GTC Retailer (37 KB) - Siku

e) Claims for expenses required to rectify defects, especially travel and
transport expenses, labour and material costs shall be excluded if the
expenses are increased because the goods or object of our
performance are subsequently taken to a location other than your
branch unless this corresponds to use for the intended purpose.
f) Recourse claims according to § 478 BGB can only be made against us
if you have not concluded any agreements with your customers that go
beyond statutory claims based on defects.
g) Further claims by you, especially claims for damages and for
reimbursement of expenses resulting from defective goods and/or
services we supply and other breach of duty from the obligation and
from tort shall be excluded.
This shall not apply unless liability is mandatory by law e.g. in cases of
intent, gross negligence, injury to life, limb or health, breach of material
contractual obligations or e.g. under the German Product Liability Act.
A claim for damages for breach of material contractual obligations is,
however, limited to foreseeable damages typical for the contract
unless there is intent or gross negligence or liability is mandatory by
law because of injury to life, limb or health. There is no connection
between a change in the burden of proof to your detriment and the
foregoing regulations.
h) If you are entitled to claim damages and the reimbursement of
expenses according to this section, they shall become statute-barred
upon expiry of the limitation period applicable to claims for defect of
quality according to stipulation 7.a).
8. Final provisions
In the case of claims for damages under the Product Liability Act, the
legal statute of limitations shall apply.
a) The substantive law of the Federal Republic of Germany exclusively
shall apply. The validity of the United Nations Convention on
Contracts for the International Sale of Goods is expressly excluded.
b) The export of our goods is on principle forbidden. Exceptions shall
require our prior written consent. A contractual penalty of € 10,000.00
shall be due for each case of infringement of this prohibition on exports.
This shall not exclude our assertion of any further damage.
c) If as customer you are a merchant, legal entity under public law or
special public law fund, any disputes arising from this contract shall be
settled exclusively before a Lüdenscheid court of law. This shall also
apply if you do not have a general place of jurisdiction in Germany.
d) Place of performance for all obligations arising from this contract is
Lüdenscheid.
e) If any individual provisions of a contract including these General
Terms and Conditions are or shall become invalid in whole or in part,
or there is a gap, this shall not affect the validity of the other
provisions.