Terms Of Service
§ 1 Validity of the conditions
(1) The deliveries, services and offers of the contractor (manufacturer = contractor) take place exclusively on the basis of these terms and conditions. These therefore apply to all future business relationships (in particular deliveries, services or offers to the client) between the contractor and the client, even if they are not expressly agreed again. These terms and conditions are deemed to have been accepted at the latest when the goods or services are received.
(2) The contractor's staff, in particular the ServiceCenter (hotline), is not entitled to make verbal agreements with the client in connection with the contract that deviate from the contractor's order forms (including Internet input masks) or these general terms and conditions.
(3) The terms and conditions of the client or third parties, if any, do not apply, even if the contractor objects to their validity separately in individual cases. Even if the contractor refers to a letter that contains or refers to the terms and conditions of the client or a third party, this does not constitute consent to the validity of those terms and conditions.
(4) All agreements made between the contractor and the client for the purpose of executing this contract must be made in writing, including by fax or email.
§ 2 Offer and conclusion of contract
(1) All offers of the contractor are subject to change and non-binding, unless they are expressly marked as binding or contain a specific acceptance period. Declarations of acceptance and all orders require a written, telex or email confirmation from the contractor to be legally valid.
(2) The written, telex or email contract, including these general terms and conditions, is solely decisive for the legal relationship between the contractor and the client. This fully reflects all agreements between the contracting parties on the subject matter of the contract. Verbal promises made by the contractor prior to the conclusion of this contract are not legally binding and verbal agreements between the contracting parties are replaced by the written contract / order via the Internet in the order mask provided and unless they expressly state that they continue to be binding . Additions and changes to the agreement made, including these terms and conditions, must be made in writing to be effective. With the exception of managing directors or authorized signatories, the contractor's employees are not entitled to make oral agreements that deviate from this. Transmission by fax or email is sufficient to maintain the written form. Other telecommunication channels are not sufficient.
(3) Details of the contractor on the subject matter or the presentation of the delivery or service (e.g. drawings, images, dimensions, weights or other performance data) are only approximately relevant, unless the usability for the contractually intended purpose requires an exact match. They are not guaranteed characteristics, but rather descriptions or identifications of the delivery or service. Customary deviations and deviations that occur due to legal regulations or represent technical improvements, as well as the replacement by equivalent products are permissible, provided that the usability for the contractually intended purpose is not impaired.
(4) Drawings, illustrations, dimensions, weights or other performance data are only binding if this has been expressly agreed in writing.
(5) In the case of orders with delivery to third parties, the purchaser is deemed to be the client. If the delivery is made to third parties in their favor or if the recipient of the delivery is enriched in another way by taking possession and further use of the deliveries, the purchaser and recipient of the delivery are jointly regarded as the principal. By placing such an order, the purchaser tacitly assures that he has given his consent.
(6) When ordering on the account of third parties, regardless of whether in their own name or someone else's name, the purchaser and invoice recipient are jointly the client. A later change to the invoice after invoicing to another invoice recipient at the request of the customer means that this invoice recipient implicitly assumes responsibility. By placing such an order, the customer tacitly assures that the invoice recipient has given his consent.
(7) The contractor reserves the right of ownership or copyright to all offers and cost estimates made by him, as well as drawings, images, calculations, brochures, catalogs, models and other documents as well as aids made available to the client. Without the express consent of the contractor, the client may not make these items available to third parties, either as such or in terms of content, or make them known, use or reproduce them himself or through third parties. At the request of the contractor, the client must return these items to the contractor in full and destroy any copies made if they are no longer required by him in the ordinary course of business or if negotiations do not lead to the conclusion of a contract.
§ 3 Prices, price changes
(1) The prices always include the statutory sales tax if the client is a consumer. For the consumer, only the “gross” prices are decisive. The net prices are only aimed at entrepreneurs.
(2) Unless otherwise stated, the contractor is bound to the prices contained in his written offers for 14 days from their date. Otherwise, the prices stated in the contractor's order confirmation plus the respective statutory sales tax are decisive. The prices apply to the scope of services and scope of delivery listed in the order confirmations. Additional deliveries and services, including excess, reduced and special services, will be charged separately.
(2) The prices are in euros for delivery from the Cologne office plus VAT, for export deliveries, customs, fees and other public charges.
(3) Subsequently, d. H. After the order has been accepted by the contractor, changes to the order will be invoiced. Any change to the commercial order data (recipient of the invoice, delivery address, shipping method, payment method, etc.) is also deemed to be a change to an order. Changes at the request of the client will be invoiced at a flat rate of € 11.90 including VAT (net: € 10.00), unless otherwise agreed in writing.
(4) Changes to delivered or transferred data and similar preparatory work initiated by the client will be charged separately
(5) The contractor is entitled, but not obliged, to independently carry out necessary preparatory work, in particular on the data supplied or transmitted by the client, without consulting the client, if this is in the client's economic interest or helps to meet the completion date of the order. If the client's data do not correspond to the contractor's specifications and if errors occur in the end product due to a corresponding adjustment of the print data and CD / DVD master, these will not be borne by the contractor. The client expressly declares that this work is carried out at his own risk. A complaint is therefore excluded. Such works will be calculated by the respective expenditure of time. If the client incurs additional costs that exceed ten percent of the order value (offer price), the part of the additional costs that exceeds ten percent of the order value, at least € 34.51 including VAT (net € 29.00), must be approved in advance from the client to calculate these costs.
(6) If an order is canceled by the client or if the print data is not delivered by the agreed date, a processing fee of € 17.85 including VAT (net € 15.00 ) due. If the services already provided by the contractor are above this amount, bills will be based on these services. Cancellations of orders during the status "waiting for data check" or "waiting for payment" by the client will be accepted without further checking by the contractor. In the event of cancellations by the client in a later status ("In production", "Error / complaint", "In delivery"), the contractor will check whether a cancellation is possible at all. Cancellations can only be requested by the client himself and via his customer account.
§ 4 Order execution / approval by the client
(1) The contractor executes all orders, unless otherwise agreed in writing, by fax or email, on the basis of the data supplied or transmitted by the client. The data must be delivered in the file formats specified by the contractor. The contents of the data sheets must be observed. The contractor cannot guarantee an error-free service for different file formats, unless this format has been approved in writing by the contractor. The client is fully liable for the completeness and correctness of this data, even if there are data transmission or data carrier errors, but these are not the responsibility of the contractor.
(2) Deliveries of all kinds by the client or by a third party engaged by him, this also applies to data carriers and transferred data, are not subject to any inspection obligation on the part of the contractor. This does not apply to data that are obviously unprocessable or illegible, or where expressly agreed. In the case of data transfers, the client must use the latest technical protection programs for computer viruses before they are sent. The data backup is the sole responsibility of the client. The contractor is entitled to make copies.
§ 5 Delivery and performance time, delivery area
(1) Delivery dates or periods, which can be agreed as binding or non-binding, must be made in writing.
(2) The contractor is not liable for the impossibility of delivery or for delays in delivery, insofar as these are caused by force majeure or other events that were not foreseeable at the time the contract was concluded (e.g. operational disruptions of all kinds, difficulties in material or energy procurement, transport delays, strikes, lawful lockouts , Lack of manpower, energy or raw materials, difficulties in obtaining the necessary official permits, official measures or the lack of, incorrect or late delivery by suppliers) for which the contractor is not responsible. If such events make the delivery or service significantly more difficult or impossible for the contractor and the hindrance is not only of temporary duration, the contractor is entitled to withdraw from the contract. In the case of temporary obstacles, the delivery or service deadlines are extended or the delivery or service dates are postponed by the period of the hindrance plus a reasonable start-up period. Insofar as the customer cannot be expected to accept the delivery or service as a result of the delay, he can withdraw from the contract by means of an immediate written declaration to the contractor.
(3) If the hindrance lasts longer than one month, the client is entitled, after setting a reasonable grace period, to withdraw from the part of the contract that has not yet been fulfilled. If the delivery time is extended or if the contractor is released from his obligation, the client cannot derive any claims for damages from this. The contractor can only invoke the circumstances mentioned if he notifies the client immediately.
(4) If the contractor is responsible for the non-compliance with binding agreed deadlines and dates or is in arrears, the client is entitled to compensation for arrears in the amount of ½% for each completed week of the delay, but in total up to a maximum of 5% of the invoice value of the delay affected deliveries and services. Any further claims are excluded, unless the delay is due to at least gross negligence or willful intent on the part of the contractor.
(5) The contractor is only entitled to make partial deliveries if the partial delivery can be used by the customer within the scope of the contractual intended purpose, the delivery of the remaining goods ordered is ensured and the customer does not incur any significant additional effort or costs as a result, unless the contractor declares himself to be Ready to take over these costs.
(6) The fulfillment of the delivery and service obligations of the contractor presupposes the timely and proper fulfillment of the obligations of the client. Fixed dates for the provision of services are only valid if they are confirmed by the contractor as a fixed date or a binding date. In the case of fixed deadlines, if the deadline is missed, the client has the right to withdraw from the contract immediately and free of charge. Until the time of the written notification of the withdrawal, the contractor can invoice the deliveries and services already provided and accepted by the customer, unless the customer is economically inappropriately disadvantaged by the calculation.
(7) If the contractor is in default with a delivery or service or if a delivery or service becomes impossible for whatever reason, the contractor's liability is limited to compensation in accordance with Section 17 of these General Terms and Conditions.
(8) Delivery usually only takes place within Germany, other countries only on request.
§ 6 Periodic work
The contractor will notify the client of this immediately by email. Contracts for regularly recurring work can be terminated with a notice period of at least three months at the end of a month.
§ 7 Transfer of Risk - Shipping
(1) The risk is transferred to the customer at the latest with the handover of the delivery item (whereby the start of the loading process is decisive) to the freight forwarder, carrier or other third party appointed to carry out the shipment. This also applies if partial deliveries are made or the contractor has taken on other services. If the dispatch or handover is delayed at the request of the customer or as a result of a circumstance whose cause lies with the customer, the risk is transferred to the customer with the notification of readiness for dispatch.
(2) The client bears storage costs after the transfer of risk. In the case of storage by the contractor, the storage costs amount to one percent of the invoice amount of the delivery items to be stored per week that has elapsed. The right to assert and provide evidence of additional or lower storage costs is reserved.
(3) The place of performance for all obligations arising from the contractual relationship is the contractor's registered office in Cologne, unless otherwise specified.
(4) The delivery takes place to the delivery address given by the client. A differing agreement requires the written consent of the Contractor.
(5) The dispatch takes place on account of the client.
(6) Every shipment that is externally damaged is only to be accepted by the customer, with the damage being determined by the freight forwarder / carrier. If this is not done, all claims for damages against the contractor expire.
§ 8 Rights of the client due to defects / warranty
(1) The warranty period is one year from delivery or, if acceptance is required, from acceptance.
(2) The delivered items are to be carefully examined immediately after delivery to the client or to the third party appointed by him. They are considered approved if the contractor has not received a notice of defects with regard to obvious defects or other defects that were recognizable during an immediate, careful examination within seven working days after delivery of the delivery item, or otherwise within seven working days after discovery of the defect or the time in which the customer was able to recognize the defect in normal use of the delivery item without closer examination, has been received in writing, including by fax or email. At the request of the contractor, the defective delivery item is to be returned to the contractor carriage paid. Goods returned freight collect will not be accepted. If the complaint is justified, the contractor will reimburse the cost of the cheapest shipping route; this does not apply if the costs increase because the delivery item is at a different location than that of the intended use. The inspection obligation also applies to the preliminary and intermediate products sent for correction. The risk of any errors is transferred to the client with the approval of the printing, master or production, provided that it is not a matter of errors that only arose or could be recognized in the subsequent production process and that were grossly negligent or intentional by the contractor caused. The same applies to all other release declarations by the client.
(3) Minor deviations from the original can not be objected to in any of the manufacturing processes. = Deviations from the open or folded final format); in particular for booklets, inlay cards, packs, books - slight color deviations between the inner part and cover of booklets - slight offset (up to 1 mm) of the partial UV varnish to the print motif The same applies for technical reasons to the comparison between other templates (such as e.g. proofs and printout data, even if they were created by the contractor) and the end product.
(4) Due to production reasons, it is not possible to pay attention to the direction of the paper when placing it. A slight breakage caused by this as well as deviations in the strength or stiffness of the product are to be accepted and cannot be objected to.
(5) The contractor is only liable for deviations in the quality of the material used up to the amount of the order value. The liability does not apply if the customer provides the material.
(6) If the client has not provided a printout of the print data upon request and has also not accepted a proof or print made by the contractor, the contractor is exempt from any liability. Complaints will not be accepted in this context.
(7) Defects in part of the delivered goods do not entitle the customer to complain about the entire delivery, unless the partial delivery is of no interest to the client.
(8) Excess or short deliveries of up to 10% of the ordered goods are to be accepted. This also includes waste, start-up sheets, set-up copies of further processing machines, production-related waste of the upper and lower sheets which are not sorted out.
(9) In the event of material defects in the delivered item (s), the contractor is initially obliged and entitled to repair or replace the item, at his own discretion within a reasonable period of time. In the event of failure, i. H. the impossibility, unreasonableness, refusal or unreasonable delay of the repair or replacement delivery, the client can withdraw from the contract or reduce the purchase price appropriately.
(10) If a defect is due to the fault of the contractor, the client can demand compensation under the conditions specified in § 17.
(11) In the event of defects in products / parts from other manufacturers that the contractor cannot eliminate for licensing or factual reasons, the contractor will, at his option, assert his warranty claims against the manufacturers and suppliers for the customer's invoices or assign them to the customer. Warranty claims against the contractor exist in the case of such defects under the other conditions and in accordance with these general terms and conditions only if the judicial enforcement of the aforementioned claims against the manufacturer and supplier was unsuccessful or z. B. due to bankruptcy, is hopeless. During the duration of the legal dispute, the statute of limitations of the affected warranty claims of the client against the contractor is suspended.
(12) The warranty / liability does not apply if the customer changes the delivery item or has it changed by a third party without the consent of the contractor and this makes it impossible or unreasonably difficult to remedy the defect. In any case, the client has to bear the additional costs of the removal of defects resulting from the change.
(13) Any delivery of used items agreed with the client on a case-by-case basis takes place under exclusion of any warranty.
(14) All templates handed over to the contractor will be handled carefully by the latter. Liability in the event of damage or loss is only assumed up to the value of the material. Further claims of any kind are excluded.
(15) The aforementioned limitations of liability do not apply to grossly negligent and willful behavior (see § 17).
(16) The contractor is not liable for normal wear and tear.
(17) Claims due to defects against the contractor are only available to the direct client and are not transferable.
§ 9 Retention of title
(1) The retention of title agreed below serves to secure all existing current and future claims of the contractor against the client from the supply relationship between the contractual partners for print products and services for print products, in particular layout service and distribution service (including balance claims from a supply relationship limited to this Current account relationship).
(2) The goods delivered by the contractor to the client remain the property of the contractor until all secured claims have been paid in full. The goods as well as the goods that take their place under this clause and are covered by the retention of title are hereinafter referred to as reserved goods.
(3) The client keeps the reserved goods free of charge for the contractor.
(4) The client is entitled to process and sell the goods subject to retention of title in the ordinary course of business until the realization event occurs (paragraph 9). Pledges and transfers by way of security are not permitted.
(5) If the reserved goods are processed by the client, it is agreed that the processing takes place in the name and for the account of the contractor as the manufacturer and the contractor directly owns the property or - if the processing takes place from materials of several owners or the value of the processed item is higher than the Value of the reserved goods - the co-ownership (fractional ownership) of the newly created item in the ratio of the value of the reserved goods to the value of the newly created item. In the event that the contractor does not acquire ownership of this kind, the client transfers his future ownership or - in the above. Relationship - co-ownership of the newly created thing for security to the contractor. If the reserved goods are combined with other items to form a single item or are inseparably mixed and one of the other items is to be regarded as the main item, the contractor, insofar as the main item belongs to him, transfers to the client proportional co-ownership of the unitary item as stated in sentence 1 Relationship.
(6) In the event of the resale of the goods subject to retention of title, the client hereby assigns the resulting claim against the purchaser as a precaution - in the case of co-ownership of the goods subject to retention of title, proportionally to the contractor. The same applies to other claims that take the place of the reserved goods or otherwise arise with regard to the reserved goods, such as B. Insurance claims or claims from tort in the event of loss or destruction. The contractor revocably authorizes the client to collect the claims assigned to the contractor in his own name for the account of the contractor. The contractor may only revoke this direct debit authorization in the event of realization.
(7) If third parties access the goods subject to retention of title, in particular through seizure, the client will immediately point out the ownership of the contractor and inform the contractor about this in order to enable him to enforce his property rights. If the third party is unable to reimburse the contractor for the judicial or extrajudicial costs incurred in this connection, the client shall be liable to the contractor for this.
(8) Upon request, the contractor will release the reserved goods as well as the items or claims taking their place, as far as their value exceeds the amount of the secured claims by more than 50%.
(9) If the contractor withdraws from the contract in the event of breach of contract by the client - in particular default of payment - (liquidation event), he is entitled to demand the return of the reserved goods.
§ 10 Payment
(1) Payment is made in advance (standard transfer), instant transfer, PayPal, giropay, direct debit (if your PayPal account is verified accordingly) or credit card (the contractor only accepts VISA and MasterCard). If acceptance is refused without authorization, the contractor will charge a flat-rate compensation fee of € 40.00 (net). There is no sales tax on this claim for damages (Section 249 II sentence 2 of the German Civil Code). However, the client has the opportunity to prove a lower damage, which is then taken as a basis. The contractor also has the opportunity to prove higher damage, which is then taken as a basis. The goods / the amount owed from the contract will be invoiced regardless of this.
(2) Invoices are payable immediately upon receipt without deduction, unless other terms of payment have been agreed in writing.
(3) Sales staff and technical staff are not entitled to collect cash payments; Otherwise, payments with discharging effect can only be made directly to the contractor or to a bank or postal check account specified by the latter.
(4) The contractor expressly reserves the right to reject checks or bills of exchange. Acceptance is always only as payment. Discount and bill charges are borne by the client and are due immediately.
(5) The contractor is entitled, in spite of the customer's provisions to the contrary, to initially offset payments against his older debts and will inform the customer about the type of offsetting that has taken place. If costs and interest have already arisen, the contractor is entitled to offset the payment first against costs, then against interest and finally against the main service.
(6) A payment is only considered to have been made when the contractor can dispose of the amount. In the case of checks, payment is only deemed to have been made when the check is cashed and can no longer be returned.
(7) A reasonable advance payment or security by guarantee or credit card can be requested for all orders.
(8) If the fulfillment of the payment claim is endangered due to a significant deterioration in the financial circumstances or creditworthiness of the client that became known after the conclusion of the contract, the contractor is entitled to demand advance payments, withhold the goods and stop further work. The contractor is also entitled to these rights if the client is in default of payment for deliveries based on the same contractual relationship.
(9) The client is only entitled to offset, withhold or reduce, even if notices of defects or counterclaims are asserted, if the counterclaims have been legally established or are undisputed. However, the client is also entitled to withhold due to counterclaims from the same contractual relationship.
§ 11 Billing, permits and changes
The invoices prepared by the contractor are made subject to any errors. The latter can create a new, corrected invoice no later than six weeks after receipt of the invoices by the client. Six weeks after receipt of the invoice by the customer, the invoice is deemed to have been approved by the customer, unless it is reprimanded in writing to the contractor within this period, specifying the objected invoice item. After the six-week period has expired, no change to the invoice is possible. This also applies to any changes to the invoice recipient or the invoice address. The six-week period does not affect the obligation to pay or the obligation to notify defects within the shorter period specified in these terms and conditions.
§ 12 Patents / copyrights / trademarks
(1) The contractor will indemnify the client and his customers for claims arising from infringements of copyrights, trademarks or patents and the like, unless the design of a delivery item / the data supplied comes from the client.
(2) The contractor's obligation to indemnify (as stated in § 12 (1)) is limited to the amount of the foreseeable damage. An additional prerequisite for the exemption is that the contractor is left to conduct legal disputes and that the alleged infringement is exclusively attributable to the contractor's delivery item without connection or use with other products.
(3) The contractor optionally has the right to release himself from the obligations assumed in these paragraphs by either:
(a) Obtain the necessary licenses with regard to the allegedly infringed rights (copyrights, trademarks or patents, etc.) or
(b) provides the customer with a modified delivery item or parts thereof which, in the event of an exchange for the infringing delivery item or part thereof, eliminate the allegation of infringement with regard to the delivery item.
§ 13 Industrial property rights and copyrights
The client is solely liable if the execution of his order violates the rights of third parties, in particular copyrights, trademarks or patent rights and the like. The client declares that he is in possession of the reproduction and reproduction rights for the documents submitted. The client releases the contractor from all claims by third parties due to a related violation of the law.
§ 14 Commercial Usage and Copyright
(1) In commercial transactions, the commercial customs of the printing / duplication industry apply (e.g. no obligation to surrender intermediate products such as data, lithos, glass masters or printing plates that are created for the production of the end product owed), unless a different order has been placed.
(2) The customer reserves all rights (copyright) for services provided by the contractor on behalf of the customer, in particular graphic drafts, image and text marks, layouts, etc. With his remuneration for this work, the client only pays for the work performed himself, but not for the rights to intellectual property, in particular not the right of further reproduction. The copyright can be transferred to the client or a third party for a fee if this has been agreed in writing. In this case, the rights only become the property of the client or the third party upon payment of the agreed fee.
§ 15 Confidentiality
Unless expressly agreed otherwise in writing, the information submitted to the contractor in connection with orders is not deemed to be confidential.
§ 16 Data and order documents
(1) The data received from the client due to the business transaction will only be saved for processing at the contractor's premises.
(2) All items brought in or sent by the client, in particular templates, data and data carriers, will only be archived beyond the point in time of the handover of the end product after a written agreement and for a special fee. If these are to be insured, the client has to take care of this himself in the absence of an agreement. Liability on the part of the contractor for damage or loss for whatever reason is excluded. This does not apply to grossly negligent or willful behavior (see § 17).
(3) The recovery of archived data, d. This means that the search for the data in the archive, its decompression and preparation for further processing is charged at € 35.70 including VAT (net: € 30.00) for each archived order.
(4) Data on CD / DVD and other order documents cannot be returned.
(5) Note: The client acknowledges that the contractor saves data from the contractual relationship in accordance with Section 28 of the Federal Data Protection Act for the purpose of data processing and reserves the right to transfer the data to third parties (e.g. parcel services, insurance companies) to the extent necessary for the fulfillment of the contract to transfer.
§ 17 Liability for damages due to negligence
(1) The contractor's liability for damages, regardless of the legal grounds, in particular for impossibility, delay, defective or incorrect delivery, breach of contract, breach of obligations in contractual negotiations and tort, is limited in accordance with this § 17, insofar as it is a fault in each case .
(2) The contractor is not liable
(a) in the case of simple negligence on the part of its organs, legal representatives, employees or other vicarious agents;
(b) in the case of gross negligence on the part of his non-managerial employees or other vicarious agents, insofar as there is no breach of essential contractual obligations. Essential to the contract are the obligation to timely, faultless delivery and installation as well as advisory, protection and custody obligations, which are intended to enable the client to use the delivery item in accordance with the contract or to protect the life and limb of the client's staff or third parties or the client's property from significant Purpose of damage.
(3) Insofar as the contractor is basically liable for damages in accordance with § 17 (2), this liability is limited to damage that the contractor foresaw as a possible consequence of a breach of contract when the contract was concluded or taking into account the circumstances that were known to him or that he would have known had to, should have foreseen if the due care had been exercised. Indirect damage and consequential damage resulting from defects in the delivery item are also only eligible for compensation if such damage is typically to be expected when the delivery item is used as intended.
(4) In the event of liability for simple negligence, the contractor's obligation to pay compensation for damage to property or personal injury is a maximum of double for all insured events in an insurance year (max. € 10,000,000), and a maximum of € 5,000,000 per injured person Personal injury limited, even if it is a breach of essential contractual obligations.
(5) The above exclusions and limitations of liability apply to the same extent in favor of the bodies, legal representatives, employees and other vicarious agents of the contractor.
(6) Insofar as the contractor provides technical information or acts in an advisory capacity and this information or advice does not belong to the contractually agreed scope of services owed by him, this is done free of charge and with the exclusion of any liability.
(7) The restrictions of this § 17 do not apply to the liability of the contractor due to willful behavior, for guaranteed characteristics, due to injury to life, limb or health or according to the product liability law.
§ 18 Final provisions - applicable law, place of jurisdiction, severability
(1) The place of jurisdiction for any disputes arising from the business relationship between the contractor and the client, insofar as the client is a merchant, legal entity under public law or special fund under public law, is Cologne or the seat of the client at the discretion of the contractor. Cologne is the exclusive place of jurisdiction for lawsuits against the contractor. Mandatory legal provisions on exclusive places of jurisdiction remain unaffected by this regulation.
(2) The relationships between the contractor and the client are exclusively subject to the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG) does not apply.
(3) Insofar as the contract or these General Terms and Conditions contain loopholes, those legally effective provisions shall be deemed to have been agreed to fill these loopholes, which the contractual partners would have agreed according to the economic objectives of the contract and the purpose of these General Terms and Conditions if they had known the loopholes.
(4) Should a provision in these terms and conditions or a provision in the context of other agreements be or become ineffective, this shall not affect the validity of all other provisions or agreements.
(5) The aforementioned provisions of § 18 (1) also apply if the client is an entrepreneur, but not a businessman, a legal entity under public law or a special fund under public law.