General Terms and Conditions of fünfdrei eventagentur GmbH
I. SCOPE, DEFINITION AND BASIS OF THE CONTRACT
1 The following General Terms and Conditions (GTC) apply to all contracts, deliveries and other services between fünfdrei eventagentur GmbH (hereinafter referred to as "fünfdrei") and its client (hereinafter referred to as the "client").
2. the contract language is German. If an English translation is provided, this is for comprehension purposes only. If the English version has a different content, the German version shall take precedence.
3. these terms and conditions shall apply irrespective of whether the party placing the order places the order in its own name for its own account, in its own name for the account of a third party or in the name of a third party for the account of a third party.
4. these terms and conditions shall apply to all current and future agreements between fünfdrei and the party placing the order, even if they are not agreed again separately.
5. terms and conditions of the client or third parties shall not apply, even if fünfdrei does not separately object to their validity in individual cases. Even if fünfdrei refers to a letter which contains or refers to the terms and conditions of the party placing the order or a third party, this shall not constitute agreement with the validity of those terms and conditions.
II. CONCLUSION OF THE CONTRACT
1. there is no entitlement to the conclusion of a contract. The information provided by fünfdrei, e.g. as "quotation", "cost estimate", "provisional cost framework", "cost overview", "quotation calculation" or "rough cost calculation", is always subject to change. Obvious errors, typographical, printing and calculation errors are not binding for fünfdrei. Delivery and other deadlines are only binding if they have been expressly confirmed in writing by fünfdrei as fixed deadlines.
2. orders or commissions placed by the party placing the order shall come into effect upon confirmation of the order by fünfdrei within two weeks of receipt of the order or commission. The order confirmation by fünfdrei may be made in writing or in text form (by fax or email).
3. collateral agreements, amendments or supplements to existing contracts with the party placing the order or a service provider must also be confirmed in writing or text form.
4. under no circumstances does the assumption of organizational tasks make fünfdrei the organizer; the party placing the order remains the organizer.
III. ENGAGEMENT OF THIRD PARTIES
1. fünfdrei is entitled to conclude contracts with third parties for the implementation of a project and the provision of the agreed scope of services. This applies, for example, to the rental of rooms, the conclusion of hospitality and accommodation contracts and the conclusion of contracts for the provision of entertainment services with artists, musicians, etc. The selection of third parties is the sole responsibility of fünfdrei. The commissioning party is only authorized to issue instructions to third parties after prior consultation with fünfdrei. Unless otherwise agreed, third parties are commissioned in the name and for the account of fünfdrei. fünfdrei is not obliged to disclose the content of agreements with third parties to the commissioning party.
2. should the commissioned third party be prevented from providing the service, fünfdrei shall be entitled to commission another party instead. Any additional costs shall be borne by the commissioning party.
3. if the services of third parties cannot be provided in whole or in part or cannot be provided on time due to force majeure or another reason for which fünfdrei is not responsible (non-availability of the service), fünfdrei shall be entitled to withdraw from the contract in whole or in part. fünfdrei shall inform the party placing the order of any non-availability without delay. A claim for reimbursement of any consideration already provided by the party placing the order shall only exist if fünfdrei does not offer the party placing the order alternative services of a comparable type and scope which, taking into account the interests of both parties, are suitable for guaranteeing the expected service. Reimbursement shall be made by fünfdrei without delay. The amount of the reimbursement shall be determined by the extent of the reduced performance, taking into account the expenses already incurred by fünfdrei for the purpose of providing the services. The contracting party shall have no further claims.
4. the party placing the order shall bear all out-of-pocket expenses and third-party costs incurred in the execution of the contract against proof. For the processing of orders with third parties, fünfdrei shall charge a handling fee, the amount of which - unless otherwise agreed - is based on the calculation rates of fünfdrei valid on the day of execution.
IV. PRICES, FEES, ADVANCE PAYMENT
1. all prices and price quotations shall be understood as net prices in EURO, even without express designation, excluding the respective statutory value added tax or other applicable taxes as well as insurance or shipping costs, which shall be shown separately in each case.
2. to the extent that fünfdrei is subsequently charged with a domestic or foreign tax payment or other duties, the party placing the order shall be obliged to reimburse this amount.
3. the prices quoted by fünfdrei are only valid for an undivided order. The removal/cancellation of services or products after order confirmation does not automatically lead to a price reduction.
4. fünfdrei shall be entitled to pass on any price increases by manufacturers or suppliers or wage increases to the party placing the order.
5. if the start or progress of the provision of services is delayed for reasons for which fünfdrei is not responsible, fünfdrei shall be entitled to charge separately for any additional expenses incurred as a result and for any capacities provided. The calculation rates of fünfdrei valid on the day of performance shall then apply.
6. services not estimated in the quotation which are carried out at the request of the party placing the order or additional expenses which are caused by incorrect information provided by the party placing the order, preliminary work by the party placing the order or other third parties which is not carried out on time or professionally, insofar as these are not vicarious agents of fünfdrei, shall be invoiced additionally to the party placing the order.
7. obtaining the necessary official permits, concessions or other authorizations shall only form part of the offer if this is expressly stated. The same applies to customs formalities for deliveries abroad.
8. unless otherwise agreed in writing, the party placing the order shall bear all possible packaging and disposal costs.
9. any GEMA fees, fees of other collecting societies and artists' social security contributions (KSK) as well as energy, water and costs for adequate insurance shall be borne by the commissioning party.
10. insofar as the special regulation for travel services pursuant to § 25 UstG applies, the agreed prices include the margin sales tax.
11. fünfdrei may charge reasonable advance payments. Interest shall not be reimbursed for this.
12. invoices and advance invoices are due immediately, unless otherwise agreed in writing or text form.
13. even without invoicing, a down payment of 50% of the agreed total remuneration shall be due immediately and without deduction upon conclusion of the contract for an order amount of up to € 30,000.00. The same applies to an order amount of more than € 30,000.00 for an initial down payment of 50% of the agreed total remuneration upon conclusion of the contract and a further 30% no later than four weeks before the event or the planned acceptance.
14. fünfdrei shall not be obliged to provide further services if the party placing the order is in arrears with the payment of a due advance payment or a due down payment.
V. DELIVERY, TRANSPORT AND ACCEPTANCE
1. if no express deadline has been agreed for the start of execution or completion, the stated completion/delivery date shall only be approximate. Illustrations and descriptions (or similar) by fünfdrei in brochures, on the Internet and other descriptions are for illustrative purposes only and are only "approximate". No guarantee is given for compliance.
2. any changes or alterations to the execution brought forward by the party placing the order after conclusion of the contract shall also render firmly agreed execution/delivery deadlines non-binding. The same shall apply to impediments for which fünfdrei is not responsible.
3. in the event of disruptions to business operations for which fünfdrei or its suppliers or subcontractors are not responsible (such as force majeure, strike, lockout or similar), the delivery/completion deadline shall be extended accordingly. If fulfillment of the contract becomes impossible due to the aforementioned disruptions, both parties shall be entitled to withdraw from the contract. In this case, fünfdrei shall be entitled to remuneration for the services rendered up to that point, whereby the services rendered shall also include claims by third parties which fünfdrei has commissioned in reliance on the execution of the contract.
4. fünfdrei's products and (delivery) items shall always be transported at the expense and risk of the party placing the order, unless otherwise agreed. In the absence of special instructions, fünfdrei shall determine the shipping method at its own discretion. Any packaging requested or deemed necessary by fünfdrei shall be invoiced separately.
5. unless otherwise agreed, all risk shall be transferred to the party placing the order when the goods leave the premises of fünfdrei, otherwise when they are made available to the party placing the order. This shall also apply in cases where carriage paid delivery has been agreed.
6. items belonging to the party placing the order which are to be used in the provision of the service must be delivered by the party placing the order on the agreed date free to the place of use. fünfdrei is not obliged to return such items. If the client commissions fünfdrei with the return delivery, this shall be carried out at the client's risk and at the client's expense from the place of use.
7. if the goods ready for dispatch cannot be delivered or made available to the party placing the order for reasons for which the party placing the order is responsible, the risk of accidental loss or accidental deterioration of the goods shall pass to the party placing the order on the day on which the goods are ready for dispatch. The services of fünfdrei shall be deemed to have been rendered upon delivery of the notification of readiness for dispatch to the party placing the order.
8. if goods or exhibits of the party placing the order are to be (co-)transported, the above provisions shall apply accordingly.
9. acceptance or handover shall take place formally and immediately after completion. The party placing the order undertakes to attend the acceptance date itself or to be represented by an authorized person. It is expressly recognized that in special cases an acceptance date one hour before the start of the event is not unreasonable.
10. if the party placing the order has put the service or part of the service into use without prior formal acceptance, acceptance shall be deemed to have taken place with the act of use, unless defects are notified in advance which prevent acceptance.
11. if the service consists of the planning and/or execution of events, acceptance shall regularly take place on the occasion of dress rehearsals or trial runs. This shall not apply to planning services which are deemed to be completed and ready for acceptance upon receipt by the party placing the order.
VI. LEASING
1. if items have been loaned or rented to the client by fünfdrei or its vicarious agents and suppliers, the rented item must be formally returned immediately after the end of the trade fair or event at the request of fünfdrei. The client is obliged to attend the return date or to be represented by an authorized person.
2. the party placing the order must treat loaned or rented items with care and return them cleaned immediately after the end of the event.
3. return confirmations from fünfdrei are always subject to a specific check.
4 Unless expressly agreed otherwise, rental charges shall be calculated on the basis of calendar days. The start of the rental period shall be the day of handover and the end of the rental period shall be the day on which the rental item is returned. If the party placing the order is responsible for the late return of the rental object, the full rental fee for one day shall be owed for each additional day.
5. fünfdrei is entitled to demand an appropriate deposit for the duration of the rental of items. The deposit shall not bear interest. In the event of damage to or loss of the rental item, fünfdrei is entitled to charge the full replacement value. In the event of soiling, fünfdrei reserves the right to carry out professional cleaning at the expense of the party placing the order.
6. any subletting or transfer of the rented items that is not necessary in accordance with the contract is only permitted with the prior written consent of fünfdrei. § Section 540 paragraph 1 sentence 2 BGB is excluded.
7. if materials and equipment are provided free of charge, the regulations on rental shall apply accordingly.
8. the party placing the order shall be liable to fünfdrei for all items provided to it on loan or hire, including an exhibition stand, up to the amount of the restoration costs or the new purchase value (in the event of destruction or loss). Further details can be found in Clauses VI. and XI.
VII. LIABILITY FOR DEFECTS
1. should the services be defective, fünfdrei shall be entitled to choose whether to rectify the defect or to make a new delivery. fünfdrei shall be entitled to make a replacement delivery at any time. Warranty rights presuppose that the party placing the order has properly fulfilled its obligations to inspect and give notice of defects. The manner of appropriate rectification shall be at the discretion of fünfdrei. If a service is to be rectified by fünfdrei due to a defect, rectification shall only be deemed to have failed after the third attempt at rectification. If fünfdrei does not make use of the right to rectification, or does not do so within a reasonable period of time, or if rectification fails, the party placing the order may demand a reduction in payment (reduction) or rescission of the contract (withdrawal). The party placing the order shall not be entitled to withdraw from the contract in the event of insignificant defects or breaches of duty.
2. any notification of defects must be made immediately and in writing after discovery of the defect.
3. the limitation period for claims for defects by the client against fünfdrei shall be one year, calculated from the transfer of risk. The above limitations shall not apply to claims for damages or reimbursement of expenses based on gross negligence, intent or the breach of contractual obligations, the proper fulfillment of which is essential for the performance of the contract and on the fulfillment of which the contracting party may regularly rely (hereinafter: "cardinal obligations"). They also do not apply if claims for damages or reimbursement of expenses due to injury to life, limb or health or claims based on the Product Liability Act are affected. Insofar as a cardinal obligation is negligently breached, the liability of fünfdrei shall be limited to such damages and expenses as are typically associated with the contract and are foreseeable. Unless expressly stated in writing, product descriptions, samples or presentations do not constitute guarantees or warranties of quality.
4. fünfdrei shall make up for or rectify any outstanding partial services or notified defects as quickly as possible. Provided they do not significantly impair the main services provided by fünfdrei, they shall not entitle the client to refuse acceptance.
5. fünfdrei shall not be liable for defective services or deliveries by external companies that are involved in a project on the instructions of the party placing the order, provided that fünfdrei is not guilty of any intentional or grossly negligent breach of duties of care or supervision.
VIII. SET-OFF, TRANSFER
1. offsetting or the assertion of a right of retention by the party placing the order can only take place with undisputed or legally established claims.
2. the rights of the commissioning party arising from this contractual relationship are only transferable with the prior written consent of fünfdrei.
IX. INSURANCE
1. the commissioning party is obliged to take out sufficiently dimensioned event liability insurance and to provide evidence of this to fünfdrei on request.
2. for transports arranged or carried out by the party placing the order, the dispatched goods shall only be insured at the express instruction and expense of the party placing the order in the amount of the replacement value.
3. obvious transport damage must be reported to fünfdrei immediately. In the case of shipment by freight forwarder, obvious damage must be noted immediately on the consignment note; in the case of transportation by rail, a certificate from the rail company confirming the damage must be requested and sent to fünfdrei. Claims against the transport company shall be assigned to fünfdrei on request.
4. goods accepted by fünfdrei for storage from the party placing the order on the basis of written confirmation shall only be locked by fünfdrei at the express instruction of the party placing the order and at its expense. Unless otherwise agreed, all risk shall be transferred to the party placing the order.
X. RETENTION OF TITLE
1. fünfdrei shall retain ownership of all delivery items and performance results to be transferred until all obligations arising from the contractual relationship between the parties have been fulfilled in full.
2. without the express consent of fünfdrei, the party placing the order is not entitled to resell the goods subject to retention of title or any processing or treatment. Irrespective of this, the party placing the order hereby assigns to fünfdrei claims arising from the resale of the goods subject to retention of title in the amount of the final invoice amount (value of the delivery including VAT). fünfdrei accepts this assignment.
XI. EXPLOITATION AND USE RIGHTS
1. all offers, concepts, drafts, drawings, production and assembly documents, designs, presentations, logos, plans, graphics, ideas, texts, photos, artwork, film material and other documents created by fünfdrei or third parties commissioned by it are and shall remain the property of fünfdrei, even if they have been handed over to the party placing the order. They shall be regarded by the party placing the order as business secrets within the meaning of Section 2 No. 1 GeschGehG, and the party placing the order shall be regarded as the owner of these as a result of the handover in accordance with Section 2 No. 2 GeschGehG.
2. the commissioning party undertakes to refrain from any unauthorized use in any form, in particular reproduction and distribution, making changes, passing on to third parties or direct or indirect reproduction. In particular, the commissioning party shall comply with the prohibition of disclosure pursuant to § 4 para. 2 GeschGehG.
3. if a transfer of rights of use and exploitation has been agreed, this shall only come into force upon complete fulfillment of all obligations arising from the contractual relationship between the parties. Any transfer of rights of use beyond those required to fulfill the contract shall require express written agreement, irrespective of whether or not industrial property rights or copyrights exist.
4. if fünfdrei does not receive an order after participating in a presentation, fünfdrei shall retain all rights to the services provided by fünfdrei up to that point. In this case, the commissioning party is in particular not entitled to use the presentation, the event concept with the creative and technical parts, conceptual ideas, drafts or similar in full or in part. Should this nevertheless occur, the client shall be liable to pay compensation to fünfdrei. Documents handed over by fünfdrei to the client for the presentation must be returned immediately; non-physical services must be deleted immediately. There shall be no right of retention.
5. it shall be assumed that the commissioning party has breached the obligations under this section if it organizes exhibitions or events that are essentially in line with the plans and concepts of fünfdrei. The commissioning party is at liberty to provide evidence to the contrary.
6. If the party placing the order provides materials or documents for the provision of the services, the party placing the order shall guarantee that the production and delivery of the services provided in accordance with its documents does not infringe the industrial property rights or copyrights of third parties. fünfdrei shall not be obliged to check whether the information and documents provided by the party placing the order infringe the industrial property rights of third parties. The party placing the order shall indemnify fünfdrei against all claims arising from an infringement of such industrial property rights or copyrights.
7. fünfdrei is entitled to record the event in image and sound, taking into account the personal rights and data protection concerns of the guests and the rights of third parties. In any case, fünfdrei is entitled to make recordings for documentation and evidence purposes. Furthermore, fünfdrei is entitled to use these recordings together with background information about the project for the purposes of its own PR. The client, logos and information on the event may be used as a reference without restriction, unless otherwise agreed.
8. if requested by fünfdrei, the commissioning party is obliged to name fünfdrei in all publications.
XII. LIABILITY
1. fünfdrei accepts no liability whatsoever for damage of any kind caused by visitors/guests at an event. Shrinkage, glass breakage and any costs incurred as a result of damage to the grounds, rooms or underground cables caused by the installation of stages, exhibition stands, tents etc. shall be borne by the party placing the order. The same applies to damage to equipment rented by fünfdrei.
2. fünfdrei's liability for damages and expenses based on simple negligence is excluded unless the claims are based on the breach of contractual obligations, the proper fulfillment of which is essential for the execution of the contract and on the fulfillment of which the party placing the order may regularly rely (hereinafter: "cardinal obligations"), or claims for injury to life, limb or health are affected. Claims based on the Product Liability Act shall also remain unaffected.
3. insofar as a cardinal obligation is negligently breached, the liability of fünfdrei shall be limited in amount to such damages and expenses that are typically associated with the contract and are foreseeable.
4. fünfdrei shall not be liable for damage caused by non-compliance with instructions issued by the party placing the order.
5. if the opportunity to participate in sporting activities is offered as part of an event, the usual dangers inherent in the nature of the matter are pointed out. Participation in such activities is at the participant's own risk. Each person taking part must check their state of health beforehand or, if necessary, have it checked by a (specialist) doctor and/or cancel the event immediately on their own initiative if any medical problems become apparent. fünfdrei and the service providers involved are only liable for not deliberately or grossly negligently increasing the inherent risk of the activity.
6. insofar as fünfdrei's liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of fünfdrei's employees, workers, collaborators, representatives and vicarious agents.
XIII. TERMINATION OF CONTRACT
1. the party placing the order is entitled to terminate the contract at any time. Cancellation or termination free of charge is no longer possible after conclusion of the contract. Both termination and cancellation must be made in writing or text form (fax or e-mail).
2. if the party placing the order terminates or cancels the contract without fünfdrei having given good cause for doing so, fünfdrei shall have the right to choose:
a. fünfdrei shall either assert a claim for the full remuneration of the services provided up to the termination or cancellation, including the expenses incurred by fünfdrei, from which the costs saved due to the premature termination of the contract shall be deducted.
b. Alternatively, fünfdrei shall claim the following flat-rate withdrawal costs:
- 25% of the agreed fee from the signing of the contract by the party placing the order
- up to three months before the start of the event 40% of the agreed fee
- up to two months before the start of the event 60 % of the agreed fee
- 80% of the agreed fee up to one month before the start of the event
- up to two weeks before the start of the event 90 % of the agreed fee
- from one week before the start of the event 100 % of the agreed fee
The basis for calculation shall be the fee agreed with the contracting party plus VAT, from which the costs saved due to the premature termination of the contract shall be deducted. The party placing the order shall be at liberty to prove that no costs or lower costs were incurred in connection with the premature termination of the contract than the costs stated by fünfdrei in the lump sum.
3. in the event of premature termination of the contract by the client, fünfdrei shall be reimbursed by the client for all costs incurred in connection with the contract up to the time of termination (cancellation fees etc.) as well as claims by third parties which fünfdrei has commissioned in reliance on the execution of the contract.
4 Both contracting parties are entitled to terminate the contract without notice for good cause. The prerequisite for this is that a written request to remedy the good cause has been made within a reasonable period of time and the deadline has expired without result. Good cause shall be deemed to exist in particular if a contracting party has persistently or grossly violated its contractual obligations. This is particularly the case if the provision of the service may cause damage to the image of fünfdrei that was not foreseeable at the time the contract was concluded. If fünfdrei terminates the contract, it may charge for services already rendered, whereby the fee owed shall also include claims by third parties which fünfdrei has commissioned in reliance on the performance of the contract. Fünfdrei reserves the right to assert further claims for damages.
XIV. HIGHER VIOLENCE
1. in cases of force majeure, the affected contracting party shall be released from the obligation to deliver or take delivery for the duration and to the extent of the effects. Force majeure is any event beyond the control of the respective contracting party which prevents it in whole or in part from fulfilling its obligation, including fire damage, floods, strikes, lawful lockouts as well as operational disruptions, epidemics, pandemics or official decrees for which it is not responsible. Supply difficulties and other performance disruptions on the part of the upstream suppliers of the party placing the order shall only be deemed force majeure if the upstream supplier is prevented from providing the service incumbent upon it by an event in accordance with Section XIII. para. 1.
(2) The affected Party shall immediately notify the other Party of the occurrence and cessation of the force majeure and shall use its best endeavors to remedy the force majeure and to limit its effects as far as possible.
3. if force majeure leads to the cancellation, termination or interruption of an event or individual contractual services, fünfdrei shall be entitled to demand reimbursement or payment for the costs incurred and services rendered up to that point.
4. insofar as the subcontractor can invoke force majeure against fünfdrei and the subcontractor therefore fails to perform the service owed in the subcontractor relationship, fünfdrei shall be released from its obligation to perform vis-à-vis the party placing the order. in this case, fünfdrei shall endeavor to find suitable replacement services, whereby the contracting parties shall agree on any additional costs caused by this.
5. in the event of measures required to contain the COVID-19 SARS-CoV-2 pandemic or a comparable pandemic situation, any (additional) costs incurred in this regard are not part of the contract, but will be remunerated separately.
XV. CREDIT BASIS
1. the prerequisite for fünfdrei's performance obligations is the creditworthiness of the party placing the order. If the party placing the order has provided incorrect or incomplete information about the facts affecting its creditworthiness, has suspended payments or if it becomes apparent to fünfdrei after conclusion of the contract that (further) performance of the contract is jeopardized by a lack of solvency on the part of the party placing the order, fünfdrei shall be entitled to refuse to provide advance performance under this contract until the corresponding consideration has been provided by the party placing the order. In such cases, fünfdrei may demand advance payment or other suitable security for the claim to remuneration. If the party placing the order does not comply with this request, fünfdrei may terminate the contract for good cause in accordance with Section XII or withdraw from the contract and demand compensation. With regard to the amount, the provision in Section XII shall apply.
2. if the party placing the order is insolvent or over-indebted, if insolvency or composition proceedings are applied for or instituted against its assets, fünfdrei shall be entitled to withdraw from the contract or terminate it without notice without setting a grace period.
3. if fünfdrei terminates or withdraws in accordance with the above provisions, fünfdrei may demand compensation from the party placing the order in lieu of performance or reimbursement of expenses.
XVI. SELECTION OF THIRD PARTIES
1. fünfdrei is free to choose its third-party companies and is not obliged to disclose offers, invoices, names or other details and documents to the party placing the order.
2. if third-party companies are specified by the party placing the order, the risk of non-performance in accordance with the contract shall pass to the party placing the order. Defective or non-performance cannot be asserted against fünfdrei.
XVII. SECRECY AND DATA PROTECTION
1. the party placing the order shall be obliged to keep secret all business and trade secrets and information designated as confidential which are disclosed and/or become known to it by fünfdrei.
- Trade and business secrets are all facts, circumstances and processes relating to a company that are not in the public domain but are only accessible to a limited group of people and which the legal entity has a legitimate interest in not disclosing.
- This applies in particular to the agreed fee and to processes, data or other facts from the business area of fünfdrei's clients. The duty of confidentiality shall also apply for the period after completion of the order and even if the order is not executed.
- The commissioning party may only use recordings or copies of the contractual service for its own or third-party advertising purposes with the prior written consent of fünfdrei. The contracting party is prohibited from making recordings, illustrations or project descriptions accessible to third parties or publishing them.
2. the commissioning party must impose this confidentiality obligation on its employees, contractual and cooperation partners, co-partners and/or co-managing directors and other third parties involved in the execution of the order.
3. the parties shall comply with the provisions of the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). The privacy policy of fünfdrei is available at https://www.fuenfdrei.de/sites/datenschutz.
4. in each case of infringement by the party placing the order for which it is responsible of its obligations under XVI. 1., 2. and 3. above, the party placing the order shall pay a contractual penalty to fünfdrei, whereby the amount shall be determined by fünfdrei in each individual case and, in the event of a dispute, may be reviewed by the competent court as to its appropriateness. In the event of a continuing breach, each commenced week of infringement following a warning by fünfdrei shall constitute such a case. The contractual penalty paid shall be offset against any claims for damages by fünfdrei due to the breach of obligations under Section XVI.
XVIII. FINAL PROVISIONS
1. the exclusive place of jurisdiction for all legal disputes arising from this contract shall be the registered office of fünfdrei, insofar as this is permissible.
2. insofar as there are no mandatory statutory provisions to the contrary, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
3 Should a provision of these GTC be or become invalid or unenforceable, this shall not affect the remaining provisions. The parties undertake to cooperate in supplementing the partnership agreement with a provision that comes as close as possible to the economic purpose of the invalid provision. The same applies if the GTC contain a loophole.
Status: 16.02.2024