Terms & Conditions
I. Validity and conclusion of contract
1. These conditions apply for all deliveries and services to which we bind ourselves by contract, unless otherwise stated in the offer and the confirmation of order. Within the context of ongoing business connections, the conditions shall also apply for future transactions, even if these conditions ar no longer expressly agreed upon. In addition, our price list in its respective relevant version shall apply.
2. Subject to individual contractual agreements, exclusively the provisions as stated in I.1. shall become applicable. Other provisions shall not become subject terms of contract, even if not expressly contradicted by us.
3. Our offers are subject to change. In any case, they shall expire 45 days after the date of offer. Offers shall be effective for the country where the enquiring party, respectively the orderer is domiciled. The enquiring party, respectively orderer shall account for all disadvantages and liabilities resulting from the use of the delivery item outside this country. A contract shall only become effective by means of our order confirmation in writing. The scope of our services shall be finally determined by our written order confirmation and its written attachments. Subsidiary agreements and modifications shall only become effective upon our written confirmation thereof. In the event that no confirmation of order is issued, the agreement shall be deemed to be concluded on the basis of the order as well as these general terms and conditions, if we commence execution of the order.
4. Concerning our fulfilment of contract regarding the parts of delivery which are subject to national export regulations, we express the reservation that we are issued the necessary authorisations.
5. Documents submitted by us or any information given by us, such as illustrations, drawings, declarations of weight or measurements shall only be binding if we expressly declare them to be part of the contract or expressly refer to them.
6. We reserve our propriety rights and copyrights regarding samples, preliminary estimates of costs, drawings, documentations and similar information, material or nonmaterial – also in electronic form. They may not be made accessible to third parties without our prior written consent.
7. Written form can neither be replaced by simple electronic form nor by qualified electronic form.
8. These general terms and conditions are not intended for the use by consumers.
II. Prices and payment
1. Our prices are applicable ex works plus package costs and turnover tax ( VAT) in the respective statutory rate.
a) For deliveries within the European Union, the orderer shall submit his VAT registration number in due time before the contractual delivery date agreed upon, in order to prove his exemption from turnover tax. In the event of failure to completely deliver this information in due time, we reserve ourselves the right to charge the respective statutory turnover tax.
b) For deliveries outside the European Union, we are entitled to subsequently charge the statutory turn-over tax, if the orderer fails to send us proof of export within a month after the respective shipment.
2. Preliminary estimates of costs shall only be binding, if they are made in written form.
3. Unless otherwise agreed upon, the orderer shall execute payments as follows:
a) If the orderer is domiciled within the Federal Republic of Germany:
1/3 as payment on account after receipt of the order confirmation.
1/3 after delivery of the main parts, respectively ready-for-shipment note, the residual amount within a month after passing of the risk.
b) if the orderer is domiciled outside the Federal Republic of Germany:
1/3 as payment on account after receipt of the order confirmation.
2/3 by means of an irrevocable letter of credit to be opened with us as beneficiary stating Bremen as place of payment. This letter of credit shall be payable on presentation of shipping documents, respectively storage depot receipt and commercial invoice, if the shipment is delayed due to circumstances we are not responsible for.
4. Assemblies, repairs and other services shall be charged based on the respective cost rates in force, which we shall submit upon request. For work outside the normal working times, surcharges shall apply. Travel times and waiting times shall be deemed to be working time.
5. Payments shall be made to one of our accounts without deductions of any kind.
6. The orderer can only discharge by way of counterclaim or execute a right of retention by cause of an undisputed or legally effective counterclaim and to the amount thereof.
7. Payments by the orderer shall become payable upon receipt of our invoice and shall be payable within 10 calendar days after receipt.
III. Export Regulations
1. In case the orderer intends to (re-)export merchandise or products purchased from us he is obliged to obtain all required permissions and to comply with all relevant (re-) export regulations, especially the provisions of the German Foreign Trade and Payments Act and of the Foreign Trade and Payments ordinance and/or of the applicable export regulation law as well as the Dual-Use Regulation and any applicable foreign regulations as e.g. the USEx- and Import Provisions. The (re-) export of merchandise either in ist original condition or as part of another product which is violating the regulations mentioned above is explicitly forbidden.
2. We do not guarantee or warrant the compliance of our products sold or delivered inside Germany with any export regulations and are neither liable for material deficiencies nor any deficiency in title or in law established therefrom.
3. The orderer is obliged to obtain advice and informations independently on applicable regulations and provisions. Irrespectively whether or not the orderer advises us on the final destination of the products he has to obtain all necessary permissions of the competent (Export control) authorities on its own before he decides to export the goods. We are not obliged to give advice, informations or cooperation in this respect.
4. In case the orderer is in possession of a special permission to export our products and/or services even as part of a new product case he has to advise us immediatly on any change of circumstances which may or has influence on the permission. The orderer is obligated to inform us immediatly if the use, (re)sale, Import or Export of our products becomes subject to export control regulations or any relief or simplifications have been refused, suspended or withdrawn.
5. The orderer is going to advise us immediatly if he has been included into the Denied Parties List of the American Bureau of Industry and Security (BIS) or any similar list. If the activities of the Orderer are also of military relevance the orderer is obliged to entertain a valid Export/Import Compliance program in the meaning of the ITAR regulations (International Traffic in Arms Regulations) and to register with the United States Office of Defense Trade Controls unless the orderer has been exempted according to part 122.1. of the ITAR:
6. The orderer is obliged to indemify us, our managing directors, employees, vicarious agents from all claims and liabilities which have been caused to us by violating the obligations hereunder by himself, his legal representatives, employees, vicarious agents, suppliers or subcontractors.
7. In case the goods or products are (re) sold to any third party the orderer is obliged to to pass on the preceding obligations completely. The orderer is liable to full extent for any noncompliance with applicable law by any third party. The orderer has to advise us immediatly in case he becomes aware of any infringement or violation of regulations in connection with the export of our products or any end products of which our products are a part or have been further developed into.
IV. Delivery, passing of risk, acceptance
1. The obligation to deliver covers deliveries and services confirmed by us in writing. In the event that the delivery item has to be in agreement with a specific purpose on the part of the orderer, this earmarking for a special purpose and the requirements the delivery item has to comply with in order to serve the specific purpose, shall be expressly and comprehensively stated in the order by the orderer and confirmed by us. We are only obligated to comply with foreign regulations concerning packaging, weighing and customs, if the orderer gives us detailed information thereof in due time. Resulting additional expenses shall be born by the orderer.
2. We reserve ourselves the right to make reasonable partial deliveries and issue partial invoices.
3. Deliveries shall be made ex works, meaning our plant in Bremen (“place of production”), unless otherwise agreed upon.
4. As far as an acceptance is to take place, this shall be decisive for the passing of risk. In the event that the orderer is in charge of the transport of the goods from the place of production to the place of appropriation, the orderer shall bear the risk for the duration of the transport.
5. The provisions concerning the passing of risk shall also apply, if partial deliveries are made or if we are committed to performing further services.
6. In the event that the delivery, respectively taking delivery of goods is delayed or does not take place due to circumstances, which are not attributable to us or we are not responsible for, the risk shall pass to the orderer on the date of notice of dispatch, respectively notice of readiness to take delivery. We commit ourselves to take out insurance policies requested by the orderer at the orderer’s cost.
7. The orderer is not entitled to refuse acceptance of the delivery due to unsubstantial defects or quantity deviations, notwithstanding the orderer’s rights resulting from section XI.
V. Force majeure
1. Definition of force majeure / notifications
1) In cases of force majeure, the affected contract party shall immediately inform the other party of the occurrence in writing after obtaining knowledge thereof, if possible within 15 days. Thereby the party shall describe the occurrence in detail and state which contractual obligations it can therefore not fulfil or only fulfil with delay. The affected contract party shall not be responsible for the delay or impossibility resulting thereof.
2) All unforeseeable occurrences or occurrences, which lie outside the contract parties’ sphere of influence and cannot be prevented from influencing the fulfilment of contract by reasonable efforts on the part of the contract parties, shall be deemed to be force majeure in terms of this contract. This includes, among others, war (declared or not declared), warlike circumstances, riot, revolution, rebellion, military or civil coup d’etat, uprising, civil commotion, violence, blockade, embargo, governmental orders, sabotage, slowdown strike, lockout, epidemic, fire, floods, storm tide, typhoon, hurricane or other storms with the extent of a catastrophe, earth quake, land slide, lightning, general lack of working material, heavy transport accidents, spoiled work or reproduction of important parts of the plant for reasons not within the entrepreneur’s sphere of influence as long as this leads to extended delivery deadlines.
3) In addition, also mass diseases (e.g. pandemics) shall be deemed to be force majeure, if more than 50% of the employees directly involved in the production of the parts or goods to be delivered, respectively directly involved in the rendering of services, fall ill.
2. Legal consequences of force majeure
In the event that circumstances due to force majeure hamper the completion of goods and parts for the plant or the fulfilment of services, or the work has to be interrupted due to this cause, and we inform our contract partner as soon as possible, at the latest within 15 days after occurrence of the obstruction or interruption of our request to extend the completion deadline as well as other deadlines, an appropriate prolongation shall be granted. The duration shall be agreed upon by us and the contract partner.
VI. Retention of title
1. The title to delivery items shall only be transferred to the orderer after complete payment.
As far as the validity of retention of title is subject to special conditions or special formalities in the country of destination, the orderer shall be responsible for compliance therewith.
2. Before the transfer of title, the orderer may neither pledge nor provide the delivery item as security. In the event of levy of execution, distraint or other orders by third parties, the orderer shall immediately inform us thereof.
3. In the event of non-contractual behaviour on the part of the orderer, especially in case of default on payment, we are entitled to take the delivery item back after sending a dunning notice. The orderer is obligated to return the delivery item. Neither the exercise of the right of retention nor the attachment of the delivery item by us, shall be deemed to be a withdrawal from the contract.
4. An application for the opening of insolvency proceedings to liquidate the orderer’s assets entitles us to withdraw from the contract and demand the immediate return of the delivery item.
5. If the orderer is domiciled in the Federal Republic of Germany, in addition the following shall apply:
a) We reserve our proprietary rights to the delivery item until all our claims towards the orderer resulting from the current business relation have been settled.
b) The orderer is entitled to resell delivery items which are subject to title of retention in the normal course of business. He shall resell the delivery items with retention of title, unless the complete amount is immediately paid by the third-party purchaser. In the event of the orderer’s default in payment, the entitlement to resale is inapplicable. In order to secure our receivables, the orderer herewith assigns us his claims resulting from a resale or any other cause in law. In the event of processing of items which are subject to retention of title and joint-ownership resulting thereof, the assignment shall only cover the part of the claim corresponding our co-ownership.
c) The orderer shall remain entitled to the collection of the claims assigned to us as long as he contractually fulfils his obligations to payment towards us. We can at any time demand that the orderer notifies us of the assigned claims and their debtors, gives us all the information necessary for collection, submits the corresponding documents and informs the debtor of the assignment.
d) The processing of objects which are subject to retention of title shall always be conducted by the orderer for our benefit. In the event that the objects which are subject to retention of title are processed together with other objects to which we hold no title, we shall acquire co-ownership to the new object. The relation of co-ownership corresponds with the relation of the invoice values of the object which is subject to retention of title and the other processed objects at the time of processing. If our goods are processed with other movable goods and therefore make up a new unitary object and this new object is considered to be the main object, it is deemed to be agreed upon that the orderer transfers proportionate co-ownership to us, as long as he owns the main object. The orderer safe keeps the property or partial property for us. Further, the same regulations as for objects which are subject to retention of title shall apply for objects resulting from processing or joining of objects.
e) We commit ourselves to release securities provided in as far as their invoice value exceeds our outstanding (residual) claims by more than 10% not only temporarily.
VII. Orderer’s obligation to cooperate
1. The orderer is responsible for bearing, respectively providing at his own expense and risk in due time: a) Helpers, such as unskilled workers and skilled workers in the number considered necessary by the supplier. These helpers shall be at the disposal of the supplier’s skilled workers for the entire duration of the assembly and commissioning of the facility as well as its supervision and shall follow their instructions. The orderer shall be solely liable for these persons and releases the supplier from all claims resulting thereof. b) All earthmoving and work concerning foundation, construction and scaffolding, including the building material necessary therefore; c) The equipment and implements required for the assembly and commissioning of the plant; d) Heatings, lighting and power, including the fittings required; e) Dry and lockable premises in immediate proximity of the working place suitable for the storage of machine parts, materials and tools; f) Lockable rooms which can be heated suitable as common rooms for the skilled workers, with lighting and sanitary facilities; g) Damage payments for tools and skilled workers’ personal belongings, which are stolen; h) Appropriate storage of parts delivered on the building site, respectively assembly site and liability for possible losses. Our skilled workers are insured in the employer’s liability insurance association by us. The orderer shall be responsible for the compulsory insurance of staff provided by him; i) Our staff is entitled to use the orderer’s telephone or fax machine at the orderer’s expense for urgent communication with the head office.
2. Upon commencement of the assembly, all necessary assembly parts and auxiliary materials shall be available on the premises. Further, all preparatory work shall be completed, so the assembly can commence and be executed without delay.
VIII. Term of delivery
1. All statements we make on the duration of works shall be approximately decisive only. If, by way of an exception, a fixed delivery deadline has been agreed upon, the prerequisites for meeting this deadline are that all commercial and technical questions between us and the orderer have been clarified beforehand and the orderer has fulfilled all obligations incumbent upon him. If this is not the case, the delivery term shall be prolonged adequately.
2. The meeting of a delivery term shall be subject to correct and punctual deliveries by our own suppliers.
3. The delivery term shall be deemed to have been met, if readiness for shipment has been signalled before its expiry. As far as an acceptance is to take place, the acceptance date shall be decisive, alternatively our notice of readiness for acceptance.
4. If delivery terms are not met due to force majeure, industrial action, delayed receipt of governmental authorisations or other occurrences outside our sphere of influence, the delivery term shall be prolonged adequately. This shall also apply in the event of an already existing delay. We shall inform the orderer of the commencement and end of such occurrences as early as possible.
5. In case the dispatch, respectively acceptance of the delivery item is delayed for reasons the orderer is responsible for, he shall be charged with the costs resulting from the delay. These shall especially include waiting times and further travels required by the skilled workers also if an all-inclusive price had been agreed upon for the work. Further this shall also include costs, which would normally have been at the expense of our company due to contractual agreements. Provided that assembly delays and/or additional costs, which were not caused by us (e.g. short supply of skilled workers and helpers) occur during all-inclusive assemblies, the orderer shall bear the additional costs resulting therefrom. The calculation shall be based on our price list applicable at the time of assembly. If, with our consent, the orderer provides our assembly staff with material and helpers, for which we are to bear the costs, a detailed record thereof shall be confirmed by the assembly staff. Only documents confirmed in this way can be considered in a later settlement of accounts. We reserve ourselves the right to assert further damages resulting from delays the orderer is responsible for. The same shall apply if the orderer does not open a letter of credit by the date agreed upon.
6. We reserve ourselves the right to designate the delivery item for other purposes, respectively deliver with an adequately prolonged delivery term, if an appropriate deadline was set and the orderer allowed it to expire fruitlessly.
IX. Delay in delivery, impossibility
1. In the event of partial impossibility, the orderer can only withdraw from the contract if the partial performance is verifiably of no interest to the orderer. If this is not the case, the orderer shall pay the contractual price for the partial performance. For the rest, section X shall apply. If impossibility or incapability occurs during a delay in acceptance or by fault of the orderer, he remains obligated to consideration.
2. If none of the contract partners are responsible for the impossibility, we are entitled to receive payment relating the performed work.
3. If we are behind schedule and the orderer suffers damages therefrom, he is entitled to demand compensation for the delay in a lumpsum. From the time we received the claim in written form, this delay compensation shall amount to 0,5% for each complete week of delay, but at the most a maximum of 5% of the value of the part of the total delivery, which cannot be used in due time or in the way contractually agreed upon due to the delay.
4. The orderer is entitled to withdraw from the contract within the statutory provisions, if – taking the statutory exceptions into consideration – we allow an adequate period of grace for performance, set during our delay, to expire fruitlessly.
5. Further claims due to delayed delivery shall exclusively result from section X and XI.
1. In the event of stipulated acceptance and pure contracts for services, our products shall be deemed to be accepted two weeks after our notification that the work is ready for acceptance, unless the orderer states existing substantial defects in writing within this period of time.
2. The orderer is only entitled to refuse acceptance, if the defect makes the usual and/or the contractually intended purpose of the plant impossible and/or decreases its value significantly. In the event that the plant has defects, which do not justify the refusal of acceptance, the acceptance shall take place under the reserve that the defects are removed.
3. Refusals of acceptance, objections against the acceptance or reserves concerning the acceptance shall be served immediately in writing, stating and describing the defect.
1. In the event of defects in quality and title, we warrant as follows:
Immediately after receipt, the orderer shall examine our delivery item with regard to possible defects. Provided that defects are detected upon receipt or later within the warranty period, we shall be immediately notified of said defects. §§ 377, 378 German Commercial Code shall apply.
Defects in quality
a) At our own discretion we shall deliver replacement or repair all performances proving to have a defect, which is verifiably due to circumstances existing before the passing of risk as stated in section III of these general terms and conditions. The orderer shall notify us of defects immediately and in writing, stating and describing the defect. We reserve ourselves the right of property to parts changed by replacement.
b) No warranty is given especially for damages due to the following reasons, for which fault cannot be attributed to us: Wear and tear, improperly conducted interference or repair works on the part of the orderer or third parties, unsuitable or improper use, faulty operation, assembly or repair, faulty or negligent treatment, improper maintenance, the use of inappropriate equipment/alternative materials, bad construction work, inappropriate building ground, bad ambient conditions unknown to us, chemical, electrochemical or electrical effects and changes to the delivery item, which were conducted without our consent.
c) In order to conduct the repair, respectively replacement, which ex aequo et bono seems necessary to us, the orderer has to give us the required time and opportunity. Otherwise we are released from the liability and warranty for consequences resulting therefrom. Only in urgent cases of danger to the safety of operation, respectively in order to prevent disproportionately large damages, the orderer has the right to remove the defect himself or through a third party and demand compensation of the resulting expenses from us. In this case, we shall be informed immediately.
d) If the complaint is justified, we shall bear the direct costs of the repair and, in the event of a replacement, the costs for the replacement part as well as the forwarding charges. For places of delivery or assembly outside the Federal Republic of Germany, the total costs to be born by us shall be limited to the amount of the order value.
e) In case culpable contributory negligence concerning the defects can be attributed to the orderer, especially due to non-observance of his obligation to prevent damages or minimise losses, we shall be entitled to claim for damages in relation to the orderer’s contributory negligence, if a repair takes place.
f) At his own option, the orderer is entitled to withdraw from the contract, if – taking the statutory exceptions into consideration – we allow an adequate period of grace for repair or replacement due to defects in quality, to expire fruitlessly. In the event of an insubstantial defect, the orderer is only entitled to reducing the contract price. Otherwise, the right to reduce the contract price shall be excluded. For assemblies, repairs and other services, section XV.8. shall apply in place of section X.1.f. Defects in title
g) In the event that the use of the delivery item leads to the infringement of industrial property rights or copy rights within the time limits stated in section XIV, we shall on principle obtain the right for the orderer to further use the item. Otherwise we shall modify the delivery item in a way that the industrial property right infringement no longer exists. In case this is not possible under economically reasonable circumstances or within a reasonable time limit, the parties are entitled to withdraw from the contract. Within the time limits, we shall indemnify the orderer from uncontested or legally ascertained claims by the respective holder of the industrial property right.
h) Warranty for defects in title in terms of section X.1.g. is final only under reserve of section XI for cases of infringements of industrial property rights or copy rights.
It only exists, if
- the orderer immediately notifies us in writing, stating and describing the asserted infringements of industrial property or copy rights.
- the orderer supports us in fending off the asserted claims to a reasonable extent, respectively enables us to conduct modification measures in terms of section X.1.g.
- we reserve ourselves all defence measures, including extrajudicial remedies.
- the defect in title is not based upon a directive by the orderer.
- the infringement was not caused by the fact that the orderer modified the delivery item arbitrarily or used it in a noncontractual way.
2. All further warranty claims (especially compensation for damages to other than the delivery item itself) shall exclusively be determined in terms with sections XI and XV.8.
1. We shall only assume liability, also in case of damages resulting from neglect of duty during contract negotiations, independent of the legal grounds, (especially also concerning damages to other than the delivery item itself), due to the following reasons:
- culpable breach of essential contractual obligations
- culpable damage to life, body or health
- defects which we maliciously concealed or if we guaranteed the absence of said defect.
- defects, if liability for damages to persons and property, that is privately used objects, in terms of German Product Liability Act applies.
2. In case of breach of essential contractual obligations, we shall also be liable in the event of gross negligence on the part of non-executive employees as well as in cases of slight negligence. In the event of slight negligence, the liability shall be limited to the contractually usual, reasonably predictable damage.
3. Our liability for the deletion of data is limited to the expenses, which would have been necessary for their restoration, if the orderer had saved them in a proper way.
4. Compensation for pure economic loss shall be appropriately limited in line with the general principles of equity and faith, as for example in the case of disproportionality of order value and amount of damages.
5. Further liability – for whatever legal ground – especially concerning damages to other than the delivery item itself, shall be excluded.
6. We shall not be liable for the consequences of defects, for which we do not warrant as stated in section X.1.b.
XIII. Claims from insurance contracts
As far as we as co-insured party have direct claims against the orderer’s insurance company with regard to the delivery item, the orderer herewith gives his consent to us asserting these claims.
1. Concerning software products by other suppliers, which are included in the delivery scope, these suppliers’ general terms and conditions shall prevail. If these are not at hand, we will send them to the orderer upon request.
2. Our conditions shall apply in addition to other suppliers’ general terms and conditions, sections XIII.3. to XIII.5. shall apply analogically. In case other suppliers’ general terms and conditions prove to be invalid, our conditions shall apply.
3. The orderer is permanently granted a simple, non-exclusive right of use and enjoyment to our software products. The granting of sub-licenses is not admissible.
4. On principle, we are not obligated to surrender the source codes the software products are based on.
5. The orderer may only process our software products to the statutorily admissible extent. The orderer may neither remove manufacturer information – especially copyright remarks – nor change it without our prior written consent.
XV. Limitation of actions
1. The orderer’s warranty claims become statute-barred within 12 months after the passing of risk.
2. The orderer’s warranty claims due to defects on constructions, respectively due to work that has the aim of performing planning and supervision services for constructions, become statute-barred within 5 years after passing of risk.
3. In the event of intentional or malicious behaviour as well as for claims resulting from the German Product Liability Act, the statutory regulations shall apply.
4. All the orderer’s other claims – for whatever legal ground – shall become statute-barred within 12 months after passing of risk.
5. The commencement of the limitation of action results from the statutory regulations. A suspension of the period of limitation by means of negotiation or other – non-judicial – measures shall not occur.
XVI. Assemblies, repairs and other services
For assemblies, repairs and other services, in addition the following shall apply:
1. The orderer shall inform our staff of existing safety regulations and risks at his own expense and take all measures necessary for the protection of persons and objects at the working place.
2. The orderer shall, to the necessary extent, support our staff in the execution of their work at his own expense and provide the contractually required assistance, as for example the preparation of the building site, provision of tools and hoisting devices, provision of water and electricity etc.
3. The orderer’s assistance shall ensure that our work can commence immediately after the arrival of our staff and can be conducted without delay until the acceptance.
4. In the event that the orderer fails to meet his obligations, we are entitled, but not obligated, to execute the activities incumbent upon the orderer ourselves and at his own expense.
5. In case a repair cannot be conducted for reasons we are not responsible for, our already performed services as well as the expenses incurred shall be settled by the orderer.
6. Parts, which were exchanged by replacement, become our property.
7. In the event that the goods and services are destroyed or have deteriorated before acceptance, the orderer shall reimburse us with the price, less saved expenses.
8. Only repair deadlines which have been confirmed by us in writing, shall be binding.
9. With regard to assemblies, repairs and other services, the orderer is entitled to abatement within the statutory regulations, if – taking the statutory exceptions into consideration – we allow an appropriate period of grace for performance, which is set during a delay on our part, to expire fruitlessly. The right to abatement also applies in other cases where the removal of defects fails. The orderer is only entitled to withdraw from the contract, if a repair is verifiably without interest to the orderer in spite of abatement.
XVII. General provisions
1. Concerning the sale of used goods, we exclude any warranty on our part, unless we are imperatively liable due to statutory regulations.
2. All taxes, fees and duties in connection with the performance outside the Federal Republic of Germany shall be born by the orderer. Should the situation arise, the orderer shall reimburse our expenses for said costs.
3. We store personal data in compliance with the statutory regulations.
4. We do not compensate costs for the backhaul of packaging.
5. The orderer shall be responsible for obtaining the authorisations and/or export or import papers necessary for the use of the products at his own expense.
6. Place of fulfilment and performance of the orderer’s obligations towards us shall be Bremen.
7. If individual provisions of these General Terms and Conditions or the contract should be or become entirely or partially invalid, the other provisions shall remain unaffected thereof.
XVIII. Applicable law, place of jurisdiction
1. Place of jurisdiction for all disputes arising from the contract relationship shall be at our head office in Bremen. We reserve ourselves the right to take action at the orderer’s statutory place of jurisdiction.
2. The law of the Federal Republic of Germany shall apply, excluding all conflict-of-laws rules and the United Nations Conventions on Contracts for the International Sale of Goods (CISG).