GTC

General Terms and Conditions of Purchase (GTCP)

General Terms and Conditions of Purchase for the Purchase of Raw Materials, Waste and Similar Materials (AEB Rohstoffe) of TM Recycling GmbH

A. General Provisions
I. Scope of application

The General Terms and Conditions of Purchase for the Purchase of Raw Materials, Recyclable Materials, Waste and Similar Materials ("GTCP Raw Materials") of TM Recycling GmbH regulated below shall apply exclusively to the purchase of raw materials, recyclable materials, waste and similar materials. Any conflicting terms and conditions of the supplier or terms and conditions of the supplier deviating from these GPC Raw Materials shall only become part of the contract if TM Recycling expressly agrees to them in writing. These GPC Raw Materials shall also apply if TM Recycling carries out the delivery or service to the supplier without reservation in the knowledge of terms and conditions of the supplier that conflict with or deviate from these GPC Raw Materials. These GPC Raw Materials shall only apply to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. These GPC Raw Materials shall apply to the entire future business relationship with the supplier and shall replace any previous General Terms and Conditions or General Terms and Conditions of Purchase of TM Recycling. Individual agreements made with the Supplier in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these GPC Raw Materials. A written contract or the written confirmation of TM Recycling shall be decisive for the content of such agreements.
II. conclusion of contract and terms of payment

Offers of the supplier shall only be deemed accepted upon express declaration by TM Recycling. The prices stated in the order or in the purchase contract shall be binding and, unless otherwise agreed, shall apply to delivery "free place of receipt". Invoicing by the supplier or credit note issuance by TM Recycling shall be based on the weight received and the quality assessment of TM Recycling or a commissioned third party upon acceptance of the goods. Incoming deliveries shall in principle be invoiced by TM Recycling taking into account any refusal and other costs in the credit note procedure. In case of invoicing by the supplier, the invoices shall comply with the legal requirements. The invoice shall be accompanied by all documents (e.g. weighing certificate, acceptance protocol, etc.) necessary to verify the contractual performance of the delivery. Deliveries made prior to agreed delivery dates or delivery periods shall not change a payment due date linked to the originally agreed delivery dates or delivery periods. Unless cash transactions are involved, payments shall be made on the 30th or last day of the month following the delivery. The statutory value added tax shall be shown separately in the invoice or credit note in the respective statutory amount. Exceptions from the obligation to show VAT shall only be possible if the supplier expressly proves that he is not an entrepreneur. The supplier shall indemnify TM Recycling against all claims of third parties which are raised against TM Recycling due to incorrect information about his entrepreneurial status. In the case of settlements in the credit note procedure, the supplier shall be obliged to prove his entrepreneurial status with the entitlement to deduct input tax to TM Recycling by prior submission of a suitable certificate from the tax office. Follow-up certificates are to be submitted annually.
III. data privacy

The Supplier agrees that TM Recycling may collect personal data by presenting identification documents for the purpose of invoicing or crediting as well as for cash payments and store such data in accordance with the provisions of the Federal Data Protection Act.

B. Delivery processing
I. Delivery periods, delivery dates

The agreed delivery dates and deadlines shall be binding. The supplier shall be obliged to inform TM Recycling in writing without delay if circumstances occur or become apparent to him which indicate that the agreed dates and deadlines cannot be met. The supplier shall immediately inform TM Recycling in writing of any delay in delivery by upstream suppliers or subcontractors. In this case, a delay in delivery dates or deadlines shall not be justified. In case of delay in delivery TM Recycling shall be entitled to the statutory claims. In particular, TM Recycling shall be entitled to claim damages instead of performance and to withdraw from the contract after fruitless expiry of a reasonable grace period set. The supplier shall be responsible for the fault of his vicarious agents and the vicarious agents employed by him as for his own fault. The supplier must accept suspensions against him. Suspensions may be issued by TM Recycling in writing, by telephone or in another suitable form (e.g. by e-mail). If, in cases of force majeure, strike or lockout, it becomes impossible or substantially more difficult for TM Recycling to fulfil its contractual obligations, TM Recycling may cancel the contract in whole or in part or extend performance to a later date without the supplier being entitled to any claims against TM Recycling as a result.
II. execution of the delivery

Unless otherwise agreed, TM Recycling shall determine the place of receipt for the delivery (place of performance). If no express provision is made by TM Recycling, the place of performance shall be the registered office of TM Recycling. The supplier shall have the receipt confirmed in writing by TM Recycling. If weighing is necessary, the weight determined on calibrated scales at the place of receipt shall be decisive. The goods shall be delivered in the customary manner. Legal regulations, in particular those relating to occupational safety and environmental protection, shall be complied with. The delivery shall comply with the recognized rules of technology. No mixing of several grades may be carried out. Retention of title in favor of the supplier as well as third parties is excluded. The supplier shall be obliged to hand over and transfer the goods to TM Recycling free from third party rights as well as from the supplier's own rights. The declaration of deliveries in waybills, delivery bills, bills of lading and other delivery documents must be complete and must comply with the applicable regulations. Costs and damages due to incorrect, incomplete and/or omitted declaration shall be borne by the supplier. The supplier shall indemnify TM Recycling against claims of third parties raised against TM Recycling due to incorrect, incomplete and/or omitted declaration. If the supplier makes declarations regarding the origin of the goods, he shall be obliged to enable the verification of the proofs of origin by the competent authorities and to provide both the information required for this purpose and any necessary confirmations. Should the declared origin not be recognized by the competent authority as a result of faulty certification or lack of possibility of verification, the supplier shall be obliged to compensate TM Recycling for any damage resulting therefrom and to indemnify TM Recycling against any claims of third parties. The transport as well as import of the goods ordered by TM Recycling shall be carried out in compliance with the respective applicable statutory provisions, in particular the GGVSE (Road and Railway Dangerous Goods Ordinance) and customs regulations. If the supplier does not comply with this obligation, TM Recycling shall be entitled to take necessary measures at the supplier's expense, also insofar as transport on the premises of TM Recycling or the receiving point is concerned. Persons working on the premises of TM Recycling in fulfillment of the Supplier's obligations shall comply with the instructions of TM Recycling and the provisions of the plant regulations of TM Recycling as well as the accident prevention, occupational safety, environmental and other regulations applicable at TM Recycling. Within the operations of TM Recycling, hazardous substances may only be used after consultation with TM Recycling and must be properly labeled. No mixing of several grades may be carried out.

III. Shipping, packaging and transfer of risk

All shipping costs (e.g. packaging, transport, insurance, customs duties and other charges) shall be borne by the supplier.
The supplier shall bear the risk of shipment until the goods are handed over to TM Recycling or a third party designated by TM Recycling at the place of receipt.

IV. Claims for defects

TM Recycling or the commissioned third party shall be obliged to inspect the delivered goods for any defects within a reasonable period of time. TM Recycling or the commissioned third party shall only be obliged to carry out a random inspection. In the event that defects are detected, the complaint shall be deemed to be in time in any case if it is received by the supplier within a period of 10 working days (excluding Saturdays), calculated from delivery at the place of receipt or, in the case of hidden defects, from discovery by TM Recycling – or by the customer of TM Recycling –. In this case, the supplier shall waive the objection of delayed defect claims. TM Recycling shall be entitled to the statutory defect and warranty claims without limitation; in any case, TM Recycling shall be entitled to demand from the supplier, at its discretion, rectification of the defect (subsequent improvement) or delivery of goods free of defects. The right to claim damages instead of performance shall remain unaffected. TM Recycling shall be entitled to remedy the defect itself or have it remedied by a third party at the Supplier's expense if there is imminent danger or a particular need for urgency. Unless otherwise agreed, the limitation period for claims for defects shall be 36 months, calculated from delivery of the goods. The costs incurred by TM Recycling in the event of complaints due to quality or other reasons shall be charged to the supplier as refusal costs; furthermore, the supplier shall bear in particular demurrage or demurrage charges incurred as a result of the complaint. The rejected goods shall be available for collection by the Supplier for 5 working days. After the expiry of this period, the complaint is considered accepted. At least, the customer is then no longer entitled to demand the return of the goods. With delivery, the customer agrees to this procedure.

V. Product Liability – Indemnification

Insofar as the supplier is responsible for product damage, he shall be obliged to indemnify TM Recycling against claims for damages by third parties, insofar as and to the extent that the cause lies within his sphere of control and organization and he himself is liable externally. Within the scope of the indemnification obligation within the meaning of para. 1, the Supplier shall be obliged to reimburse any expenses pursuant to Section 683, 670 of the German Civil Code (BGB) arising from or in connection with measures carried out by TM Recycling.
C. General limitations of liability

Unless otherwise provided for in these Terms and Conditions, TM Recycling shall be liable without limitation:
For any intentional or grossly negligent causation of damage by TM Recycling, one of its legal representatives, vicarious agents or assistants,
in the event of intentional or negligent injury to life, limb or health; and
for claims under the Product Liability Act or insofar as TM Recycling has fraudulently concealed the defect of an item or has assumed an express guarantee for the quality of an item. Otherwise, TM Recycling shall only be liable in the event of simple negligence in the event of a breach of material contractual obligations and limited to the typically foreseeable damage. Material contractual obligations within the meaning of this Section C are contractual obligations the fulfilment of which is a prerequisite for the proper performance of the contract and on the fulfilment of which the other contracting party regularly relies and may rely. The contracting parties agree that the typically foreseeable damage in the case of personal injury and property damage shall amount to a maximum of € 3,000,000.00 and in the case of other property damage to a maximum of € 100,000.00. Any further liability of TM Recycling for damages than regulated in the above paragraphs shall be excluded, irrespective of the legal nature of the asserted claim. The above liability provisions shall also apply to the personal liability of TM Recycling's employees, workers, staff, representatives and vicarious agents. The contractual partner shall indemnify TM Recycling against claims raised by third parties in connection with the nature or quality of the delivery or service provided by the contractual partner.
D. Other
I. Secrecy

The supplier shall be obliged to maintain as business secrets all commercial and technical information or knowledge which is not in the public domain and which becomes known through the business relationship between TM Recycling and the supplier. The supplier may only advertise the joint business relationship with the prior written consent of TM Recycling.

II. Assignment, Offsetting, Rights of Retention

The supplier shall only be entitled to assign its claims against TM Recycling with the prior written consent of TM Recycling.
TM Recycling shall be entitled to rights of set-off and retention to the extent provided by law.

III. Applicable law/language of contract

The law of the Federal Republic of Germany shall apply exclusively; the UN Convention on Contracts for the International Sale of Goods shall be excluded. The language of the contract and the language of business shall be German.
IV. Jurisdiction

The exclusive place of jurisdiction shall be the registered office of TM Recycling. TM Recycling shall, however, also be entitled to assert claims against the Supplier before the courts of the Supplier's general and special place of jurisdiction.

V. Severability clause

Should one or more provisions of these GPC Raw Materials be or become void or ineffective or unenforceable, this shall not affect the validity of these GPC Raw Materials as a whole. The Parties undertake to replace invalid or unenforceable provisions of these GPC Raw Materials without delay by valid provisions which come as close as possible to the economic objective of the invalid provision. The provisions pursuant to sentences 1 and 2 shall apply mutatis mutandis if these Terms and Conditions should contain a defect.
Status: January 2011
General Terms and Conditions of Sale (GTCS)

General Terms and Conditions of Sale of TM Recycling GmbH

A. General provisions
I. Scope

The General Terms and Conditions of Sale („AVB“) of TM Recycling GmbH regulated below shall apply exclusively; TM Recycling shall not recognize any terms and conditions of the customer that conflict with or deviate from these AVB – unless TM Recycling expressly agrees in writing to the validity of deviating terms and conditions. These GCS shall also apply if TM Recycling carries out the delivery or service to the customer without reservation in the knowledge that the customer's terms and conditions conflict with or deviate from these GCS. These GCS shall only apply to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) and legal persons under public law and special public-law entities. These GTC shall apply to the entire future business relationship with the customer and shall replace any previous GTC or general terms and conditions of TM Recycling.
Individual agreements made with the customer in individual cases (including ancillary agreements, supplements and amendments) shall in any case take precedence over these GTC. The content of such agreements shall be governed by a written contract or written confirmation by TM Recycling. Legally relevant declarations and notifications to be made by the customer to TM Recycling after conclusion of the contract (e.g. setting of deadlines, notifications of defects, declaration of withdrawal or reduction) must be made in writing in order to be effective.
II. conclusion of contract

Offers from TM Recycling are subject to change and non-binding.
The order of the goods by the customer is considered a binding offer of contract.
Acceptance can be declared either by order confirmation (verbally or in writing) or by delivery of the goods to the customer.

III. terms of payment

The prices of TM Recycling „ex warehouse“ plus statutory VAT.
apply. The deduction of a discount is only permissible on the basis of an explicit, written agreement. Amounts invoiced by TM Recycling or credit notes received shall be due for payment immediately without deduction. If invoicing by credit note procedure has been agreed, the customer shall be obliged to provide this immediately upon receipt of the delivery.
In the event of default in payment due to a recognizable loss of assets on the part of the Customer, TM Recycling shall be entitled to withdraw from the contract without having to set a corresponding deadline.

IV. securities

TM Recycling shall be entitled to collateral of a type and scope customary for receivables, even if it is conditional or limited in time.
V. Data protection

The customer agrees that TM Recycling may collect personal data by presenting identification documents for the purpose of invoicing or crediting, as well as for cash payments, and store such data in accordance with the provisions of the German Federal Data Protection Act.

VI. retention of title

TM Recycling shall remain the owner of the delivered goods until the unconditional and complete fulfillment of all claims to which TM Recycling is entitled for any legal reason against the customer and its affiliated companies and subsidiaries now or in the future. In the event of breach of contract by the Customer, in particular in the event of default in payment, TM Recycling shall be entitled to take back the goods subject to retention of title. The taking back of the goods by TM Recycling shall not constitute a withdrawal from the contract, unless TM Recycling declares this in writing or TM Recycling has stored the goods. Even after taking possession of the goods subject to retention of title, TM Recycling shall be entitled to realise them; the realisation proceeds shall be credited against the customer's liabilities to TM Recycling, less reasonable realisation costs. The goods subject to retention of title may neither be pledged to third parties nor assigned as security before full payment of the secured claims. In the event of seizure or other access by third parties to the goods subject to retention of title, the customer shall notify TM Recycling immediately in writing. Insofar as the third party is not in a position to reimburse TM Recycling for the court and out-of-court costs of an action in accordance with § 771 ZPO or § 805 ZPO, the customer shall be liable for the loss incurred by TM Recycling in this respect. The customer shall be entitled to resell the goods subject to retention of title in the ordinary course of business; however, the customer already now assigns to TM Recycling all claims in the amount of the respective final invoice amount including value-added tax which accrue to it against its customers or third parties from the resale, irrespective of whether the goods subject to retention of title have been resold without or after processing. The use of the reserved goods for the performance of contracts for work and services shall also be deemed to be a resale within the meaning of this section. The customer shall be entitled to collect this claim even after the assignment. The authority of TM Recycling to collect the claim itself shall remain unaffected by this. However, TM Recycling undertakes to refrain from collecting the claim as long as the customer duly fulfils his payment obligations towards TM Recycling, in particular as long as no application for the opening of insolvency proceedings has been filed against the customer's assets or payments have not been suspended. If one of the cases mentioned in sentence 4 occurs, TM Recycling may demand that the customer informs TM Recycling without delay of the assigned claims and their debtors, provides all information required for collection, hands over the relevant documents and informs the customer's debtors of the assignment. The processing or transformation of the goods subject to retention of title by the customer shall always be carried out for TM Recycling as manufacturer, without obligating TM Recycling. If the goods are processed with other items not belonging to TM Recycling, TM Recycling shall acquire co-ownership of the new item(s) in the ratio of the value of the goods subject to retention of title to the other processed items at the time of processing. For the item or items created by processing, the provisions pursuant to paragraphs 1 to 3 shall apply accordingly. If the goods subject to retention of title are inseparably mixed with other items not belonging to TM Recycling, TM Recycling shall acquire co-ownership of the new item(s) in the ratio of the value of the goods subject to retention of title to the other mixed items at the time of mixing. If the mixing takes place in such a way that the Customer's item is to be regarded as the main item, it shall be deemed to be agreed that the Customer assigns co-ownership to TM Recycling on a pro rata basis. The customer shall hold the sole or co-ownership thus created in safe custody for TM Recycling. The customer shall also assign to TM Recycling by way of security the claims which may accrue in his favour against a third party as a result of the combination of the goods subject to retention of title with a property.
TM Recycling undertakes to release the securities to which it is entitled at the request of the customer to the extent that the realisable value of the securities exceeds the claims to be secured by more than 10%; the selection of the securities to be released shall be incumbent on TM Recycling.

B. Execution of the delivery
I. Delivery periods, delivery dates

Delivery and performance dates or periods shall only be binding after written confirmation by TM Recycling. All delivery periods and dates shall be subject to unforeseeable production disruptions and timely self-supply with necessary input materials and, insofar as small completion quantities from future orders have been agreed or are customary in the industry, subject to delivery capability and timely self-supply. If the customer does not meet his contractual obligations, such as making an advance payment or similar, in good time, TM Recycling shall be entitled to reasonably postpone delivery periods and dates in accordance with the requirements of the production process. Compliance with the delivery periods and dates shall be determined by the time of dispatch ex works/warehouse.
Delivery and performance delays due to force majeure and due to events that make the delivery of TM Recycling significantly more difficult or impossible – this includes in particular labor, official orders, transport delays, machine breakdown and other events beyond the control of TM Recycling; TM Recycling shall not be responsible for delays, transport delays, machine breakdown and other circumstances for which neither of the parties is responsible, even if they occur at a supplier or sub-supplier of TM Recycling – even in the case of bindingly agreed deadlines and dates. These circumstances shall entitle TM Recycling at its own discretion to postpone the delivery or performance by the duration of the impediment plus a reasonable start-up time or to withdraw from the contract in whole or in part due to the part not yet fulfilled. TM Recycling may only invoke the aforementioned circumstances if it has informed the customer of these circumstances without delay. If the impediment within the meaning of para. 4 lasts longer than 3 months, the customer shall be entitled, after setting a reasonable period of grace, to withdraw from the contract with regard to the part not yet performed. If the delivery or performance period is extended or if TM Recycling is released from its delivery or performance obligation, the customer shall not be entitled to derive any claims for damages from this. In the event of non-compliance with the delivery deadlines, the customer shall only be entitled to the rights from §§ 281, 323 BGB (German Civil Code) if he has set TM Recycling a reasonable deadline for delivery, which – in this respect, in deviation from §§ 281, 323 BGB – is combined with the declaration that he refuses acceptance of the performance after expiry of the deadline; after unsuccessful expiry of the deadline, the claim for performance shall be excluded.
The occurrence of the delay in delivery requires in any case a written reminder by the customer.
TM Recycling shall be entitled at any time to make partial deliveries and render partial services to a reasonable extent.

II. dimensions, weight, goods

Deviations in dimensions, weights and weights are permissible in accordance with DIN or the applicable regulations. The weights are determined on the calibrated scales of TM Recycling or commissioned third parties and are decisive for invoicing. Unless individual weighing is customary, the total weight of the consignment shall apply in each case.
III. shipment, packaging and transfer of risk

Delivery shall be made from the warehouse of TM Recycling or of the third party commissioned, whichever is the place of performance. At the request and expense of the customer, the goods shall be shipped to another destination (sale by delivery to a place other than the place of performance). Unless otherwise agreed, TM Recycling shall be entitled to determine the type of shipment (in particular transport company, shipping route, packaging) itself. Any costs incurred shall be borne by the customer. The risk shall pass to the customer when the goods are handed over to the carrier or freight forwarder, at the latest, however, when the goods leave the factory or the storage location.
At the customer's request, TM Recycling shall take out transport insurance or other suitable insurance at the customer's expense in order to safeguard the contractual performance as far as possible.

IV. Claims for defects

The goods shall be deemed to be in conformity with the contract if, at the time of transfer of risk, they do not deviate or deviate only insignificantly from the agreed specification; the conformity with the contract and the absence of defects in the goods shall be determined exclusively in accordance with the express agreements on the quality and quantity of the goods ordered. Liability for a specific purpose or a specific suitability shall only be assumed insofar as this has been expressly agreed; otherwise the risk of suitability and use shall be borne exclusively by the customer. TM Recycling shall not be liable for deterioration or destruction or improper handling of the goods after transfer of risk. Contents of the agreed specification and any expressly agreed intended use do not constitute a guarantee; the acceptance of a guarantee requires a written agreement. If the delivery or service is defective, TM Recycling shall be entitled to remedy the defect or to make a replacement delivery at its own discretion. TM Recycling may refuse subsequent performance if it is only possible with unreasonable costs. If the rectification of defects or replacement delivery is delayed for reasons for which TM Recycling is responsible or if the rectification of defects or replacement delivery finally fails for other reasons, the customer shall be entitled to the remaining statutory warranty rights. The customer shall only be entitled to claim damages or reimbursement of expenses in accordance with Section C. Claims for defects on the part of the customer shall only exist if the customer notifies TM Recycling of a defect in writing without delay, but at the latest within 5 working days. Defects which cannot be discovered immediately after delivery or performance, even in the event of careful inspection, shall be notified to TM Recycling immediately after discovery, but no later than one month after delivery. After an agreed acceptance has been carried out, any claims for defects which could have been discovered during this acceptance shall be excluded. In the event of complaints, the customer shall immediately give TM Recycling the opportunity to inspect the goods complained about; upon request, the goods complained about or a sample thereof shall be made available at the expense of TM Recycling. In the event of unjustified complaints, TM Recycling shall be entitled to charge the customer for the freight costs and the costs of inspection. The limitation period in the case of defective delivery shall end – except in the case of intent – after the expiry of one year after delivery. Notwithstanding this, the statutory limitation periods shall apply to goods which have been used for a building in accordance with their normal use and have caused the defectiveness thereof. Rectification or replacement shall not cause the limitation period to begin anew. The customer's right of recourse against TM Recycling pursuant to Section 478 of the German Civil Code (BGB) shall be limited to the statutory scope of the third-party claims for defects asserted against the customer and shall be subject to the condition that the customer has complied with his duty of confidentiality in relation to TM Recycling pursuant to Section 377 of the German Commercial Code (HGB).
C. General limitations of liability

Unless otherwise provided for in these Terms and Conditions, TM Recycling shall be liable without limitation:
For any intentional or grossly negligent causation of damage by TM Recycling, one of its legal representatives, vicarious agents or assistants,
in the event of intentional or negligent injury to life, limb or health; and
for claims under the Product Liability Act or insofar as TM Recycling has fraudulently concealed the defect of an item or has assumed an express guarantee for the quality of an item. Otherwise, TM Recycling shall only be liable in the event of simple negligence in the event of a breach of material contractual obligations and limited to the typically foreseeable damage. Material contractual obligations within the meaning of this Section C are contractual obligations the fulfilment of which is a prerequisite for the proper performance of the contract and on the fulfilment of which the other contracting party regularly relies and may rely. The contracting parties agree that the typically foreseeable damage in the case of personal injury and property damage shall amount to a maximum of € 3,000,000.00 and in the case of other property damage to a maximum of € 100,000.00. Any further liability of TM Recycling for damages than regulated in the above paragraphs shall be excluded, irrespective of the legal nature of the asserted claim. The above liability provisions shall also apply to the personal liability of TM Recycling's employees, workers, staff, representatives and vicarious agents. The contractual partner shall indemnify TM Recycling against claims raised by third parties in connection with the nature or quality of the delivery or service provided by the contractual partner.
D. Other
I. Proof of export

If a customer located outside the Federal Republic of Germany (foreign customer) or his agent collects goods and transports or ships them to the foreign territory, the customer shall provide TM Recycling with the export certificate required for tax purposes. If this proof is not provided, the customer shall pay the VAT rate applicable for deliveries within the Federal Republic of Germany from the invoice amount.

II. Confidentiality

The customer shall be obliged to maintain as business secrets all commercial and technical information or knowledge which is not in the public domain and which becomes known as a result of the business relationship between TM Recycling and the customer. The client may only advertise the joint business relationship with the prior written consent of TM Recycling.

III. set-off, rights of retention

The Customer may only set off undisputed or legally established claims; the Customer shall only be entitled to rights of retention if they are based on the same contractual relationship.
IV. Applicable law/contractual language

The law of the Federal Republic of Germany shall apply exclusively; the UN Convention on Contracts for the International Sale of Goods shall be excluded. Contractual and business language is German.
V. Jurisdiction

The exclusive place of jurisdiction shall be the registered office of TM Recycling. TM Recycling shall, however, also be entitled to assert claims against the customer before the courts of the customer's general and special place of jurisdiction.

VI. Severability clause

Should one or more provisions of these GTC be or become void or ineffective or unenforceable, this shall not affect the validity of these GTC for the rest. The parties undertake to replace invalid or unenforceable provisions of these GTC without delay by valid provisions which come as close as possible to the economic objective of the invalid provision. The provisions pursuant to sentences 1 and 2 shall apply mutatis mutandis if these Terms and Conditions contain a defect.
Status: September 2016