General Conditions of Sale, Payment and Delivery (General Terms and Conditions) of the Company U-Kon International GmbH

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1. Scope and general conditions

1.1. The following General Terms and Conditions of Sale, Payment Delivery (hereinafter “GTSPD”) apply to handling of all our business conducted to any enterprises within the meaning of Section 310 (1) of the German Civil Code (BGB). All our deliveries, offers and services are based solely upon these General Terms and Conditions of the Company U-kon International GmbH. This does not apply to the guidelines of VOB (Germany’s Standard Building Contract Terms) in particular Part1 and Part2.
1.2. Our GTSPD therefore apply to all our future business relationships even if they are not expressly agreed again. Our GTSPD become an integral part of the contract at the latest when the delivery is accepted. Any counter claims on the part of the customer based on his own general terms of business are here with contradicted. This also applies in the event that the customer has specified a particular form for the rejection. Our GTSPD continue apply if we are aware of GTSD used by the customer that appose or deviate from our own GTSPD and perform deliveries to the customer without any reservations. Deviations from our GTPSD shall be only effective if we acknowledge them in writing.
1.3. In the other cases the Technical Terms and Conditions included in the product-specific U-kon catalogues known to the customer shall apply to all the services and deliveries we supply.
1.4. Our sales representatives and traveling agents are not authorized to get in legal transactions for and on behalf of the company. Orders as well as additional oral arrangements regarding orders made by our sales representatives are invalid, unless they are confirmed in writing by U-kon International GmbH.

2. Application of our products, the client´s duty of information, examples of use, expert planning services, consultancy services

2.1. U-kon system profiles and their accessories are to apply in the field of metal work and facade construction. Our products are intended for processing by specialized metal manufactures familiar with the general technical regulations, in particular in the field of metal, door, window ,partition wall and facade construction who can be presumed to have knowledge of all relevant DIN standards, regulations and guidelines from guilds and quality standard associations.
2.2. U-kon accepts no responsibility and provides no guarantee regarding the products manufactured by the customer using the construction parts and accessories produced by third manufacturer.
2.3. The client is allowed to use U-kon registered trademark only when exclusively the U-kon profiles, construction parts and accessories for construction are used. The customer is not permitted to use the sign of U-kon as a part of its advertising as well as series designation or with reference to the products manufactured by the customer.
2.4. The customer has the right to use statements and information contained in our sales published material if the customer uses for manufacturing processes exclusively the U-kon profiles, construction parts and accessories.
2.5. In case the customer uses the construction parts or accessories which are not included in our range of products, the customer will be under contractual obligation to inform architects, specialist planners, building owners involved about the way of their order execution.
2.6. All the by U-kon International GmbH issued materials which contain information regarding combination, assembling regulations and processing of products as well as the reports of the already executed combination and installed plants only represent application suggestions non-based on the binding technical statements.
The customer always has to verify the documents and information critically and to appraise whether the proposals are appropriate and applicable for the customer’s intended purposes regarding the multitude installation and load cases which cannot be comprised completely in such documents. In such cases the members of staff are recommended to request our technical support.
2.7. If some additional binding information regarding re-installation of our products, building-physical features such as statics, mounting, thermally insulating, fire-resistance or shock-proof and etc. is required this shall be commissioned from the external consultants, planners and officially appointed experts. Such planning, consultations and services do not form part of our offering and contracts unless otherwise in additional contract agreed upon in writing. This will be separately reimbursed.

3. Conclusion of the contract, self-delivery, information duties in electronic commerce

3.1. All our offers are non-binding unless these are explicitly indicated as being binding .We reserve the right to carry out any technical modifications within the bounds of reason as well as adaptations of our products in order to meet the requirements of the current standardization.
3.2. By ordering merchandise the customer enters into a binding contract to willing purchase the merchandise ordered. Upon ordering an article the customer makes a binding declaration of its intent to purchase the ordered article (contractual offer).We are entitled to accept the contractual offer made in the order within two weeks after receipt of the order.. This acceptance can either take place in written or text form or by forwarding the ordered goods.
3.3. Conclusion is subject to the reservation that we receive correct and punctual deliveries from our suppliers.
The contract conclusion effected under the reservation of the correct and punctual self-supply by our supplier. This is valid only if the non-delivery not by us to be represented. We are not responsible for non-delivery in particular at the time of conclusion of a congruent covering transportation with our suppliers.
3.4. If, through no fault of our own, one of our suppliers is unable to deliver, we and the purchaser are entitled to withdraw from contract.
3.5. In the legal correspondence conducted by electronic means where acknowledgement of the receipt of the order does not yet represent a binding acceptance of the offer to form a contract unless acceptance is expressly stated in writing in the acknowledgement of receipt. The confirmation of receipt can be attached to the declaration of acceptance or the acknowledgement of the order.

4. Pricing terms, packaging, shipment, partial delivery, container size

4.1. All our prices are non-binding unless otherwise expressly agreed and confirmed in writing. All above mentioned prices are quoted in euros ex works and are exclusive of insurance, shipment, customs duties, import levies, VAT, packaging and do not include value added tax according to INCOTERMS 2010.
The value-added tax will be stated separately on the invoice at the statutory rate on the date of invoice. The valid prices shall always be those quoted in the acknowledgement of the order plus value added tax at the applicable rate. The minimum order value is € 50,00.
4.2. Transport packaging in accordance with the regulation on packaging are to be returned back to our company. Should the customer fail to return the packaging within 3 month after delivery, we are entitled to invoice packaging materials at cost. Euro pallets as well as other returnable packaging and containers shall be charged to the customer according to current price. In the case of carriage-free return and in reusable condition within 6 weeks after receipt of the delivery, they shall be credited at100% of the amount charged.
4.3. Any prices confirmed in order remain non-binding when placing a request order for similar parts.
4.4. The type of packaging and shipping itinerary are determined at our own discretion. Any specific requirements of the customer are accepted only with our prior written consent.
4.5. In the case of deliveries to foreign countries the customer is obliged to arrange for disposal of packaging at his own expense.
4.6. Unloading the delivery is responsibility of the customer and must be carried out by the customer without delay. If the customer fails to accept the agreed delivery we are entitled to exercise our legal rights.
If U-kon International GmbH claims compensation, it will be amounting 10% of the purchase prior of the not accepted goods.
4.7. If an order consists of several part deliveries, each delivery is considered as an individual transaction. We are entitled to carry out part deliveries to a reasonable extent without prior agreement.
4.8. System profiles are supplied in production length of up to approx. 6000 mm. Profiles and series accessory is delivered in packing units. All units of measure are indicated in our current pricelist and in the internet. They are available on request. In case of differing order quantities, we reserve the right to confirm and deliver the next higher packaging unit.

5. Terms of payment

5.1. Unless otherwise explicitly agreed payments must be made without deductions within 30 days of the invoice date, or with a 2% discount for payment within 10 days of the invoice date. However, discount may only be deducted as long as, there are no other outstanding invoices which are undisputed and due for payment. The customer is contractually obliged to pay the purchase price within 30 days after delivery. In case the customer does not meet the agreed payment deadline, the customer shall be considered to be default. Our representatives are not authorized to collect payments. Foreign customers are subject to separate terms and conditions for each of the services or offers defined by the current agreement. We are entitled to bill payments to the customer´s old debts, despite the customer´s deviating terms of payment. If costs and interest arise, then we have the right, first of all to charge the payment against the cost, then against the interest, and finally against the main claim.
5.2. Payments are deemed to be effected when the full amount is at our disposal. In the event of payment by means of papers which we reserve the right to accept in individual cases, payment is to be affected when the papers are cashed. The customer bears all related costs and expenses.
5.3. The customer shall be liable to pay default interest at 8% above the base interest rate in terms of § 247 BGB (German Civil Code) for the period of delayed payment unless he proves a lower interest loss. We explicitly reserve the right to claim further precisely proven default damages.
5.4. If the customer defaults on his payment obligations especially if a check or bill of exchange is not cashed or if the customer ceases payments or if other circumstance become known which question the credibility of the customer, we shall be entitled to declare the remaining debt due immediately even if checks or bills of exchange have been accepted. In this case we are entitled to request a summitry payment or advanced payment as well as to withdraw from the contract. Bills of exchange or checks are accepted only on account of payment.
5.5. The customer is only entitled to offset, withhold or reduce the payment, event claims or complaints have been put forward, when their claims are legally binding, undisputed or acknowledged by us. The customer has a right to exercise the right of retention only if his counter-claim derives from the same contractual relationship.
5.6. Unless otherwise agreed, the payments are to be made in Euro (€).

6. Deadlines for the deliveries, delivery delays

6.1. Any delivery dates or deadlines for deliveries are explicitly to be agreed. Our written confirmation of order is authoritative. Delivery periods begin on the date of agreement, however not until all relevant details have been fully clarified in respect of implementation. If the delivery has been agreed upon the customer´s planning will the delivery deadline begin only after handing over all the documents (the complete preening documents).
6.2. Compliance with the delivery deadline requires the fulfilment of the contractual duties by the customer and the customer´s supplier. Only delivery dates explicitly agreed in writing are binding for us. Any subsequent changes that we accept shall postpone agreed delivery dates by a reasonable period according to the scope of changes desired to a later date unless we have reconfirmed in writing that the originally agreed date will be met.
6.3. We do not bear liability to delivery or performance delays due to force majeure or due to events which significantly impede delivery or make delivery for U-kon International GmbH impossible – these includes strikes, lockouts, order issued by authorities, including those which occur at U-kon International GmbH suppliers or subcontractors – even if deadlines and delivery times have been agreed as binding. We are entitled to delay the delivery or performance for the duration of hindrance plus an appropriate start-up period, or to withdraw from the contract totally or partially regarding the unfulfilled part.
6.4. In case the hindrance will last longer than 2 calendar months, the customer is entitled after adequate additional time to withdraw from the not yet fulfilled part of the contract. In case the delivery is extended or we are absolved of obligations the customer is not entitled to assert any claims.
6.5. We can only refer to the circumstances quoted in the articles 6.3 and 6.4. if we immediately inform the customer of occurrence of these events.
6.6. If a fixed date of delivery has not been adhered to, the customer is only allowed to claim for damages if he has set an appropriate respite which elapsed without success. Further damage is only reimbursable to the amount of the order value. The above mentioned period of time will be extended to 4 weeks in case it concerns the goods that have been manufactured according to custom-made specifications. This restriction does not apply to fixed orders which have to be explicitly indicated as such and to the case where our senior employees or agents are of guilty of intent or gross negligence intent.

7. Supply quantities, call orders

7.1. Production related excessive or reduced quantities of up to 10% of the ordered or released quantity are considered to be standard to the industry and correspond to the delivery conditions of the contract with regards to the supply of the goods , we reserve the right to reasonable deviations in weight, quantities and dimensions attributable to production processes. A deviation of up to 10% in weights and quantity is permitted.
7.2. In the case of multiple delivery contracts we are to be notified of quantities and delivery dates when the order is placed. We reserve the right to produce the complete order volume according to our production planning at an adequate period within the agreed delivery time, except for the case of an explicitly different agreement. Once the total volume has been produced, it shall no longer be possible to make subsequent changes to the goods ordered.
7.3. The customer has a contractual obligation to divide up and accept the amount ordered during the term of the contract. In the case the ordered quantity had not been accepted by the customer, we are entitled notwithstanding further statutory right to require the acceptance and the payment of the complete remaining volume. If the customer is behind schedule with acceptance of the not delivered goods and ordered parts of the supply, the customer is considered to be in default.
7.4. In case no deadline for the calls out of the orders had been agreed on, and the customer did not call any further quantities within a usual period, we are entitled to stipulate a period for the acceptance of the next call out of that order. Notwithstanding further statutory right we are entitled to demand acceptance and payment of the remaining volume after the customer missing of that deadline.
7.5. In the case of larger, unforeseeable changes in costs or in volume during the term of call out agreement it is deemed agreed that the prices shall be adjusted by reasonable amount. This concerns in particular changes to the market price of aluminium but not limited to due to other reasonable grounds the agreed prices cannot be changed even if there is a more favourable, lower offer of the competitor available.

8. Dispatch, Transfer of risk

8.1. Unless otherwise agreed, delivery terms are “ex work” (in accordance with Incoterms 2010). Unloading the delivery is the responsibility of the costumer and must be carried out by the customer without delay. If the goods are unloaded by the driver or the latter assists with unloading, this is entirely at the risk and expense of the customer.
8.2. The risk is transferred to the customer who the goods are handed over to a forwarder, freight carrier or other person or organization determined to carry out the dispatch, but at latest as the goods leave our premises to be transported to the customer. The same applies to freight-free delivery. In case the shipment is delayed or impossible through no fault of our own, the risk is transferred to the customer upon sending of a notification of the readiness for shipment. The choice of the way of shipment is left to us unless the customer has given specific instructions in this respect. In case of damage in transit the customer has to require immediately after receipt of the shipment a legally binding certificate of damage from the shipping company respectively Bundesbahn (German Federal Railway).
8.3. We are entitled however not bound to procure transport insurance policy according RVS / SVS (shipping and cartage insurance documents). This does not apply in case the customer has informed us to be RVS/SVS forbidden customer in writing.
8.4. If the goods are to be inspected under particular conditions, the acceptance test shall take place at our premises. The customer will bear all costs arising (e.g. inspection, travel and subsistence costs). If the customer waives any acceptance test agreed upon, so the goods are considered as legal accepted as they have been to the date of the passing risk.

9. Warranty, right complaints, guarantee, returns

9.1. The quality or warranted characteristics of the objects of the contract which we are obliged to provide results exclusively from the contractual agreements entered into with the customer. Samples, brochures , specifications and other information gained from advertising material is nonbinding and does not represent a guarantee of quality or warranty characteristics within the meaning of § 443 BGB (German Civil Code). All alternations or errors in above mentioned documents are excepted. Our products illustrations are similar to the delivered goods. Any reference to technical standards serves as specification and must not be interpreted as warranty of quality. We reserve the right to make changes at any time and without prior notice to the implementation, choice and form of material which serve technical advance as far as reasonable for the customer.
9.2. We provide warranty for goods delivered by us according to the following stipulations, which contain the final regulations for warranty and which constitute no warranty in any legal sense. Manufacturing guarantees for the articles of track remain unaffected by this.
9.3. The warranty period consists of 12 month unless the product supplied has been used for a construction according to their usual method of utilization caused defectiveness. The warranty period begins with the delivery date.
9.4. If the customer fails to follow our technical instructions regarding installation, all the claims and warranties are excluded. The warranty does not apply to the deficiencies which are caused by the customer while manufacturing final products using our systems profiles, and if construction parts or other parts produced by third manufacturer are integrated in the final product.
9.5. The customer is obliged to inspect the delivered goods immediately after their receipt and to send us written detailed notice of obvious defects, incorrect deliveries as well as any differences with respect to delivery note –but at the latest within 10 days after receipt of goods. Any defects that could not be detected during the most careful inspection within this period shall be notified and described in details immediately after detection.
Any complaints as well as regarding hidden defects must be notified within 6 months after receipt of the goods. The assertion of a warranty claim will be bared if the customer fails to comply with these regulations. The customer takes full liability to proof for all claims, in particular for the deficiency itself, for the time of identifying the defect and for the punctual notification of the defect. In all other cases under section377 of the German Commercial Code (HGB) shall apply accordingly.
9.6. In the event of justifiable claims we reserve the right to deliver supplementary performance the type of which (e.g. making improvement or carrying out a replacement delivery.) is determined at our discretion. Obviously defective goods are to be left in the state in which they were identified to be defective. The customer has to refrain from further processing up to expert assessment carried out by our specialists. The goods are to be stored properly until pending clarification of matter. All costs associated with deteriorations effects of the goods resulting from improper storage conditions are charged to the customer. Should obviously defective goods continue to be utilized, taken into service or processing, then these clauses will be deemed accepted.
9.7. If the supplementary performance fails, the customer is entitled at its discretion to reduce the remuneration payment or to withdraw from the contract. In the case of a minor breach of contract especially regarding insignificant defects the customer is not entitled to withdraw from the contract.
9.8. When, following the failure of subsequent performance, the customer decides to withdraw from the contract; he is no longer entitled to any damage compensation of the defect.
In the case the customer has decided to withdraw from the contract following the failure of the subsequent performance, he will not be entitled to claim damages. If the customer chooses compensation after a failed claim, the goods shall remain with the customer it he deems it to be reasonable. Damages will amount at most to the difference between the purchasing price and the value of the faulty goods. This shall not apply if we have violated our obligations intentionally or with gross negligence.
9.9. Unless there is an explicit agreement to the contrary conditions, all our profile systems, construction parts and accessories shall be supplied exclusively as specified in the contractually agreed product description issued by U-kon International GmbH. Any public statement, any type of praising or advertising statements as well as application proposals in our promotion material are not contractually binding.
9.10. Also in the case when service provided by us is based on customer´s guidelines and instructions, the liability for the suitability of the products with regards to the intended purpose of application, their proper construction, compliance with safety regulations and the suitability of the material is excluded.
9.11. Only our immediate contract partners are entitled to any warranty claims against us and these are not transferable.
9.12. If the customer´s plans as indicated in the order, contain parameters or requirements which U-kon International GmbH considers to be critical or infeasible from a manufacturing or engineering point of view, we will notify the customer thereof by submitting a counter proposal. The customer is obliged to prove amendment, modification proposal with regards to its usability for the intended application. The customer bears liability for execution of the processes. We do not assume any assurances or liability in respect of the suitability of any suggested amendments for the customers intended use of the goods.
9.13. We do not accept returned goods with no obvious defects unless the customer has received our prior confirmation in writing. The customer bears the cost of returning the goods. For returned goods the original purchase price is credited deducting the charges of 20 % as is usual in the industry for incoming goods inspection, storage and commercial performance. We reserve the right to further deductions in respect of deprecation of the voluntarily accepted goods. The proof of lower costs is reserved to the customer.
9.14. It does not apply to the goods which were procured or made by us especially for the customer. As a general principle, goods that are specially produced or procured for the customer will not be taken back.

10. Limitation of Liability

10.1. We shall be liable in accordance with statutory provisions insofar as the customer asserts claims for compensation for damages which are based upon malice aforethought or gross negligence on our part. We are not liable to the customer in cade of contract violations of slight negligence.
10.2. In case of slight negligence of our contractual obligations, our liability will be limited to the contractually typical, foreseeable average damages related to the certain type of the product. The above limitations of liability in case of slight negligence of our contractual obligations shall also apply to out authorised representatives and their vicarious agents. Essential contractual obligations are those which are imposed on the supplier with regard the content and purpose of the contract and whose breads eopardis the achievement of the contract, also obligations whose fulfilment mainly facilitates the proper performance of the contract and the observe of which the eluent relies on. In such case our liability i9s limited to the foreseeable and typical for the contract damages under no circumstances will the maximum compensation for each typical claim exceed 50.000,00 €.
10.3. Claims for damages become time-barred within 1 year after the delivery of the goods to the costumer.
10.4. Unless stated otherwise above, any compensation claims regardless of their legal basis shall be excluded.
10.5. The above limitations on liability do not apply insofar as our liability is mandatory, based on the provision of product liability law, if life limit or health has been injured or if claims for compensations based on the absence of warranted characteristics are raised against us or if a defect has been maliciously concealed. If a guaranteed quality is absent, we bear liability only for such damages as are covered by the guarantee.
10.6. Insofar no liability is proved against us or is limited; this shall also apply to our employees, representatives, vicarious agents working on our behalf in the event of direct claims by the customer.

11. Reservation of property rights

11.1. We reserve the right to possession of goods supplied until receipt of all payments arising from the business transactions with the customer invoice, VAT, interests and costs including.
11.2. The customer is entitled to dispose of goods subject to retention as well as the goods which have been delivered within the course of ordinary business. The customer reserves the title of the goods until full payment has been made. This entitlement shall cease however if the orderer withholds payments. The customer is not entitled to pledge, assign as security, the goods subject to retention or allow access of third party to those goods. Should this be the case the customer is obliged to notify us promptly.
11.3. We bear any costs arising from any processing or transformation of the supplied goods by the customer as well as where these are mixed with other items that do not belong to us. We shall acquire accordingly right of ownership or co-ownership of the new object in proportion to the value of the goods we supplied. The customer is bound to hold the final newly created object for us free of charge. If the goods are processed with other items, of other supplier we acquire a proportional co-ownership of the new object. Should the goods supplied be processed using other objects which do not belong to us, we shall have a claim to shared ownership of the new item in a ratio of the value of the goods supplied. As far as we become owners or co-owner of the new object created while processing or transforming or by the intermixture, the regulations applying to goods delivered under retention of title will apply accordingly to this new item and to our co-ownership share.
11.4. The customer hereby assigns to us, conditionally as of time of arising all the claims resulting from the resale (including VAT). In the event that the goods are resold by the customer together with other goods which do not belong to us, then the assignment of the claims resulting from the resale only applies to the value of the goods sold. If the third party´s obligations exceed the amount of our claim, then the claim against the third party´s purchaser will only be transferred to us if they correspond to the value of the reserved goods.
11.5. For the agreed period of time, all of the above mentioned assignments shall not be communicated to the third party purchaser. The customer shall be authorized until further notice to collect the receivable claims. Any collected amounts are to be immediately transferred to us. The customer is not entitled to dispose of the claim in another way e.g. by assignment we have the right any time to expire the authorization to collect claims and to collect the claims ourselves. However we undertake not to exercise the right to authorization provided the customer complies with his payment obligations. The customer is obliged to inform its customer of the assignment. The customer is also obliged to hand over our company on request the name of the purchaser, amount of the claims and to provide us with all the required information necessary for the enforcement of the transferred receivables.
11.6. In the event of a customer´s behaviour being contrary to the terms of agreement – in particular default in payment or other breaches as stipulated in the articles 1. and 2., or an application for the initiation of insolvency or arbitration proceedings has been made, or there is cessation of payment then we are entitled to withdraw from the contract and to take back the goods delivered. We shall be entitled to inspect the goods in our possession at any time at the location in which they are held. The customer is obliged to handle the goods with care, in particular, the customer shall insure the goods and provide upon request evidence on that insurance which has been taken out. If we assert our claim to surrender of the goods after withdrawing from the contract, the customer hereby grants us irrevocable permission to take back goods in our ownership, regardless of whether they have been processed or not and to enter the premises where the goods are located in order to do so. After withdrawal from contract all the efforts of assert the claims remain unaffected.
11.7. In the case of payment of purchase price by check or bill of exchange or retention of title will not already cease to exist at the time that the customer´s check or bill of exchange is honoured but only at the time when the last refinancing paper is cashed.
11.8. The retention of title in accordance with above conditions shall also remain valid when individual or entire our claims have been included in an all outstanding invoice and the balance is stated and acknowledged. The customer is obliged to handle the goods with care and to insure them adequately at his on expense and for the value when new, against usual risks in particular against such as theft. The customer must inform us immediately of any levies of execution or other seizures by the third parties such as receivable assigned or claims to the merchandise. In the case of seizure we have to be provided with a copy of the bailiff´s return and at the same time, the bailiff has to be informed that the goods are seized as well as the claims are subject to our prolonged and extended reservation of title.

12. Property rights, copyright

12.1. If the product is manufactured according to prescribed requirements of the customer, the customer takes responsibility for not infringing the property rights of third party during manufacturing process. If claims are asserted against us by third parties owning the fact the goods manufactured or delivered infringe property right, the customer is obliged to absolve us from any liability towards third parties. In such cases we will only file for litigation in order to avert claims, if the customer requests us to do so and confirms in writing his willingness to assure the law costs caused hereby. In such cases we reserve the right to require security to refund the law costs.
12.2. We reserve all ownership rights, patent rights, design rights and copyright in respect of images, drawings, designs, constructions, cost estimates and other documentations. Our constructive performances and proposals for the design and manufacturing of aluminium profiles and storefronts can only be used by the customer for the contractually agreed purpose. All the documents are to be treated confidentially and may not be passed to the public, without our prior written consent. This in particular applies to any documents designated “confidential”. Our express written consent is required before such documents may be disclosed. The customer shall expressly acknowledge all intellectual property rights accruing us.

13. Manufacturing equipment, tools

13.1. Manufacturing equipment (tools, moulds, master plats, manufacturing facilities) are goods used for manufacturing of the ordered profiles due to their specific requirements and application of which facilitate the manufacturing process of the ordered items. Unless otherwise agreed the customer bears all the costs resulting from production in total or in part. The costs shall be invoiced to the customer separately from the price of product supplied.
13.2. We shall bear the costs for maintenance and proper storage as well as the risk of any damage to or destruction of manufacturing equipment. In the event of the essential replacement productions caused by the damage resulting from wear, then the articles 13.1 applies accordingly.
13.3. We shall safeguard free of charge any means of production within 2 years after they were delivered to our contractual partner. Once this period expires we will grant to comment on the future storage within 6 weeks. The storage period expires if no comments or new orders have been placed within the six weeks period. This article applies accordingly in case a new order has been placed within above mentioned period of time.
13.4. The customer does not acquire ownership of the manufacturing goods even if the costs for products are completely or partially covered by the customer. The customer has the right to deduct the value from payment if the supplier despite of repeated written notice provided again low quality goods or become unable to deliver.
13.5. The contracting parties shall be obliged to treat as business secrets all non-obvious business and technical details provided by the parties in the course of their mutual contractual business relations. Any technical drawings, models, templates, patterns may not be passed to third parties or made accessible in any other way. The duplication of such items is only permissible within the scope of operational requirements or copyright law.

14. Data protection

14.1. The processing of the business operations is supported by data processing system. Once received customer´s data (address, delivered items, quantities, prices, payment, stored cancelations of order etc.) shall be recorded and stored until the end of the contractual relationship. The customer shall be informed accordingly of the data storage.
This complies with the provisions of data protection law in particular §§ 27 ff. 33
14.2. We are entitled to transmit our customer´s data received from our customers in the course of the business relationship to the credit insurer to take out a policy.

15. Place of performance and jurisdiction

Place of fulfilment is Bielefeld. Place of performance contractual or non-contractual liabilities including legal actions on checks and bills of exchange resulting from the contractual relationship shall be the competent court in Bielefeld. However, we also have the right to sue at the domicile of the customer (including foreign countries).

16. Governing Law

16.1. In addition to the terms of contract the legal relations between domestic parties are also governed exclusively by the law of the Federal Republic of Germany. Under exclusion of the UN-Convention on Contracts for International Sale of Goods (CISG).
16.2. Should one or more of the above stated clauses be or become invalid, it / they shall not affect the validity of the remaining regulations.