{"id":8817,"date":"2020-11-16T10:57:47","date_gmt":"2020-11-16T09:57:47","guid":{"rendered":"https:\/\/www.teplast.de\/agb-2\/"},"modified":"2023-05-02T10:34:52","modified_gmt":"2023-05-02T08:34:52","slug":"agb-2","status":"publish","type":"page","link":"https:\/\/www.teplast.de\/en\/agb-2\/","title":{"rendered":"AGB"},"content":{"rendered":"

Gene\u00adral Terms and Condi\u00adti\u00adons of Sale and Contract for Work<\/h1>\n<\/div>

1. Scope of appli\u00adca\u00adtion, conflic\u00adting purchase (order) terms and conditions<\/strong><\/p>\n

1.1. These terms and condi\u00adti\u00adons apply to all our deli\u00adveries, work deli\u00adveries and contract proces\u00adsing busi\u00adness. They also apply to custo\u00admers. We object to any conflic\u00adting terms and condi\u00adti\u00adons of purchase or order of the custo\u00admer; they shall not be binding on us even if they claim exclu\u00adsive vali\u00addity or are intro\u00addu\u00adced in a decla\u00adra\u00adtion of intent of the custo\u00admer subse\u00adquent to our letter of offer or order confir\u00adma\u00adtion and we do not object to them again. These terms and condi\u00adti\u00adons shall be deemed accepted by the custo\u00admer at the latest upon receipt of our deli\u00advery (the order goods).<\/p>\n

1.2.\u202fA waiver of the vali\u00addity of these terms and condi\u00adti\u00adons or indi\u00advi\u00addual clau\u00adses thereof or the reco\u00adgni\u00adtion of conflic\u00adting gene\u00adral terms and condi\u00adti\u00adons of the custo\u00admer or indi\u00advi\u00addual clau\u00adses thereof shall only be legally effec\u00adtive if we have set this down in writing in our order confir\u00adma\u00adtion. Even if these terms and condi\u00adti\u00adons are waived or if the customer\u2019s terms and condi\u00adti\u00adons of purchase\/order are accepted, the provi\u00adsi\u00adons of these terms and condi\u00adti\u00adons on reten\u00adtion of title (Clause 8, Para\u00adgraphs 1-5), on the exclu\u00adsion of claims in the event of inter\u00adrup\u00adtion of opera\u00adti\u00adons through no fault of our own and fail\u00adure to deli\u00adver (Clause 4, Para\u00adgraph 1, Sentence 2), on the appli\u00adca\u00adble law and on the place of juris\u00addic\u00adtion (Clause 12, Para\u00adgraphs 1-2) shall form part of the contract, unless we have also waived them by expressly naming these clauses.<\/p>\n

1.3. If both contrac\u00adting parties insist on the exclu\u00adsive vali\u00addity of their Gene\u00adral Terms and Condi\u00adti\u00adons and if the customer\u2019s appr\u00adoval of these terms and condi\u00adti\u00adons cannot be infer\u00adred from any other circum\u00ads\u00adtances arising from his conduct at the time of conclu\u00adsion or perfor\u00admance of the tran\u00adsac\u00adtion or from an ongo\u00ading busi\u00adness rela\u00adti\u00adonship, but if the contrac\u00adting parties nevert\u00adhel\u00adess perform the tran\u00adsac\u00adtion by delivery\/performance of work and services and accep\u00adtance thereof, the contract shall be deemed to have been concluded to the exclu\u00adsion of the Gene\u00adral Terms and Condi\u00adti\u00adons of both parties with the content speci\u00adfied in our order confir\u00adma\u00adtion and in the provi\u00adsi\u00adons of the law rela\u00adting to contracts for sale or contracts for work. Also in such cases, the trans\u00adfer of owner\u00adship of the deli\u00advered goods is subject to full payment of the purchase price.<\/p>\n

2. Writ\u00adten form<\/strong><\/p>\n

2.1. Inso\u00adfar as these terms and condi\u00adti\u00adons require writ\u00adten decla\u00adra\u00adti\u00adons, faxes and noti\u00adfi\u00adca\u00adti\u00adons prin\u00adted out by EDP shall also be suffi\u00adci\u00adent for this form within the scope of what is custo\u00admary in the trade.<\/p>\n

3. Conclu\u00adsion of the contract<\/strong><\/p>\n

3.1. Our offers are always subject to confir\u00adma\u00adtion; contrac\u00adtual obli\u00adga\u00adti\u00adons shall only arise \u2013 even in the event of prior agree\u00adment of a tran\u00adsac\u00adtion by tele\u00adphone \u2013 upon receipt of our writ\u00adten order confir\u00adma\u00adtion by the custo\u00admer. Our sales repre\u00adsen\u00adta\u00adti\u00adves are only autho\u00adri\u00adzed to initiate, not to conclude contracts.<\/p>\n

4. Deli\u00advery time, deli\u00advery disrup\u00adti\u00adons, partial deli\u00adveries, trans\u00adfer of risk<\/span><\/strong><\/p>\n

4.1. Deli\u00advery times are stated in the order confir\u00adma\u00adtion in weekly dates; they are only binding if we assure this in writing. In the event of opera\u00adtio\u00adnal disrup\u00adti\u00adons of any kind for which we are not respon\u00adsi\u00adble, as well as a lack of supply of raw mate\u00adri\u00adals for which we are not respon\u00adsi\u00adble, the deli\u00advery peri\u00adods shall be suspen\u00added; if the period is excee\u00added for a longer period, we and \u2013 after setting a grace period \u2013 the custo\u00admer shall be entit\u00adled to with\u00addraw from the contract. Claims for dama\u00adges due to late or non-deli\u00advery or claims other than claims for return are excluded \u2013 except in cases of intent and gross negli\u00adgence. This exclu\u00adsion of liabi\u00adlity does not apply to injury to life, limb or health. If design docu\u00adments, models, samples or the like are requi\u00adred by the custo\u00admer for the execu\u00adtion of a delivery\/work order, the deli\u00advery period shall only commence upon their receipt.<\/span><\/p>\n

4.2. We are entit\u00adled to make partial deli\u00adveries. Tools remain our property in all cases, even if the custo\u00admer has assu\u00admed a share of the costs. Devia\u00adti\u00adons from the orde\u00adred quan\u00adti\u00adties are permis\u00adsi\u00adble up to 10% upwards and down\u00adwards, because such devia\u00adti\u00adons cannot always be avoided for tech\u00adni\u00adcal reasons. If deli\u00advery on call is agreed, we shall be gran\u00adted reasonable produc\u00adtion peri\u00adods from the time of the call.<\/span><\/p>\n

4.3. The risk of acci\u00adden\u00adtal loss or acci\u00adden\u00adtal dete\u00adrio\u00adra\u00adtion of the goods deli\u00advered or of goods entrus\u00adted to us for proces\u00adsing (finis\u00adhing) under a contract for work and services shall pass to the addres\u00adsee \u2013 even if the trans\u00adport is carried out by us or by forwar\u00adding agents commis\u00adsio\u00adned by us \u2013 when the goods leave our premi\u00adses in Ahaus.<\/span><\/p>\n

5. Prices, price due date, trans\u00adport costs, payment modalities<\/strong><\/p>\n

5.1. The purchase price or compen\u00adsa\u00adtion for work shall be set out in our order confir\u00adma\u00adtion; in the case of dome\u00adstic tran\u00adsac\u00adtions, the statu\u00adtory VAT shall always be added \u2013 even if this was over\u00adloo\u00adked in the order confir\u00adma\u00adtion \u2013 which we shall show sepa\u00adra\u00adtely in our invoice in accordance with the requi\u00adre\u00adments of \u00a7 14 UStG (Value Added Tax Act). If, outside a period of 4 months from the conclu\u00adsion of the contract but prior to the execu\u00adtion of the contract, statu\u00adtory levies or fees which burden the move\u00adment of goods or make work perfor\u00adman\u00adces more expen\u00adsive (in parti\u00adcu\u00adlar VAT, customs duties, compen\u00adsa\u00adtion amounts, currency, freight char\u00adges) or tariff wages increase, we shall be entit\u00adled to increase the price by the addi\u00adtio\u00adnal impu\u00adted costs to be proven by us; the same shall apply to the purchase of neces\u00adsary input mate\u00adri\u00adals in the case of contracts whose execu\u00adtion or partial execu\u00adtion is not plan\u00adned until 7 months after the conclu\u00adsion of the contract.<\/p>\n

5.2. Our prices are net prices plus the respec\u00adtive appli\u00adca\u00adble statu\u00adtory value added tax.<\/p>\n

5.3. Invoices shall be due for payment without deduc\u00adtion 30\u202fdays after the invoice date; in the event of default, we shall charge inte\u00adrest at a rate of 2% p.a. above the respec\u00adtive appli\u00adca\u00adble prime rate (\u00a71D\u00fcG), at least. but 8% p.a. If we are able to prove a higher damage caused by delay, we are entit\u00adled to claim it. Subcon\u00adtrac\u00adting and repair work shall be paya\u00adble imme\u00addia\u00adtely upon receipt of the invoice (without gran\u00adting a discount).<\/p>\n

5.4. Unless deli\u00advery free buyer has been agreed, our prices do not include trans\u00adport costs and insu\u00adrance of the goods to be trans\u00adpor\u00adted, which shall be borne by the buyer. In the absence of special instruc\u00adtions, we shall be free to choose the means of trans\u00adport. We insure the goods only on the basis of appro\u00adpriate insu\u00adrance poli\u00adcies \/request of the custo\u00admer at his expense.<\/p>\n

5.5. Checks are accepted on account of perfor\u00admance, subject to their being hono\u00adred. We are not liable \u2013 except in case of gross negli\u00adgence \u2013 for the delayed presen\u00adta\u00adtion of checks.<\/p>\n

6. Mate\u00adrial and proces\u00adsing defects, obli\u00adga\u00adti\u00adons to give notice of defects, warranty, limi\u00adta\u00adtion of liability<\/strong><\/p>\n

6.1. The custo\u00admer shall inspect the goods deli\u00advered or the goods proces\u00adsed by us to the extent custo\u00admary in the trade upon their arri\u00adval and shall imme\u00addia\u00adtely \u2013 at the latest within 8 working days \u2013 notify us in writing of any mate\u00adrial or proces\u00adsing defects. Hidden defects must be repor\u00adted no later than 8 working days after the disco\u00advery of the defect. Devia\u00adti\u00adons in quan\u00adtity, dimen\u00adsion and type shall also be deemed to be mate\u00adrial defects (\u00a7 378 HGB). Any possi\u00adbi\u00adlity to give notice of defects shall end at the latest upon the occur\u00adrence of the statu\u00adtory limi\u00adta\u00adtion period for warranty claims under purchase agree\u00adments or contracts for work and services.<\/p>\n

6.2. At our request, the custo\u00admer shall permit the inspec\u00adtion of the goods which are the subject of the complaint and shall not make any chan\u00adges to them by means of further proces\u00adsing, instal\u00adla\u00adtion or other opera\u00adtio\u00adnal use until a decis\u00adion has been made on the acceptance\/rejection of the complaint. In the event of culpa\u00adble breach of these custo\u00admer obli\u00adga\u00adti\u00adons, any warranty shall lapse. In cases of doubt, the custo\u00admer must prove the iden\u00adtity of the item deli\u00advered (proces\u00adsed) by us with the item complai\u00adned about.<\/p>\n

6.3. In the event of proven material\/processing defects, we shall be entit\u00adled, at our discre\u00adtion, to make a repla\u00adce\u00adment deli\u00advery, rectify the defect or issue a credit note compen\u00adsa\u00adting for the redu\u00adced value\/rectification expen\u00addit\u00adure. The custo\u00admer shall only be entit\u00adled to assert other statu\u00adtory warranty claims after a repla\u00adce\u00adment delivery\/rectification has failed. If compen\u00adsa\u00adtion for dama\u00adges due to non-fulfill\u00adment or delayed fulfill\u00adment or due to posi\u00adtive breach of contract comes into conside\u00adra\u00adtion, we shall only be liable \u2013 except in the case of intent or gross negli\u00adgence \u2013 up to the amount of the sales value of the deli\u00advered goods or up to three times the compen\u00adsa\u00adtion for work; compen\u00adsa\u00adtion for dama\u00adges that are not inher\u00adent to the deli\u00advered item or the item proces\u00adsed by us (conse\u00adquen\u00adtial harm caused by a defect) shall be excluded, unless we are liable under manda\u00adtory statu\u00adtory provi\u00adsi\u00adons of product liabi\u00adlity law. These limi\u00adta\u00adti\u00adons of liabi\u00adlity do not apply to injury to life, limb or health. Indi\u00adrect damage and conse\u00adquen\u00adtial damage as a result of defects in the deli\u00advery item shall only be eligi\u00adble for compen\u00adsa\u00adtion if such damage is typi\u00adcally to be expec\u00adted when using the deli\u00advered item as intended.<\/p>\n

6.4. Damage to items delivered\/worked on by us which are caused by unsui\u00adta\u00adble use, faulty assem\u00adbly, impro\u00adper commis\u00adsio\u00adning by the custo\u00admer, natu\u00adral wear and tear, exces\u00adsive stress, use of unsui\u00adta\u00adble opera\u00adting equipment\/tools or other circum\u00ads\u00adtances in the customer\u2019s sphere of opera\u00adtion over which we have no control shall not be subject to the warranty under the purchase contract or the contract for work and services.<\/p>\n

6.5. Bearing, dimen\u00adsio\u00adnal checks and resi\u00addual stresses\/water absorption<\/strong><\/p>\n

6.5.1. Prefa\u00adbri\u00adca\u00adted parts must not be stored outdoors. Expo\u00adsure to sunlight, atmo\u00adsphe\u00adric oxygen and humi\u00addity can have a lasting nega\u00adtive effect on the mate\u00adrial proper\u00adties (e.g. fading and\/or oxida\u00adtion of the surface, water absorp\u00adtion, etc.). In the case of direct sunlight or one-sided heating, there is a risk of perma\u00adnent distor\u00adtion due to ther\u00admal expan\u00adsion and released resi\u00addual inter\u00adnal stresses.<\/p>\n

6.5.2. Dimen\u00adsio\u00adnal checks are to be carried out imme\u00addia\u00adtely after receipt of goods only if the products are at room tempe\u00adra\u00adture (\u2248+20\u00b0C) when deli\u00advered. Products with higher or lower tempe\u00adra\u00adtures can lead to incor\u00adrect measu\u00adred values due to expan\u00adsion or shrin\u00adkage of the plas\u00adtic as a result of tempe\u00adra\u00adture influence. Products that are too warm\/cold should be tempo\u00adr\u00ada\u00adrily stored in a dry place and brought to room temer\u00ada\u00adture before dimen\u00adsio\u00adnal control.<\/p>\n

6.5.3. Plas\u00adtics and finis\u00adhed parts made from them are products which, due to their manu\u00adfac\u00adtu\u00adring proces\u00adses, may be subject to resi\u00addual stres\u00adses in the mate\u00adrial despite anne\u00adal\u00ading. These have a tendency to relax when stored over a longer period of time under the influence of tempe\u00adra\u00adture (e.g. due to sunlight). Poly\u00adami\u00addes also have the tendency to absorb water at eleva\u00adted humi\u00addity, which causes an increase in volume. These proces\u00adses are usually asso\u00adcia\u00adted with dimen\u00adsio\u00adnal chan\u00adges and warpage. Despite the most careful manu\u00adfac\u00adtu\u00adring of the products, we cannot provide a guaran\u00adtee with regard to the perma\u00adnent dimen\u00adsio\u00adnal accu\u00adracy and free\u00addom from distor\u00adtion of finis\u00adhed parts for the above reasons. For long-term storage of finis\u00adhed parts, we recom\u00admend storing them in closed cartons under constant condi\u00adti\u00adons (\u2248normal climate +23\u00b0C\/50% RF). The dimen\u00adsio\u00adnal and shape chan\u00adges to be expec\u00adted are then mini\u00admal and do not usually affect the func\u00adtional performance.<\/p>\n

7. Property assu\u00adrance, consul\u00adting, mate\u00adrial testing<\/strong><\/p>\n

7.1. Special charac\u00adte\u00adristics of the object of sale shall only be warran\u00adted by us at the express request of the custo\u00admer and shall only be warran\u00adted if we have expressly mentio\u00adned this in our order confir\u00adma\u00adtion. If deli\u00advery in accordance with DIN has been agreed, this shall be deemed to be a mere speci\u00adfi\u00adca\u00adtion of quality (without warranty in accordance with sentence 1).<\/p>\n

7.2. The exami\u00adna\u00adtion of the suita\u00adbi\u00adlity of the deli\u00advered or proces\u00adsed goods for the own opera\u00adtio\u00adnal use or further proces\u00adsing purpo\u00adses as well as the selec\u00adtion of the quality is the sole respon\u00adsi\u00adbi\u00adlity of the custo\u00admer. Any advice or recom\u00admen\u00adda\u00adti\u00adons by us are made to the exclu\u00adsion of any liabi\u00adlity; in this respect, we do not assume any contrac\u00adtual colla\u00adte\u00adral obligations.<\/p>\n

7.3. For claims for dama\u00adges by the custo\u00admer in the absence of warran\u00adted charac\u00adte\u00adristics or in the event of claims arising from a breach of our obli\u00adga\u00adti\u00adons pursu\u00adant to Section 6.3, the limi\u00adta\u00adti\u00adons of liabi\u00adlity set forth ther\u00adein shall apply.<\/p>\n

8. Reten\u00adtion of title<\/strong><\/p>\n

8.1. All deli\u00advery items shall remain our property until full payment of our purchase prices (inclu\u00adding those arising from earlier or subse\u00adquent tran\u00adsac\u00adtions) or claims for wages against the custo\u00admer and any ancil\u00adlary claims (e.g. inte\u00adrest on arre\u00adars, remin\u00adder char\u00adges). The reten\u00adtion of title shall also apply to claims not yet due or defer\u00adred as well as to claims which we hold or acquire against the custo\u00admer on legal grounds other than a purchase\/work delivery\/work contract, in parti\u00adcu\u00adlar in the event of repla\u00adce\u00adment of the afore\u00admen\u00adtio\u00adned claims by abstract check claims. The custo\u00admer shall be entit\u00adled to dispose of the reser\u00adved goods in the ordi\u00adnary course of busi\u00adness, in parti\u00adcu\u00adlar to resell or further process them, until revo\u00adked by us. The resale of the goods subject to reten\u00adtion of title shall not be deemed to have been made in the ordi\u00adnary course of busi\u00adness if the custo\u00admer excludes the assi\u00adgna\u00adbi\u00adlity of its claims against the secon\u00addary custo\u00admer (\u00a7 399 BGB), makes such assign\u00adment depen\u00addent on the consent of the secon\u00addary custo\u00admer or expo\u00adses its claim to a right of set-off by the secon\u00addary custo\u00admer. In the afore\u00admen\u00adtio\u00adned cases, the customer\u2019s right of dispo\u00adsal over the goods subject to reten\u00adtion of title shall not be gran\u00adted by us from the outset; it shall also be deemed revo\u00adked if the custo\u00admer beco\u00admes insol\u00advent or insol\u00advency procee\u00addings are filed against its assets. The right to revoke the power of dispo\u00adsal for other reasons \u2013 which do not require justi\u00adfi\u00adca\u00adtion \u2013 is reser\u00adved. If the customer\u2019s power of dispo\u00adsal is or is deemed to be revo\u00adked, we shall be entit\u00adled to assert our claim for return of title without the need for a prior remin\u00adder or setting of a dead\u00adline; the custo\u00admer waives in advance the objec\u00adtion of having conflic\u00adting rights of posses\u00adsion from the previous purchase \/ work deli\u00advery contract.<\/p>\n

8.2. Any proces\u00adsing or treat\u00adment of the goods subject to reten\u00adtion of title at the customer\u2019s premi\u00adses shall be carried out on our behalf, without the custo\u00admer being entit\u00adled to any claims for compen\u00adsa\u00adtion for work against us as a result. If a new item or mate\u00adrial entity is crea\u00adted by combi\u00adning the goods subject to reten\u00adtion of title with parts that are not our property, we shall acquire a co-owner\u00adship share in this in the ratio of our invoice value for the goods subject to reten\u00adtion of title to the produc\u00adtion or purchase value of the third-party parts. The provi\u00adsion of the prece\u00adding para\u00adgraph (1) senten\u00adces 3-6 of these Terms and Condi\u00adti\u00adons shall apply muta\u00adtis mutan\u00addis to the Buyer\u2019s right to resell items (aggre\u00adga\u00adtes of items) in which we have co-ownership.<\/p>\n

8.3. The custo\u00admer assigns to us in advance \u2013 in the case of co-owned goods propor\u00adtio\u00adna\u00adtely in the value ratio of para\u00adgraph (2) sentence 2 \u2013 the claims against the second purcha\u00adser arising from the resale of goods subject to reten\u00adtion of title (exten\u00added reten\u00adtion of title). If the goods subject to reten\u00adtion of title have increased in value at the custo\u00admer through proces\u00adsing or other finis\u00adhing measu\u00adres, the advance assign\u00adment shall be limi\u00adted to the amount of our invoice value plus 10\u202f% thereof. The custo\u00admer shall not assert the non-assi\u00adgned parts of the claim to our disad\u00advan\u00adtage. The custo\u00admer shall remain autho\u00adri\u00adzed in the ordi\u00adnary course of busi\u00adness to coll\u00adect the claims assi\u00adgned to us in advance, subject to revo\u00adca\u00adtion of this autho\u00adrity to coll\u00adect at any time and without justi\u00adfi\u00adca\u00adtion or noti\u00adfi\u00adca\u00adtion of the assign\u00adment to the secon\u00addary custo\u00admer by us. If the custo\u00admer has assi\u00adgned the claims arising from the resale of goods subject to reten\u00adtion of title (co-owner\u00adship) in favor of third parties (in parti\u00adcu\u00adlar lending banks) earlier than to us, this shall not be deemed to be a sale in the ordi\u00adnary course of busi\u00adness. If the custo\u00admer wishes to sell the claims arising from the resale of goods subject to reten\u00adtion of title (co-owner\u00adship) to a third party assum\u00ading the del credere risk (genuine facto\u00adring), the effec\u00adti\u00adve\u00adness of this sale shall depend on our prior writ\u00adten consent, other\u00adwise the dispo\u00adsal \u2013 like\u00adwise always in the case of sale of claims assi\u00adgned by us in advance in favor of a third party not assum\u00ading the del credere risk or assum\u00ading it only to a limi\u00adted extent (non-genuine facto\u00adring) \u2013 of the claim to which we are entit\u00adled shall not be deemed to have been made in the ordi\u00adnary course of busi\u00adness. All to us.<\/p>\n

8.4. The custo\u00admer shall notify us imme\u00addia\u00adtely of any seizure or other impair\u00adment by third parties of our goods subject to reten\u00adtion of title or of the claims (parts of claims) assi\u00adgned to us in advance arising from their resale. Upon request, the custo\u00admer shall permit access to its busi\u00adness premi\u00adses for the purpose of ascer\u00adtai\u00adning, iden\u00adti\u00adfy\u00ading, sepa\u00adra\u00adtely storing or remo\u00adving the goods subject to reten\u00adtion of title. The custo\u00admer under\u00adta\u00adkes to provide us with the infor\u00adma\u00adtion requi\u00adred for the asser\u00adtion of pre-assi\u00adgned claims against secon\u00addary custo\u00admers and to make available to us copies of the evidence requi\u00adred for this purpose from its busi\u00adness records.<\/p>\n

8.5. Inso\u00adfar as our rights from simple or exten\u00added reser\u00adva\u00adtion of title 6\u202fin conjunc\u00adtion with any other secu\u00adri\u00adties in rem gran\u00adted to us by the custo\u00admer exceed our claims from the busi\u00adness rela\u00adti\u00adonship in terms of value by more than 10\u202f%, we shall release secu\u00adri\u00adties of our choice at the request of the customer.<\/p>\n

9. Set-off, right of retention<\/strong><\/p>\n

9.1. Offset\u00adting against our payment claims shall be excluded unless the coun\u00adter\u00adclaims of the custo\u00admer are acknow\u00adled\u00adged by us or have become res judi\u00adcata. The custo\u00admer shall not be entit\u00adled to exer\u00adcise a right of reten\u00adtion on account of coun\u00adter\u00adclaims arising from a contrac\u00adtual rela\u00adti\u00adonship other than the speci\u00adfic contrac\u00adtual relationship.<\/p>\n

10. Elimi\u00adna\u00adtion of the obli\u00adga\u00adtion to pay in advance<\/strong><\/p>\n

10.1. In the case of agreed deli\u00adveries (partial deli\u00adveries), we shall be entit\u00adled to demand perfor\u00admance upon coun\u00adter-perfor\u00admance against cash payment or the provi\u00adsion of suffi\u00adci\u00adent secu\u00adri\u00adties if, after conclu\u00adsion of the contract, circum\u00ads\u00adtances become known which give rise to fears that our claim to payment will be jeopar\u00addi\u00adzed. The follo\u00adwing shall be deemed to be a threat to claims: cheque protests and default in payment on the part of the custo\u00admer after two unsuc\u00adcessful remin\u00adders from us; in these cases, all our claims against the custo\u00admer shall become due imme\u00addia\u00adtely. If the buyer refu\u00adses the perfor\u00admance upon coun\u00adter-perfor\u00admance or the gran\u00adting of secu\u00adri\u00adties, we shall be entit\u00adled, at our discre\u00adtion, to with\u00addraw from the contract or to claim dama\u00adges for non-performance.<\/p>\n

11. Property rights<\/strong><\/p>\n

11.1. The custo\u00admer is liable to us for the free\u00addom of the orde\u00adred deli\u00adveries and services from possi\u00adble (protec\u00adtive) rights of third parties. In this respect, the custo\u00admer shall indem\u00adnify us against all claims arising ther\u00ade\u00adf\u00adrom and shall be obli\u00adged to pay damages.<\/p>\n

12. Data protection<\/strong><\/p>\n

12.1. For the purpose of credit checks, B\u00fcrgel Wirt\u00adschafts\u00adin\u00adfor\u00adma\u00adtio\u00adnen GmbH & Co. KG, Post\u00adfach 500 166, 22701 Hamburg, Germany, will provide us with the address and credit\u00adwort\u00adhi\u00adness data stored in its data\u00adbase rela\u00adting to you, inclu\u00adding data deter\u00admi\u00adned on the basis of mathe\u00adma\u00adti\u00adcal-statis\u00adti\u00adcal methods, provi\u00added that we have credi\u00adbly demons\u00adtra\u00adted our legi\u00adti\u00admate interest.<\/p>\n

12.2. For the purpose of deci\u00adding on the estab\u00adlish\u00adment, imple\u00admen\u00adta\u00adtion or termi\u00adna\u00adtion of contrac\u00adtual rela\u00adti\u00adonships, we coll\u00adect or use proba\u00adbi\u00adlity values, the calcu\u00adla\u00adtion of which includes address data.<\/p>\n

13 Appli\u00adca\u00adble law, place of jurisdiction<\/strong><\/p>\n

13.1. The contrac\u00adtual rela\u00adti\u00adons with the custo\u00admer are subject to the law of the Fede\u00adral Repu\u00adblic of Germany.<\/p>\n

13.2. The place of juris\u00addic\u00adtion for all dispu\u00adtes arising from bila\u00adte\u00adral commer\u00adcial tran\u00adsac\u00adtions (inclu\u00adding actions on checks) shall be Ahaus. We are also entit\u00adled to sue the custo\u00admer before the court respon\u00adsi\u00adble for his place of business.<\/p>\n

Teplast Herbert Terbrack GmbH & Co KG<\/strong><\/p>\n

Septem\u00adber 2019<\/strong><\/p>\n<\/div>

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