24939 Flensburg, Germany
Phone: +49 (0) 461 - 44035
Fax: +49 (0) 322 24399 800
E-mail address: email@example.com
Managing Director: Rüdiger Hinrichs
Place of business / court of jurisdiction: Flensburg
VAT identification number: DE219972278
Responsible for contents: self-administered
We are very pleased about your interest in our company Systemic® - CAD & FootMILL® -CAD. Here we explain the approach in our companies in 2 different ways.
1. Collection of personal data in the context of the order and production process acc. Article 13 Data Protection Primary Care.
In order to provide you with the right products, we will receive personal data from your customers.
These include, in connection with the supply of aids, for example the customer name / number or / and corresponding body dimensions, as well as 2D and 3D data with images.
You agree that the data will be processed for your order. If you require a customized product, it may be necessary to forward your data to other product manufacturers. If you do not agree to the processing of your data or forwarding to the manufacturer, such a supply can not be provided.
Your data will be used exclusively for the purpose of order processing / order identification.
Forwarding to third parties or use for other purposes does not take place.
The data storage corresponds to the statutory storage periods.
We will gladly send you further information about our company, its services or products. However, this will only be done if there is a separate permission to do so.
Regarding your personal data, you have the right to information, correction, deletion, restriction and data portability, and the right of appeal to a data protection supervisory authority.
1. Content of the online offer
The author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided on our website. Liability claims against the author, which refer to damages of material or ideal kind, caused by the use or non-use of the presented information or by the use of incorrect or incomplete information, are in principle excluded, provided that the author is not demonstrably intentional or grossly negligent Fault. All offers are non-binding. The author expressly reserves the right to change, amend, or delete parts of the pages or the entire offer without prior notice, or to temporarily or permanently terminate the publication.
2. References and links
In the case of direct or indirect references to third-party websites ("hyperlinks"), which lie outside the responsibility of the author, a liability obligation would only come into force in the case in which the author is aware of the contents and is technically possible and reasonable , To prevent the use in case of illegal contents. The author hereby expressly declares that at the time of linking no illegal content was recognizable on the pages to be linked. The author has no influence on the current and future design, content or origin of the linked / linked pages. Therefore, he hereby expressly dissociates himself from all contents of all linked pages, which have been changed after the link setting. This statement applies to all links and references set within the author's own internet site, as well as to foreign entries in guestbooks, discussion forums, link lists, mailing lists set up by the author, and in all other forms of databases. Liability for illegal, incorrect or incomplete contents, and in particular for damages resulting from the use or non-use of such provided information, is the responsibility of the provider of the page to which reference was made, not the person who merely refers to the respective publication via links.
3. Copyright and trademark law
The author endeavors to observe the copyrights of the images, graphics, sound documents, video sequences and texts used, to use his own pictures, graphics, sound documents, video sequences and texts, or to access license-free graphics, sound documents, video sequences and texts , All brands and trademarks mentioned within the Internet site and possibly protected by third parties are subject without restriction to the provisions of the respectively valid trademark law and the rights of ownership of the respective registered owners. The mere naming does not lead to the conclusion that trademarks are not protected by third-party rights! The copyright for published objects created by the author remains solely with the author of the pages. Reproduction or use of such graphics, sound documents, video sequences and texts in other electronic or printed publications is not permitted without the express consent of the author.
If the possibility exists for the input of personal or business data (email addresses, names, addresses) within the Internet site, the user is given this data voluntarily. The use and payment of all offered services is - as far as technically possible and reasonable - also without specification of such data or under specification of anonymised data or a pseudonym. The use of contact data such as postal addresses, telephone and fax numbers and e-mail addresses published by third parties for the transmission of information not expressly requested is not permitted. Legal action against the senders of so-called spam mails in the case of violations of this prohibition are expressly reserved.
5. Legal validity of this disclaimer
Shipping and payment
I. Scope of application
1. The following conditions of sale apply to all contracts concluded between the buyer and us regarding the delivery of goods. By placing the order and accepting the goods delivered by us the customer confirms his agreement with our conditions. They shall also apply to all future business relations, even if they are not expressly agreed again. Deviating conditions of the buyer, which we do not expressly acknowledge, are not binding for us, even if we do not expressly contradict them. The deviating conditions are hereby expressly contradicted. The following terms and conditions of sale also apply if we carry out the purchaser's order unconditionally in the knowledge of conflicting or differing conditions of the buyer.
2. Other agreements, amendments and sub-agreements shall be subject to written confirmation.
3. In the contracts all agreements made between the buyer and us for the execution of the purchase contracts are written down in writing.
II. Offer and Conclusion of Contract
1. An order of the buyer is the offer to conclude a purchase contract. We may accept this within two weeks by sending an order confirmation or by sending the ordered products within the same period.
2. Our offers are free and non-binding, unless we have expressly designated them as binding. The scope of our performance is determined solely by our written order confirmation.
3. Our documents, drawings, measurements and weightings on which the offer or order confirmation is based are only to be understood as approximation values unless they are expressly designated as binding.
4. All illustrations, calculations, drawings and other documents, materials, models, samples and specifications are subject to our proprietary, copyright and other proprietary rights. The purchaser is only allowed to pass these on to third parties with our written consent, irrespective of whether we have identified these as confidential. This does not apply if your production is invoiced separately. We are entitled to refer to our company in a suitable way on our company.
5. Models, designs or similar, which are handed over to us, automatically become our property. If models are handed over to us in trustee form and should be protected for the individual customer, the written notification of the delivering customer is essential. A further use of these models for other customers is then excluded.
6. Obvious errors, printing, calculation, writing and calculation errors are not binding for us and give the customer no claim for damages.
7. We reserve the right to make changes to the design, as well as other changes to technical data and performance features, in so far as they serve the technical progress
III. Prices and terms of payment
1. Our prices are valid ex works without packaging, unless stated otherwise in the order confirmation. Our prices do not include VAT. This is stated separately in the statutory amount on the date of the invoice in the invoice. The cost of the packaging is calculated according to our choice.
2. In principle, deliveries are only effected against COD or advance payment in the currency "EURO", unless a different method of payment is granted in the order confirmation or invoice. A deposit of 60% will be charged for systems, software and hardware in excess of EUR 3,000.00, and the remaining 40% shall be due no later than 14 days after delivery.
3. All orders shall be based on the prices and rebates applicable at the time of delivery. A discount deduction is only permissible with a special written agreement between us and the buyer. This written agreement comes, for example, For example by our confirmation of order.
4. Deliveries against invoice must be expressly agreed. The purchase price is then payable net (without deduction) immediately upon receipt of the invoice with the purchaser for payment, insofar as no other payment destination results from the order confirmation. A payment is only deemed to have taken place if we can dispose of the amount. In the case of check payments, the payment is deemed to have taken place when the check is cleared and credited. We are not obliged to accept bills of exchange.
5. If the buyer is in default with the payment, the statutory provisions apply.
6. All our claims against the buyer are due immediately if a payment term is not met or the buyer violates other contractual agreements or we become aware of circumstances which are suitable to reduce the creditworthiness of the buyer. Furthermore, in such a case, we are entitled to carry out outstanding deliveries only against prepayment or security, even if otherwise agreed. After setting a reasonable deadline, we are also entitled in this case to withdraw from the contract or to demand compensation for non-compliance. We may also prohibit the resale of the goods subject to retention of title, demand their return or the transfer of the indirect possession at the expense of the buyer and revoke a collection authorization.
7. The buyer is only entitled to set-off, even if claims of defect or counterclaims are asserted, if the counterclaims have been legally established, recognized by us or are not disputed. The buyer is only entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.
IV. Delivery and service time
1. Delivery dates or deadlines, which were not expressly agreed as binding, are exclusively non-binding information. The delivery time stated by us begins only when technical questions and execution details are clarified.
2. The buyer has to fulfill all obligations to him properly and in time. The agreed delivery period shall be extended - without prejudice to our rights of default on the part of the purchaser - by the period by which the buyer is in default with his obligations under this or another agreement. This also applies if a fixed delivery date has been agreed.
3. If the underlying purchase contract is a fixed transaction i.S.v. § 286 para. 2 no. 4 BGB or § 376 HGB, we are liable according to the legal regulations. The same shall apply if, as a result of a delay in delivery for which we are responsible, the buyer is entitled to assert the continuation of his interest in the further fulfillment of the contract. In this case, our liability is limited to the foreseeable, typically occurring damage. The limitation of liability does not apply if the delay in delivery is due to a fault of our intentional breach of contract, where fault is attributable to our representatives or agents.
Likewise we are liable for late delivery in accordance with the statutory provisions if this is due to a willful or grossly negligent breach of contract, with us one of our representatives or agents is attributable. Our liability is limited to foreseeable, typically occurring damage if the delay in delivery is not due to a fault of our intentional violation of the contract.
4. In the event that a delay of delivery for which we are responsible is based on the culpable breach of a material contractual obligation, which is attributable to our representatives or vicarious agents, we shall be liable in accordance with the legal provisions, provided that in this case the liability for damages shall be limited to: The foreseeable, typically occurring damage is limited.
5. In all other cases, the Purchaser shall be entitled, in the event of a delay in delivery for which we are responsible, to pay a flat-rate compensation for each completed week of default. 0.5% of the delivery value, but not more than 5% of the delivery value.
6. Any further liability for a delay of delivery for which we are responsible is excluded. The remaining legal claims and rights of the buyer which are due to him in addition to the claim for damages due to a delay in delivery for which we are responsible shall remain unaffected.
7. We are entitled to partial deliveries and partial services at any time, as far as this is reasonable for the customer.
8. Delivery dates are deemed to have been met if the goods have left our factory within the prescribed period.
9. Events of force majeure entitle us to postpone the delivery for the duration of the hindrance and a reasonable start-up time or to withdraw from the contract due to the unfulfilled portion of the contract. In the case of force majeure, strike, lock-out and other circumstances are the same, which make delivery substantially more difficult or impossible for us, irrespective of whether they occur with us or a supplier. The buyer can demand from us the declaration, whether we want to resign or deliver within a reasonable period. If we do not explain, the buyer can withdraw.
10. If the buyer is in default of acceptance, we are entitled to demand compensation for the damage incurred and any additional costs. The same applies if the purchaser culpably violates cooperation obligations. Upon the occurrence of the acceptance or debtor default, the risk of accidental deterioration and accidental loss will pass to the buyer.
V. Transfer of risk - shipping / packaging - delivery
1. Shipping and shipment, if no prohibition of the buyer is present, assured at the risk and expense of the buyer. We will endeavor to take account of the wishes and interests of the buyer with respect to the method of dispatch and dispatch; Any additional costs resulting therefrom - even with agreed delivery of freight - shall be borne by the Purchaser. The selection of the means of transport and the dispatch route is carried out with the exclusion of all liability.
2. With the handover to the forwarding agent, freight carrier or customer as a pick-up, but at the latest with leaving the factory or the warehouse, any risk passes to the buyer.
3. In the case of delivery with installation or assembly at the place of the buyer, the transfer of risk shall be carried out on the day of the takeover in own operation or, if agreed upon, after faultless trial operation. If the dispatch, the delivery, the beginning, the execution of the assembly or assembly, the takeover in own operation or the trial operation is delayed by reasons for which the purchaser is responsible or the customer is in default of acceptance for other reasons, Delivery to the customer.
4. We do not take back transport and all other packaging in accordance with the Packaging Ordinance; Except pallets. The purchaser shall provide for disposal of the packaging at his own expense.
5. If shipment is delayed at the request or due to the fault of the buyer, we store the goods at the expense and risk of the buyer. In this case the display of the readiness for shipment is the same as the dispatch.
6. The minimum order value for shipping deliveries is 100 EURO (without VAT) in Germany, abroad 250 EURO. In the case of small deliveries for orders with a minimum order value, processing costs in the amount of 50 EURO (without VAT) will be billed in addition to packaging and shipping costs. Dispatch deliveries abroad are made under the above- Minimum order value not executed.
7. The ordering of special products as well as orders in quantities and dimensions, which are not part of our catalog, require the written form by the buyer. If necessary, a down payment must be made. If custom-made products are commissioned in larger quantities, the delivery may be exceeded or exceeded by an appropriate number (generally ± 10%). Shipping packaging is always charged at the cost price.
VI. Warranty / Liability
1. In the contractual relationship with full-time merchants and between companies, we guarantee the freedom of our products for a period of one year.
2. On milling spindles and other wearing parts, we provide a warranty for 6 months of defects. This warranty period of 6 months also applies to milling spindles, which are integrated in a machine system.
3. We give application engineering advice to the best of our knowledge. However, all information and information on suitability and application of our goods are non-binding and do not exempt the purchaser from his own calculations, tests and trials. The buyer is responsible for observing legal and official regulations when using the goods. We shall only be liable for the suitability of the goods for a specific purpose if this is expressly assured in writing.
4. Subject to the following regulations and the regulations in section VIII and IX.-, we provide the following warranty for material defects with the exclusion of further claims:
5. Claims for defects by the buyer as a full buyer shall exist only if the buyer has properly complied with his obligation to investigate and complain pursuant to § 377 HGB. Other buyers have to lodge the complaint in writing within 10 days after receipt of the goods. This applies in business dealings with non-merchants only in so far as they are obvious defects. Rügen can only be taken into account if the goods are still in the state of the delivery.
6. In case of justified complaints, we are entitled to withdraw from the contract or to reduce the purchase price (reduction) or to supplementary performance to the exclusion of the rights of the buyer, unless we are entitled to refuse the supplementary performance due to the legal regulations. The buyer has to grant us a reasonable deadline for subsequent performance. The supplementary performance can be made at our discretion by removing the defect (reworking) or delivery of a new product. In the event of the correction of the defect, we shall bear the necessary expenses, insofar as they do not increase because the object of the contract is located in a place other than the place of fulfillment. If the supplementary performance has failed, the buyer may, at his discretion, demand a reduction of the purchase price (reduction) or declare the rescission of the contract. The improvement shall be deemed to have failed with the second vain attempt, unless further attempts at subsequent improvement are reasonable on the basis of the object of the contract and the buyer is reasonable. Claims for damages to the following conditions due to the defect can only be asserted by the buyer if the supplementary performance failed. The right of the purchaser to assert further claims for damages under the following conditions shall remain unaffected.
7. A return of the complained goods is only permitted with our consent. Returns must be made in original or equivalent packaging. The freight costs must be paid by the buyer. Reimbursement will only take place in the event of a justified complaint. If the customer makes a check of the goods delivered to us and if we make a mistake for which we are liable, we charge a processing fee for each checked device if it is found that there is no defect.
8. The warranty claims of the purchaser expire one year after delivery of the goods to the buyer, unless we have concealed the defect fraudulently; In this case, the statutory provisions apply. Our obligations under section VI para. 9 and Section VI, 10 shall remain unaffected.
9. We are obligated to take back the new product or to reduce (reduce) the purchase price without the otherwise required deadline according to the statutory provisions if the buyer of the buyer as a consumer of the sold new movable object (consumer goods purchase) To demand the withdrawal of the goods or the reduction (reduction) of the purchase price or the purchaser is held against a similar recourse claim. In this case, we are also obliged to compensate for expenses incurred by the buyer, in particular transportation, travel, work and material costs incurred by the customer in relation to the final customer in the context of the supplementary performance due to a defect of the goods To bear. The claim is excluded if the purchaser has not duly fulfilled his obligation to investigate and complain pursuant to § 377 HGB.
10. The obligation pursuant to Section VI, 9 is excluded in so far as it is a defect due to advertising or other contractual agreements which are not ours or if the buyer has given a special guarantee against the final consumer. The obligation is also excluded if the buyer himself was not obliged by the statutory provisions to exercise the warranty rights against the final consumer or did not make this complaint against a claim entrusted to him. This also applies if the purchaser has taken over warranty claims which go beyond the statutory limit.
11. We shall be liable regardless of the following liability limitations according to the statutory provisions for damage to life, body and health, which are based on negligent or willful breach of duty by us, our legal representatives or our vicarious agents, as well as damages resulting from the liability according to the Product liability law. We shall be liable for damages which are not covered by sentence 1 and which are based on intentional or grossly negligent breaches of contract as well as fraudulent intentions by us, our legal representatives or our vicarious agents. In this case, however, the liability for damages shall be limited to the foreseeable, typically occurring damage insofar as we, our legal representatives or our vicarious agents have not acted deliberately. To the extent to which we have given a quality and / or durability warranty with regard to the goods or parts thereof, we are also liable under this guarantee. For damages which are based on the absence of the guaranteed condition or durability, but do not occur directly on the goods, we are only liable if the risk of such damage is clearly covered by the condition and durability guarantee.
12. Any further liability is excluded, without regard for the legal nature of the asserted claim, in particular also for tortious claims or claims for reimbursement of futile expenses instead of the performance; Without prejudice to our liability under section IV, 6 to Section IV, 10 of this contract. As far as our liability is excluded or restricted, this also applies to the personal liability of our employees, employees, employees, representatives and vicarious agents.
13. Damage claims of the buyer due to a defect shall lapse one year after delivery of the goods. This does not apply in the case of our own legal representatives, our legal representatives or our vicarious agents, or if our legal representatives have deliberately or grossly negligently acted, or if our simple vicarious agents have acted deliberately.
14. In addition, we do not assume any liability for damages resulting from the following reasons: unsuitable and improper use or storage, faulty assembly by the customer or third parties, unauthorized attempts at repair and alterations, natural wear and tear, faulty or negligent handling, chemical influences, electrical Influences ect. On which we have no influence, as well as in case of non-compliance with the instructions and non-observance of our operating instructions and catalog pages. In addition, the warranty expires if the customer or third parties have made changes without the prior written consent of us and without any other authorization (default by us in the rectification of errors), in particular to control systems / software, even if the error occurs in an unchanged part.
15. In the case of legal deficiencies, the use of the delivery item leads to infringement of industrial property rights or copyrights domestically, we shall, at our expense, in principle grant the customer the right or modify the delivery item in a reasonable manner for the customer that the infringement is no longer present , If this is not possible at economically reasonable conditions or within a reasonable period, the customer is entitled to withdraw from the contract. Under these conditions, we also have the right to withdraw from the contract. In addition, we will release the customer from undisputed or legally established claims.
16. The above obligation from us is subject to the above liability clause for the case of the infringement of copyright and copyright. The obligation under item 15 exists only if the customer immediately informs us about alleged infringements of copyright and copyrights, the customer assists us to an appropriate extent in the defense of the asserted claims or allows us to modify all defenses, including out - of - court regulations Shall not be based on a customer's instruction and the infringement is not caused by the customer having altered the product delivered by himself or using it in a non-contractual manner.
VII. Repairs and repairs / Servicehotline / Maintenance updates
1. If the purchaser submits a cost estimate before repairs are carried out, this is expressly stated. Costs for shipping and packaging shall be borne by the purchaser. The invoice amount for repairs is to be paid immediately without any deductions. Repairs, even in the context of guarantee services, are always carried out in our plant, unless there is another written agreement.
2. Withdrawal of delivered goods is possible only after consultation and agreement, taking into account corresponding discounts. Custom-made products and software are in principle excluded from the return!
The delivery note or the invoice copy must be enclosed with all returns or returns. The costs of returning the goods shall be borne by the purchaser and shall be "free domicile".
3. On-line consulting, which is not justified with guarantee or adjustment services for new purchase, will be charged with 1.50 EURO per minute.
4. A service maintenance contract is required for updates and further maintenance, but this is obligatory for our main customers at the moment
1. Unless otherwise agreed in writing, assembly work shall be remunerated separately. The assembly costs include, in particular, travel expenses, daily tripping as well as the usual billing rates for working hours and supplements for multiple, night, sun and holiday work, for work under difficult circumstances as well as for planning and monitoring.
2. The costs for preparation, travel, waiting time and travel time are charged separately. If the installation or commissioning is delayed without our fault, the customer shall bear all costs for the waiting period and for further necessary trips.
3. At the customer's expense, the customer shall provide the necessary personnel with the necessary tools in the required number. Furthermore, the customer provides sufficiently large, suitable, dry and lockable rooms for the storage of machine parts, apparatus, materials, tools, etc. In order to protect our property and assembly personnel, he must take the necessary measures to protect his own property. If the particular nature of the customer's operation requires special protective clothing and protective devices for the assembly personnel, he shall also make this available.
4. Our assembly personnel and their vicarious agents are not authorized to carry out work which is not carried out in compliance with our obligation to supply and erect the assembly or assembly of the delivery item or are arranged without consultation with us by the customer or a third party. We are not liable for such work not attributable to our area of responsibility.
If the assembly is carried out by the customer or by a third party commissioned by him, then our respective valid operating and assembly regulations must be observed.
IX. Software, software use and supplementary warranty and deficiency claims
1. The customer shall receive a non-exclusive, non-transferable and non-exclusive right of use for software of any kind and the corresponding documentation on a specific hardware product to be determined in individual cases. We retain copyright and all other industrial property rights. The right to reproduce duplicates is provided only for the purpose of data backup. Copyright notices may not be removed.
2. We provide installation and commissioning instructions with appropriate safety instructions for their software in printed form. All further documentation is provided only in the form of software data. The corresponding necessary software data are also sent with the subsequent delivery of new software releases. We are also entitled to provide the documentation by means of online help or online documentation.
3. In any case, our prior written consent must be given to a third party. In the case of transfer of software for the purpose of the resale, the recognition of this condition by third parties shall be ensured. Changes are not permitted.
4. In the case of a breach of these provisions, the customer shall pay a contractual penalty of 10 times the value of the contract for each infringement. Any further damages claims remain unaffected. This contractual penalty shall be attributed to any claims for damages. The customer is entitled to prove that a lesser or no damage has occurred. In this case, the software and the associated documents must be returned immediately.
5. The above conditions do not apply to a software developed exclusively according to the customer, on the basis of a customer specification. This software developed within the framework of the complete control, developed by us using modular software modules created by us for a variety of applications (standard software modules), customized and adapted to the contractual performance requirements (customer - specific application program).
6. With the complete payment of the purchase price for the customer-specific application program, we hereby assign the customer the exclusive, spatial and temporally unlimited right of use, without the customer being entitled to the individual standard software module on which the customer-specific adaptation is based ,
7. Notwithstanding these provisions, we reserve the right, on the basis of this development, to create and offer customer-specific software solutions resulting from other tasks of other customers. We always have a simple right to use the customer-specific solutions for internal business purposes.
8. Subject to the provisions in section VI, we assume the guarantee for the proper duplication of our software. Software from us is usable on hardware products specified by us. The fulfillment of the warranty shall be by way of a replacement delivery. Furthermore, no guarantee is assumed for the faultlessness of the software and its data structure, unless otherwise agreed in writing. For customer - specific software, we provide warranty for the conformity with the functional and performance characteristics specified in the specification, the order confirmation, the documentation or the jointly defined work and process descriptions. We can not guarantee that the programs will be free from errors in their use in all applications provided by the customer, in particular not for those that were not known or tested at the time of the creation / acceptance.
X. Property reservation
1. The delivered goods (reserved goods) remain our property until the fulfillment of all claims, including all balance claims from current account, which are to us against the buyer now or in the future. In the case of the purchaser's contravening conduct, e.g. Payment delay, we have the right to withdraw the reserved goods after prior notice of a reasonable period. If we withdraw the reserved goods, this constitutes a withdrawal from the contract. If we pledge the reserved goods, this is a withdrawal from the contract. We are entitled to use the reserved goods after the return. After deduction of an appropriate amount for the realization costs, the recovery proceeds shall be offset against the amounts owed to us by the Purchaser.
2. The purchaser shall handle the reserved goods carefully and insure them at his own expense against fire, water and theft damage at his own expense. Maintenance and inspection work, which is required, shall be carried out by the purchaser in good time at his own expense.
3. The buyer is entitled to sell and / or use the reserved goods properly in the course of business, as long as he is not in arrears with payment. Pledges or collateral assignments are inadmissible. The buyer is already fully liable for the claims arising from the resale or any other legal basis (insurance, tort) with respect to the reserved goods (including all claims on balances from current account); We accept the assignment. We hereby authorize the purchaser to revoke the claims assigned to us for his account in his own name. The authorization can be revoked at any time if the buyer does not properly fulfill his payment obligations. The buyer is also not authorized to assign this claim by way of factoring, unless the obligation of the factor is justified to effect the consideration in the amount of the claims directly to us as long as claims from us Against the buyer.
4. Any processing or conversion of the reserved goods by the purchaser will in any case be undertaken for us. If the conditional commodity is processed with other items not belonging to us, we acquire the co-ownership of the new item in the ratio of the value of the reserved goods (invoice amount including VAT) to the other processed items at the time of processing. The same applies to the new goods which are produced by processing. In the case of inseparable mixing of the reserved goods with other items which we do not belong to, we shall acquire co-ownership of the new item in the ratio of the value of the reserved goods (invoice amount including VAT) to the other mixed items at the time of the mixing. If the buyer is to be regarded as the main item as a consequence of the mixing, the buyer and we agree that the buyer transfers us proportionate co-ownership to this item; We hereby accept the transfer. The purchaser shall keep our sole or co-ownership of a property for us.
5. In the case of access by third parties to the reserved goods, in particular pledges, the buyer shall point out our property and notify us immediately so that we can enforce our proprietary rights. If the third party is not in a position to reimburse us in this case judicial or extra-judicial costs, the buyer is liable for this.
6. We are obliged to release the collateral to which we are entitled insofar as the realizable value of our collateral exceeds the claims to be secured by more than 10%, the choice of collateral to be released shall be the responsibility of us.
XI. Place of performance, jurisdiction, applicable law
1. The place of performance and jurisdiction for deliveries and payments (including checks and bills of exchange) as well as for all disputes arising between us and the buyer arising from the purchase contracts concluded between us and him is the customer Vollkaufmann, a legal person of public law or a Or its domicile or business headquarters outside the Federal Republic of Germany, the court of our commercial headquarters is located in D - 24939 Flensburg. However, we are also entitled to sue the buyer at his place of residence and / or business.
2. Relations between the contracting parties shall be governed exclusively by the law applicable in the Federal Republic of Germany, excluding all bilateral and multilateral agreements, in particular the application of the UN purchase law shall be excluded.
XII. final provisions
1. If our goods are exported by our customers to areas outside the Federal Republic of Germany, we shall not be liable if our proprietary rights infringe third parties' rights. The buyer is obliged to compensate for the damage caused by the export of goods which are not expressly supplied by us for export.
2. Should provisions of these general terms and conditions prove invalid, this shall not affect the validity of the remaining provisions. The customer and we will replace the invalid regulations with new provisions, which are legally permissible and which are as close as possible to the legal and economic purpose pursued.
3. Changes and additions to these General Terms and Conditions must be made in writing in order to be effective. Cancellation of the written form requires the written form.
All data required for the processing of the business relationship are stored and processed by the seller under consideration of the Federal Data Protection Act.