized in writing by the Supplier, use for a purpose other than the intended purpose, alteration, removal or manipulation of the device label or the serial number shall exclude the Supplier's liability for defects.

1.10.4 Under no circumstances shall the Supplier be liable for any damage incurred by the Purchaser or the end customer due to the unavailability of parts or due to loss of production (e.g. due to delay in delivery).

1.11 The Purchaser's claims for subsequent performance shall become statute-barred 12 months after the statutory commencement of the limitation period; the same shall apply to the above-mentioned rescission and reduction. In all other respects Clause X. (Limitation) shall apply.

2. defects of title: industrial property rights and copyrights of third parties

2.1 If the use of the delivery item leads to the infringement of industrial property rights or copyrights of third parties in Germany, the Supplier shall, at its own expense, generally procure the right for the Purchaser to continue using the delivery item or modify the delivery item in a manner reasonable for the Purchaser in such a way that the infringement of property rights no longer exists. If this is not possible under economically reasonable conditions or within a reasonable period of time, the Purchaser shall be entitled to rescind the contract. Under the aforementioned conditions, the Supplier shall also be entitled to withdraw from the contract.

2.2 The obligations of the Supplier set out in Clause 2.1 above are, subject to Clause IX (exclusion of liability), conclusive in the event of infringement of industrial property rights or copyrights. They shall only exist if the Buyer notifies the Supplier in writing without undue delay of any asserted infringements of industrial property rights or copyrights, supports the Supplier to a reasonable extent in defending the asserted claims or enables the Supplier to carry out the modification measures pursuant to Clause 2.1, all defensive measures including out-of-court settlements remain reserved for the Supplier, the Purchaser does not make any acknowledgement, the defect of title is not based on an instruction of the Purchaser and the infringement of rights was not caused by the fact that the Purchaser modified the delivery item without authorization or used it in a manner not in accordance with the contract.

IX. Exclusion of liability

(1) The Supplier shall be liable for damage not occurring to the delivery item itself - irrespective of the legal grounds - only in the following cases

1.1 in the case of intent, 1.2 in the case of gross negligence on the part of the owner/the organs or executive employees, 1.3 in the case of culpable injury to life, body, health, 1.4 in the case of defects which he has fraudulently concealed.

In case of culpable violation of essential contractual obligations, the Supplier shall also be liable in case of gross negligence of non-executive employees and in case of slight negligence, in the latter case limited to the reasonably foreseeable damage typical for the contract. 2.

2. further claims are excluded.

X. Limitation

1. all claims of the customer - irrespective of their legal basis - shall become statute-barred after 12 months.

2. the statutory periods shall apply to claims for damages according to clauses IX. 1.1 - 1.4.

XI Use of software

1. to the extent that software is included in the scope of delivery, the Purchaser shall be granted a non-exclusive right to use the delivered software including its documentation. It shall be provided for use on the delivery item intended for this purpose. Use of the software on more than one system is prohibited. 2.

The Purchaser may only copy the software to the extent permitted by law, but may not revise, translate or convert the object code into the source code. The Purchaser undertakes not to remove manufacturer's information (e.g. copyright notices) or to modify it without the Supplier's prior express consent.

3. all other rights to the software and the documentation, including copies, shall remain with the supplier or the software supplier. The granting of sublicenses is not permitted.

XII. a) Take-back in accordance with the Electrical and Electronic Equipment Act (ElektroG)

1. the sales prices do not include the costs for the return and disposal of old equipment of users other than private households within the meaning of the Electrical and Electronic Equipment Act (ElektroG).

2. upon request, the supplier shall organize the take-back and recycling/disposal of such equipment as well, insofar as it is distributed by the supplier, against reimbursement of the costs incurred.

XII. b) Take-back in accordance with the Packaging Act (VerpackG)

1. the sales prices shall be exclusive of the costs for the return and disposal of transport packaging of users other than private households within the meaning of the Packaging Act (VerpackG).

2. the customer shall be responsible for the proper disposal of the packaging produced by reusing it or handing it over to disposal facilities or disposal companies.

XIII Contractual Adjustment, Place of Jurisdiction Offenburg, Contractual Language, Choice of Law, Severability Clause, Data Protection

(1) If unforeseeable events beyond the Supplier's control (e.g. clause IV. 6.) substantially change the economic importance or the contents of the Supplies or considerably affect the Supplier's business, the contract shall be adapted taking into account the principles of reasonableness and good faith; if this is not economically justifiable, the Supplier shall have the right to rescind the contract.

(2) The place of jurisdiction for all disputes between the Supplier and the Purchaser shall be D-77656 Offenburg. At the same time, the Supplier shall be entitled to bring an action at the Purchaser's principal place of business.

The language of the contract shall be German. Insofar as the contracting parties use another language in addition, the German wording shall prevail.

(4) All legal relations between the Supplier and the Purchaser shall be governed exclusively by the law of the Federal Republic of Germany applicable to the legal relations of domestic parties, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(5) Should any clause of these Terms and Conditions be invalid, this shall not affect the validity of the other clauses. If a clause of these terms and conditions is only partially invalid, the other part shall remain valid. The parties shall be obliged to replace the invalid clause by a valid substitute provision which comes as close as possible to the economic purpose of the invalid contractual provision.

(6) The Supplier shall process personal data only in accordance with the statutory provisions and the data protection declaration available here.

Terms and conditions of purchase

1.0 Conclusion of contract, confidentiality, changes to the scope of the order.

1.1 We order on the basis of our General Terms and Conditions of Purchase. Other conditions shall not become part of the contract, even if we do not expressly object to them. If we accept the delivery/service without express objection, it may not be inferred from this under any circumstances that we have accepted your terms of delivery. These General Terms and Conditions of Purchase shall also apply to all future contractual relations with you, even if they are not expressly agreed again.

1.2 Our orders must be confirmed by you in writing within 10 days. After expiry of this period, we shall no longer be bound by them.

1.3 Only orders placed in writing are legally binding. Only the content of our written order shall be valid. Orders placed orally or by telephone require subsequent written confirmation in order to be legally valid. The same shall apply to verbal subsidiary agreements and amendments to the contract. Orders, delivery schedules as well as their amendments and supplements may - subject to prior written agreement - also be made by means of remote data transmission or machine-readable data carriers.

1.4 The conclusion of the contract shall be treated confidentially. You may only refer to business connections with us in advertising materials after our written consent.

1.5 Any samples, drawings, models, tools and the like made available to us shall be our property. We reserve all copyrights to them. They shall be returned to us free of charge without request as soon as they are no longer required for the execution of the order. They may not be used for other purposes, reproduced or made available to third parties without our written consent. Products manufactured according to our specifications or documents or with our tools may not be used by the supplier himself or by third parties without our written consent.

1.6 The contracting parties undertake to treat as business secrets all commercial or technical details which are not in the public domain and which become known to them as a result of the business relationship. In particular, the supplier undertakes to use the knowledge and experience acquired by him on the occasion of the execution of our order exclusively for the execution of orders placed by our company and not to disclose such knowledge to third parties. Subcontractors shall be bound accordingly. If one of the contractual partners recognizes that information to be kept secret has come into the possession of an unauthorized third party or that a document to be kept secret has been lost, it shall immediately inform the other contractual partner thereof. In the event of breaches of confidentiality, business secrecy and similar obligations, we expressly reserve the right to take civil or, if necessary, criminal action.

1.7 We shall be entitled to demand changes and corrections in the scope of performance and in the manner of execution, in particular such changes and corrections as are requested by us for technical reasons or approved by us, even after conclusion of the contract, provided that this is reasonable for you. Insofar as such changes and corrections are carried out by you without significant costs, they are included in the price (Section 2.1). Otherwise, changes and additions to the ordered deliveries/services, insofar as they are connected with the subject of the order in a manner corresponding to its intended purpose, shall be carried out at our request under the same conditions and on the same price basis, unless there is such a significant change in the scope of the order or the market situation that new price determinations become necessary. If such additional orders or other changes make a price reduction possible, we shall be entitled to it. In such cases, the delivery period shall be renegotiated.

1.8 Customary clauses shall be interpreted in accordance with the Incoterms valid at the time.

2.0 Prices, Shipping, Packaging

2.1 The agreed prices are fixed prices, apply free domicile and exclude subsequent claims of any kind. Costs for packaging, insurance and transport to the shipping address or place of use specified by us as well as for customs formalities and customs duties are included in these prices. The agreement on the place of performance shall not be affected by the type of pricing.

2.2 Each delivery shall be notified to us immediately after execution by means of a dispatch note which shall be precisely itemized according to type, quantity and weight. Our order number shall be indicated on dispatch notes, consignment notes, invoices and all correspondence with us.

2.3 We shall only accept the quantities or numbers of items ordered by us. Over- or under-deliveries are only permissible after prior agreement with us.

2.4 Shipment shall be at your risk. The risk of any deterioration, including accidental loss, shall thus remain with you until delivery to the shipping address or place of use requested by us. If in individual cases delivery ex works has been agreed, you shall choose the mode of transport prescribed by us, otherwise you shall be responsible for the most favorable shipment and for the correct declaration. In this case you shall also be liable for transport damage.

2.5 Your obligation to take back the packaging shall be governed by the statutory provisions. The goods shall be packed in such a way that transport damage is avoided. Packaging materials shall only be used to the extent necessary to achieve this purpose. Only environmentally friendly packaging materials may be used. If, by way of exception, we are invoiced separately for packaging, we shall be entitled to return this packaging, which is in good condition, to you carriage paid against payment of 2/3 of the invoice amount.

3.0 Invoicing and payment

3.1 Invoices shall be submitted to us separately in duplicate with all associated documents and data in proper form after delivery has been made. Invoices not properly submitted shall only be deemed to have been received by us from the time of correction.

3.2 Payment shall be made in the customary manner and - unless otherwise agreed - either within 14 calendar days with a 3% discount or after 30 calendar days net, calculated after delivery/service and receipt of invoice. Our payment shall neither constitute an acknowledgement of proper performance nor a waiver of your liability for claims based on defects.

3.3 Insofar as certificates of material tests have been agreed, they shall form an integral part of the delivery and shall be sent to us together with the invoice. However, they must be received by us no later than 10 calendar days after receipt of the invoice.

3.4 In the event of defective delivery, we shall be entitled to withhold payment in proportion to the value until proper performance. In all other respects, we shall be entitled to the full statutory rights of set-off and retention.

3.5 The assignment of claims against us shall only be effective with our written consent.

3.6 In the case of advance payments, you shall provide appropriate security, e.g. a bank guarantee, upon request.

4.0 Delivery dates, delay in delivery

4.1 The agreed delivery dates shall be binding. The receipt of the goods in the agreed quantity and quality at the place of receipt or use specified by us shall be decisive for compliance with the delivery date or the delivery period. You shall keep the delivery items, in particular in the case of blanket orders, in the form of proper warehousing which can be called off by us at any time.

4.2 If you realize that an agreed deadline cannot be met for any reason, you shall notify us in writing without delay, stating the reasons and the expected duration of the delay.

4.3 If you are in default with the delivery, we shall be entitled to the statutory claims.

4.4 In the event of earlier delivery than agreed, we reserve the right to return the goods at your expense. If no return is made in the case of early delivery, the goods shall be stored by us at your expense and risk until the delivery date. In the event of early delivery, we reserve the right to make payment only on the agreed due date.

4.5 We accept partial deliveries only upon express agreement. In the case of agreed partial deliveries, the remaining quantity shall be listed, stating the subsequent delivery date.

5.0 Warranty

5.1 Defects in the delivered goods, insofar as they can be detected during inspection in the ordinary course of business, shall be notified by us within 10 days of receipt of the goods. Defects which could not be detected during such an inspection shall be notified to us within 10 days of becoming aware of them. To meet the deadline, it is sufficient to send the notice of defects to you.

5.2 We shall be entitled to the statutory warranty claims against you. You shall be liable to us to the extent provided by law, in particular for all damages arising from the breach of a contractual obligation. In the event of subsequent performance, we shall have the exclusive right to choose between rectification of defects and new production/performance.

5.3 The limitation period for our claims and rights due to defects in the deliveries/services - irrespective of the legal grounds - shall be 4 years. This period shall also apply if the claims are not related to a defect. Longer statutory limitation periods shall remain unaffected, as shall the provisions on the commencement of the limitation period, the suspension of the running of the limitation period, the suspension and the recommencement of limitation periods.

6.0 Product liability, insurance cover

6.1 You shall indemnify us upon first request against all claims of third parties, including the costs necessary to defend against such claims, which are based on product damage caused within the Supplier's sphere of control and organization.

6.2 You shall also reimburse us for the costs of recall actions initiated by us for this reason, if necessary also as a precautionary measure.

6.3 You undertake to take out and maintain product liability insurance including the recall risk with a sum insured appropriate to the subject matter of the contract and to submit the insurance policy to us for inspection upon request.

7.0 Industrial property rights

7.1 You warrant and represent that all Deliveries are free from third party proprietary rights and, in particular, that the delivery and use of the Deliverables does not infringe any patents, licenses or other proprietary rights of third parties.

7.2 You shall indemnify us and our customers upon first request against claims of third parties arising from any infringements of industrial property rights and shall also bear all costs incurred by us in this connection.

7.3 We shall be entitled to obtain permission to use the relevant delivery items and services from the entitled party at your expense.

8.0 Retention of title

8.1 All parts (reserved goods) and tools provided by us shall remain our property. If you carry out any processing or transformation, this shall be done on our behalf. If our reserved goods are processed with items not owned by us, we shall acquire co-ownership of the newly created item in the ratio of the value of the reserved goods supplied by us to the other processed items at the time of processing. The same shall apply if an item provided by us is inseparably mixed with other items not belonging to us. If, after the mixing, the supplier's item is to be regarded as the main item, you undertake to transfer to us the pro rata co-ownership. In any case, the supplier shall keep our sole ownership and/or co-ownership for us.

8.2 All tools, parts and documents (samples, drawings, models, tool plans and the like) received from us may only be utilized by you and/or passed on to third parties or made accessible to third parties outside of this contract with our written consent. After fulfillment of the respective contract, you shall return them to us immediately at your own expense.

9.0 Final provisions

9.1 Should individual parts of these General Terms and Conditions of Purchase be legally invalid, the validity of the remaining provisions shall not be affected thereby.

9.2 You are not entitled to pass on the order or significant parts of the order to third parties without our prior written consent.

9.3 We will treat your personal data in accordance with the Federal Data Protection Act and expect this to be the case.

9.4 The place of performance and exclusive place of jurisdiction for deliveries and payments (including actions on bills of exchange and checks) as well as for all disputes arising between the parties from the contracts concluded between them shall be Offenburg, provided that you are a merchant within the meaning of the German Commercial Code (HGB). However, we reserve the right to sue you at any other admissible place of jurisdiction.

9.5 If you suspend your payments or if insolvency proceedings are instituted against your assets, judicial or extrajudicial composition proceedings, etc., we shall be entitled to rescind the contract.

9.6 The language of the contract shall be German. If the contracting parties use another language in addition, the German wording shall prevail.

9.7 The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.