Preamble:

When collaborating with vendors, subcontractors and service providers C + P focuses particularly on companies that are characterized by integrity, continuity, sustainability, high quality standards and reliability.

C + P is always searching for optimum solutions that delight our customers. With a great deal of expertise and experience, we provide our costing and executing departments with information for preparing tenders and we purchase everything from individual components through to complex subcontractor services.

When awarding contracts C + P is concerned with making the right selection in terms of risk, quality, time, cost and compliance aspects. For this purpose C + P identifies highly innovative, regional, national and international vendors, thereby continuously optimizing its vendor portfolio. Furthermore, C + P maintains intensive exchanges with existing vendors in order to continuously improve cooperation.

Alongside flexibility in cooperation and a healthy financial structure, C + P expects its vendors to have a corporate philosophy which is compatible with that of C + P. C + P values long-term partnerships that are based on trust and transparency together with mutual understanding.

I Scope

(1) All shipments, services and offers of our vendors shall be solely based on these General Terms and Conditions of Purchase. These form an integral part of all contracts that we conclude with our vendors for goods and/or services that they offer. They shall apply to all future goods and/or services or offers to the sold-to party, even if they are not separately agreed once again.

(2) The terms and conditions of business of our vendors or third parties shall not apply, even if we do not expressly object to their validity in any individual case. Even if we refer to a letter that contains the vendor's terms and conditions or those of a third party or refer to such, this shall not indicate any agreement to the applicability of those terms and conditions of business contained therein.

II Orders and Commissions

(1) Where our quotations do not expressly state an acceptance deadline we shall honor the quotation for one week following its date of issue. Orders shall be deemed to have been accepted upon receipt of the statement of acceptance by C + P.

(2) C + P shall be entitled to change the delivery address of the shipment and type of packaging at any time by issuing a written notification with a period of notice of at least 7 calendar days prior to the agreed delivery date. The same shall apply to changes to product specifications, provided that this can be executed by the vendor in line with his normal production processes and without significant additional cost, whereby the period of notice as stated in the above provision shall in these cases be at least 14 calendar days. We shall refund the vendor with any verified and appropriate additional costs incurred as a result of the change. If such changes cause delivery delays that cannot be prevented with reasonable effort during the vendor’s normal production and business operations, the original delivery date shall be postponed accordingly. The vendor shall notify us in writing of his careful assessment of the expected extra expenses or delivery delay in good time before the delivery date, but at least within 3 working days of receipt of our notification as set forth in paragraph 1.

(3) C + P shall be entitled to terminate the contract at any time by issuing a written declaration and stating the reason therefor, if we are no longer able to use the ordered products in our business operations due to circumstances arising after conclusion of the contract. In such cases we shall pay the vendor for any partial services/supplies provided.

III Prices, Payment Terms and Invoice Details

(1) The price stated on the order shall be binding.

(2) If no other written agreement is made, the price shall include delivery and shipment to the delivery address stated in the contract and shall include packing.

(3) If the agreement concluded does not include the cost of packing and payment therefor (packing materials that are not only provided on a loan basis) has not been expressly determined, this shall be billed at verifiable cost prices. At our request the vendor shall undertake to take back any packaging at his own expense.

(4) If no other agreement has been reached, we shall pay for the goods within 14 days with 3% cash discount or within 30 days net after delivery of the goods and receipt of the invoice. Receipt of our transfer instruction by our bank shall be the decisive factor in determining the punctuality of the payments due.

(5) All order confirmations, delivery notes and invoices shall contain our order number, delivery quantity and delivery address. Should one or more of these details be missing and processing is delayed by us during the course of our normal business operations, the payment periods set forth in paragraph 4 shall be extended by the period of the delay.

(6) Should we fall into arrears with payment, we shall be liable to pay interest at 5% above the base interest rate in accordance with § 247 of the German Civil Code (BGB).

IV Delivery Periods, Delivery and Transfer of Risk

(1) The delivery date stated by C + P on the order, or otherwise stipulated pursuant to these General Terms and Conditions of Purchase, shall be binding. Premature deliveries are not permitted.

(2) The vendor undertakes to inform C + P immediately in writing if circumstances arise or become apparent which can lead to failure to comply with the delivery date.

(3) If the latest day on which the delivery should take place can be determined from the provisions of this contract, the vendor shall be considered to be in delivery default at the end of the specified delivery day, without the necessity of a reminder from our side.

(4) In the event of delivery default, C + P shall be entitled to assert unrestricted statutory rights, including the right of withdrawal from the contract and the right to claim damages, in place of accepting the goods/service, following the fruitless expiry of a reasonable period of grace.

(5) C + P shall be entitled to demand payment of a contractual penalty for delivery delays, after issuing a previous written warning to the vendor, for each commenced week of the delay amounting to 0.5%, and up to a maximum of 5%, of the respective order value. The contractual penalty shall be set off against the damages for delay to be paid by the vendor.

(6) The vendor shall not be entitled to make partial deliveries without our previous written agreement.

(7) The risk shall only be transfered to C + P when the goods are handed over to C + P at the agreed destination, even if shipment had been agreed at the request of C + P.

V Protection of Ownership

(1) C + P reserves title and copyrights to all orders or commissions issued by C + P and title and copyrights to all drawings, illustrations, calculations, descriptions and other documents provided to the vendor. The vendor may neither make them accessible to third parties nor use them or reproduce them himself or allow third parties to do so. Upon our request, the vendor shall return to us all documents in full if they are no longer needed for proper business procedures or if negotiations do not lead to the conclusion of a contract. In this event, any copies made of these documents by the vendor shall be destroyed; the only exceptions shall be for the purposes of retaining the documents in line with a legal obligation to retain data and the storage of data for back-up purposes in line with normal data backup procedures.

(2) Tools, equipment and models that we make available to the vendor or that are produced for the purposes of the contract and are separately invoiced to us by the vendor shall remain or become our property. They must be identified as our property by the vendor, stored carefully, be protected against all types of damage and only be used for the purposes of the contract. Where no other arrangements have been agreed, the costs for the maintenance and repair of these items shall be paid on a 50:50 basis by the contracting partners. To the extent that such costs are attributable to defects in items produced by the vendor or to improper usage on the part of the vendor, its employees or other vicarious agents, then such costs shall be borne by the vendor alone. The vendor shall notify us immediately all damage caused to these items that cannot only be termed minor. Upon request, the vendor undertakes to hand these items over to us in good condition if they are no longer needed for fulfilling the contract concluded with us.

(3) The reservation of title by the vendor only applies to the extent that it relates to our obligation to pay for the respective products to which the supplier reserves title. In particular, wider or extended reservation of title shall be excluded.

VI Warranty Claims

(1) In the event of defects we shall be entitled to assert unrestricted statutory rights. Deviating from this, however, the warranty period shall be 30 months, for construction products 5 years and 3 months.

(2) Notifications of any quality defects or quantity deviations shall be deemed to be made in a timely fashion if we notify the vendor thereof within 7 working days of the date on which we received the goods. Complaints relating to hidden material defects shall also be deemed to be made in a timely fashion if we notify the vendor thereof within 7 working days of discovery.

(3) Acceptance or approval of the samples or test products by C + P shall not mean that C + P waives its right to make warranty claims.

(4) Upon receipt by the vendor of our written notification of defects, the statute of limitation with regard to warranty claims shall be suspended until the vendor has definitively rejected our claims or declares the defect to be rectified or otherwise refuses to continue the negotiations concerning our claims. The warranty period shall begin anew for replaced and improved components in the event of replacement deliveries and defect rectification, or in cases where it can be assumed that the vendor did not consider himself obligated to undertake such measures, but only made replacement deliveries or rectified defects for reasons of goodwill of other similar reasons.

VII Product Liability

(1) The vendor shall be responsible for all claims asserted by third parties for physical or material damages which can be traced back to the vendor as a result of the supply of defective products and undertakes to release us from any liability resulting therefrom. If we are obliged to carry out a recall campaign due to a defect in a product delivered by the vendor, the vendor shall bear all costs associated with the recall campaign.

(2) The vendor undertakes, at his own expense, to maintain a product liability insurance policy with an appropriate limit of indemnity, that, unless otherwise agreed in individual cases, does not have to cover the product recall risk or punitive or other damages. Upon request, the vendor undertakes to provide C + P with a copy of the liability insurance policy at any time.

VIII Property Rights

(1) The vendor shall, as provided for in paragraph 2, be responsible for ensuring that products supplied by the vendor do not violate any third party property rights in countries of the European Union or in other countries in which the products are produced or can be produced.

(2) The vendor undertakes to indemnify C + P against all claims asserted by third parties against C + P as a result of the violation of industrial property rights as set forth in paragraph 1 and to reimburse C + P for all of the necessary expenses arising from such claim. This entitlement shall not apply if the vendor is able to prove he was neither responsible for the violation of property rights nor could have known of such violation under the application of due commercial diligence at the time of delivery.

(3) Further legal claims relating to legal defects with the products supplied to us shall remain unaffected by this.

IX Spare Parts

(1) The vendor undertakes to maintain a stock of spare parts for the products supplied to us for a period of at least 6 years following delivery.

(2) Should the vendor intend to end production of spare parts for the products supplied to us, he shall inform us thereof immediately following the decision to end their production. This decision must – subject to paragraph 1 – be taken at least 6 months before the end of production.

X Confidentiality

(1) The vendor undertakes to maintain strict confidentiality regarding the conditions of the order and all information and documents provided for this purpose (with the exception of publicly accessible information) and to use them solely for the execution of the order. The vendor shall, upon request, hand back all information and documents immediately after processing inquiries or executing orders.

(2) Without obtaining written permission from us in advance, the vendor shall not refer to the business relationship with us in advertising material, brochures etc., and shall not exhibit deliverables manufactured for us.

(3) The vendor shall impose the same obligation on his subcontractors.

XI Assignment

The vendor shall not be entitled to assign his claims arising from the contractual relationship to third parties. This shall not apply in the case of pecuniary claims.

XII Place of Execution, Court of Jurisdiction and Applicable Law

(1) If the Client is a registered trader, a corporate body under public law or a special assets fund under public law or does not have a general place of jurisdiction in the Federal Republic of Germany, the sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship between C + P and the Client shall be the registered office of C + P or the registered office of the Client. However, for lawsuits brought against C + P the registered office of C + P shall, in these cases, be the sole place of jurisdiction. Mandatory legal provisions concerning exclusive places of jurisdiction shall remain unaffected by this provision.

(2) The relationship between C + P and the Client shall be solely governed by the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG) shall not apply.

(3) Should the contract or these general terms of delivery contain loopholes, these loopholes shall be closed with legal provisions which the parties to the contract would have agreed upon on the basis of the commercial aims of the contract and the purpose of these general terms and conditions of purchase if they had identified the loopholes.

Information last revised: 01/2019

Download a printable version (PDF in German language) here

I Scope of These Contract Conditions

(1) All shipments, services and offers of C + P shall be solely based on these General Terms and Conditions of Sale. These form an integral part of all contracts that C + P concludes with its contract partners (hereinafter also referred to as "Clients") for the goods and/or services offered. They shall apply to all future goods and/or services or offers to the Client, even if they are not separately agreed once again.

(2) The terms and conditions of business of the Client or of third parties shall not apply, even if C + P does not expressly object to their validity in any individual case. Even if C + P refers to a letter that contains the Client's terms and conditions or those of a third party or refers to such, this shall not indicate any agreement to the applicability of those terms and conditions of business.

(3) Deviations from these terms and conditions of business shall only be effective if they are expressly confirmed in writing. Subsidiary agreements and modifications shall require agreement in writing.

II Orders and Conclusion of Contract

(1) All offers are subject to change and are not binding, provided they are not expressly marked as binding or contain a fixed acceptance period. C + P shall be entitled to accept orders or contracts within fourteen days of receipt.

(2) The sole authoritative document for the legal relationship between C + P and the Client is the contract concluded in writing, including these General Terms and Conditions of Sale. This fully reflects all agreements made between the contracting parties on the subject matter of the contract. Verbal commitments made before conclusion of the contract shall not be legally binding and verbal agreements made by the contracting parties shall be replaced by the written contract, unless the contract explicitly states in each case that they continue to be effective and binding.

(3) Supplements and changes to the concluded agreement, including these General Terms and Conditions of Sale, shall be made in writing in order to be effective. With the exception of executive officers or authorized officers, the employees of C + P are not entitled to make verbal agreements that deviate from these provisions. Confirmation by means of telecommunication or electronic data transfer, in particular by telefax or email, shall be sufficient to meet the written form requirement, provided that a copy of the signed declaration is transmitted.

(4) Information about the goods and services supplied (e.g. weights, dimensions, utility values, load capacities, tolerances and technical data) and our representation of them (e.g. in drawings and illustrations) are only indicative unless the application for the contractually intended purpose requires precise compliance. These are not guaranteed performance specifications or quality characteristics, but descriptions or identifications of the goods and/or services. Variations that are usual in the trade and discrepancies that result from legal provisions or that constitute technical improvements, as well as replacement of components with parts of the same standard, are permissible, provided they do not adversely affect their use for the purposes intended by the contract. Our written order confirmation shall be the relevant factor in determining the scope of delivery and/or the service. If both parties have not signed a contract document the contract shall enter into effect under these conditions upon our written order confirmation.

(5) C + P reserves title or copyrights to all quotations and cost estimates issued by C + P and to all drawings, illustrations, calculations, brochures, catalogs, models, tools and other documents and resources provided to the Client. The Client may not, without express consent, make these items (per se or their contents) available to third parties, disclose them or use or reproduce them himself or allow third parties to do so. Upon request, he shall return to us all of these items in full, together with any copies made thereof, if they are no longer needed by him for proper business procedures or if negotiations do not lead to the conclusion of a contract. Excepted from this shall be the electronic storage of the provided data for normal data backup purposes.

The German Construction Tendering and Contract Regulations (VOB) Part B, in the version valid at the time of order placement, shall apply in addition, if and insofar as the contractual relationship is to be classified in the same field of application (construction contracts).

III Prices and Terms of Payment

(1) The prices apply to the scope of goods and services stated in the order confirmation. Any additional or special goods or services shall be separately invoiced. All prices are quoted in EURO exclusive of statutory sales tax, customs duty in the case of exports, together with fees and other public levies. Unless deviating agreements exist, prices shall be valid ex-construction site. Unless deviating agreements exist, payments are due as follows:

30% down-payment upon receipt of the order confirmation<br/> 30% at the start of deliveries<br/> 30% at the end of delivery and assembly

Remaining balance upon acceptance if acceptance has been agreed or is usual.

(2) The prices are based on the cost of manufacture at the time of quotation. If the period between concluding the contract and the agreed and/or actual delivery date is more than 4 months, we shall be entitled to adjust the price accordingly in the event of price increases for materials, wages, taxes, freight costs and other price-determining factors.

(3) Payments on account shall become payable within 14 days and final accounts within 30 days and without any deductions, provided that to other arrangements have been agreed in writing. The relevant date of payment shall be the date the payment is credited. Payment by check shall be excluded, unless agreed upon in individual cases. If the Client does not pay by the due date, then interest will be charged at the statutory rate on the outstanding amounts as from the due date; the assertion of claims for additional damages in case of late payment shall remain unaffected by this.

(4) The offsetting of counter-claims or retention of payments based on such claims shall only be permitted if the counter-claims are undisputed or have been legally established.

(5) C + P shall be entitled to make/provide outstanding deliveries/services only in return for payment in advance or the provision of security if, after conclusion of the contract, we become aware of circumstances that may significantly reduce the Client's creditworthiness and that jeopardize payment by the Client of accounts still outstanding resulting from the respective contractual relationship (including from other individual orders for which the same master agreement applies).

IV Delivery and Delivery Period

(1) Delivery shall be made ex works. The delivery period is based upon the dates set forth in the order confirmation. Erection cannot take place before the construction permit is issued. If the ordering party furnishes documents, permits and approvals late, then the delivery date shall be postponed and shall be re-agreed taking the hindrance into consideration.

(2) Deadlines and dates proposed by C + P for the supply of goods and services are only approximate, unless a firm deadline or date has been expressly approved or agreed to. Where shipment has been agreed, delivery deadlines and dates shall relate to the time of hand-over to the forwarding agent, carrier or other third party engaged with transportation.

(3) C + P can – without prejudice to the rights arising from payment arrears by the Client – demand from the Client an extension to the delivery and service deadlines or postponement of delivery and service dates, during which the Client does not fulfill his contractual obligations to C + P.

(4) C + P shall not be liable for impossibility of delivery or for delays in delivery in so far as these are caused by force majeure or other events which were not foreseeable at the time of concluding the contract (e.g. operating disruptions of all kinds, difficulties in procuring materials or power, transport delays, strikes, lawful lockouts, manpower shortages, energy or raw material shortages, difficulties in procuring necessary official approvals, measures imposed by the authorities or non-delivery or incorrect or late delivery by suppliers), for which the vendor is not responsible. To the extent that such events make delivery or service provision difficult or impossible for the vendor and the hindrance is not only of temporary duration, C + P shall be entitled to withdraw from the contract. In the event of hindrances of temporary duration, the delivery and service deadlines shall be extended or the delivery and service dates shall be postponed by the duration of the hindrance to performance, plus an appropriate lead time. In so far as the Client cannot be expected to accept the supply or service as a result of the delay, he may withdraw from the contract by giving immediate written notification to C + P.

Poor weather conditions shall extend erection time by an appropriate period. C + P shall not be responsible for the aforementioned circumstances, even if they arise during an already existing delay.

(5) C + P shall only be entitled to perform partial delivery if

• the partial delivery can be used by the customer within the scope of the intended contractual use,
• the delivery of the remaining ordered goods is guaranteed and
• no significant additional work or additional costs are incurred for the Client (unless C + P states its preparedness to pay such costs).

(6) If C + P falls behind with a delivery or service of if a delivery or service becomes impossible for C + P, irrespective of the reason therefor, then liability shall be limited to damages in accordance with these General Terms and Conditions of Sale.

(7) The risk is transferred to the ordering party at the latest once C + P or one of its subcontractors completes the installation of the goods.

(8) If the ordering party is in default of acceptance the risk shall be passed to the ordering party from the date the goods were ready for shipping.

(9) Deliveries must be accepted by the ordering party, even if they exhibit minor defects, without prejudice to his statutory rights.

V Acceptance

Acceptance of the works shall take place in accordance with the provisions of the German Construction Tendering and Contract Regulations in the version valid at the time of concluding the contract, if and insofar as its scope of applicability is established, otherwise in accordance with the provisions of the German Civil Code (BGB).

VI Liability for Damages in Case of Default

(1) C + P's liability to pay damages, irrespective of the legal grounds, in particular due to impossibility of performance, delay, defective or incorrect delivery, breach of contract, breach of obligations during contractual negotiations and tortuous acts shall, provided culpability exists in each case, be limited in accordance with the provisions of this clause.

(2) C + P not be liable in cases of simple negligence of its corporate bodies, legal representatives, employees or other vicarious agents provided that this does not involve the breach of material contractual obligations (cardinal obligations). Material contractual obligations include the obligation to deliver and install the delivered goods on time, ensure that they are free of defects in title and such material defects that materially impair their functionality or fitness for purpose, together with advisory, protective and custodial obligations and duties to exercise proper care that should allow the Client to use the delivered goods in the manner intended by the contract or the purpose of which is to protect the life and limb of the Client's personnel or to protect his property from significant damage.

(3) To the extent that C + P is liable for damages on the grounds of and in accordance with this clause, liability shall be limited to damages that C + P had foreseen when concluding the contract as a possible consequence of breach of contract or which it should have been able to foresee by practicing due diligence. Indirect damages and consequential damages that result from defects in the delivered goods shall furthermore be liable for compensation if such damage can be typically expected when the delivered goods are used for their intended purpose.

(4) In the case of liability for ordinary negligence, liability to pay compensation for material defects and resultant further consequential losses shall be limited to an amount per damage case that corresponds to the respective limit of indemnity of the product liability insurance policy or liability insurance policy, even if a material contractual obligation has been breached.

(5) The aforestated limitations and restrictions of liability shall apply to the same extent in favor of the corporate bodies, legal representatives, employees and other vicarious agents of C + P.

(6) To the extent that C + P provides technical information or acts as an adviser and this information or advice is not part of the contractually agreed scope of services, this shall be performed for convenience purposes, free of charge charge and under the exclusion of any liability.

(7) The limitations of this clause shall not apply to C + P's liability resulting from deliberate actions, for guaranteed characteristics, resulting from loss of life, personal injury or damage to health or in accordance with product liability legislation.

VII Retention of Title

Deliveries are made solely on the basis of the following detailed retention of title provisions. This shall also apply to all future deliveries, even if we do not expressly refer thereto in each case.

(1) The delivered goods (goods subject to retention of title) shall remain our property until all existing claims that we have vis-à-vis the Client, now or in the future, and inclusive of any current account balance claims, have been settled. If the Client acts in breach of contract in any way - in particular if he is in payment default - we shall be entitled to withdraw from the contract, after having set a reasonable deadline for the Client to fulfill his obligations. The Client shall bear the costs incurred for return. If we take back the goods subject retention of title, this shall already be considered as withdrawal from the contract. If we repossess the goods subject to retention of title, this shall also be considered as withdrawal from the contract. We shall be entitled to realize the value of (sell) the goods subject to retention of title that we have repossessed. The proceeds from the sale of the goods subject to retention of title shall be offset against the amount owed to us by the contract partner after we have deducted an appropriate amount to cover the cost of sale.

(2) Where title has not yet been transferred to him, the Client undertakes to handle the goods subject to retention of title with care. He undertakes, in particular, to insure them sufficiently up to their new value and at his own expense against theft, fire and water damage. As long as title has not yet been transferred, the Client undertakes to inform us immediately in writing if the delivered goods are repossessed or otherwise subject to the intervention of any third party. If the third party is not in a position to reimburse us for the judicial and extra-judicial costs of third-party proceedings in accordance with § 771 of the German Civil Procedure Code (ZPO), the Client shall be liable for the loss suffered by us.

(3) The Client shall be entitled to resell the goods subject to retention of title in the ordinary course of business. The purchaser shall already assign to us any receivables from the sale of the goods subject to retention of title to C + P. C + P herewith accepts such assignment in advance. This assignment shall apply irrespective of whether the goods subject to retention of title are resold before or after they are processed. The Client shall be granted revocable authorization to collect the receivables at any time.

(4) Any processing or conversion of the goods subject to retention of title shall be carried out in all cases in the name and on behalf of C + P. In such cases the contract party's expectant right to the purchased goods shall continue in respect of the transformed article. If the goods subject to retention of title are processed with other items that do not belong to us, then we shall acquire co-ownership of the new item in proportion to the objective value of our goods subject to retention of title to the other processed items at the time of processing. The same shall apply in the event that the goods are mixed. If such mixing takes place in such manner that the contract party's item must be considered to be the main item, then it shall be deemed to be agreed that the purchaser shall assign proportional co-ownership to us and shall hold safe the sole or co-ownership that arises in this manner for us. To secure our claims against him, the Client also already assigns to us such claims that arise against third parties due to the combination of goods subject to retention of title with real estate; we herewith accept such assignment. At the request of the Client we undertake to release the securities to which we are entitled insofar as the value of our securities exceeds the claims to be secured by more than 20%.

(5) The Client shall, upon request, supply us with an inventory list of the assigned claims.

The following shall be shown on the inventory list: Name and address of the the third-party debtor, amount together with the invoice date and due date of payment; information about the extent to which assigned claims have already been assigned, for which assigned claims assignment has been excluded or that require express agreement from the third-party debtor and whether third-party debtors are entitled to set off appropriate counterclaims against the security provider and, if so, which; and all outstanding claims resulting from legal relationships between the security provider and his suppliers, stating the amounts in question, the names and addresses of the suppliers in question and the date of the invoice and due date of payment.

VIII Warranty

The provisions of the German Construction Tendering and Contract Regulations (VOB) Part B, insofar as their scope of application has been established, and these general terms and conditions do not contain special provisions. Otherwise, the corresponding provisions of the German Civil Code (BGB) shall apply.

IX Final Provisions

(1) If the Client is a registered trader, a corporate body under public law or a special assets fund under public law or does not have a general place of jurisdiction in the Federal Republic of Germany, the sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship between C + P and the Client shall be the registered office of C + P or the registered office of the Client. However, for lawsuits brought against C + P the registered office of C + P shall, in these cases, be the sole place of jurisdiction. Mandatory legal provisions concerning exclusive places of jurisdiction shall remain unaffected by this provision.

(2) The relationship between C + P and the Client shall be solely governed by the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG) shall not apply.

(3) Should the contract or these general terms of delivery contain loopholes, these loopholes shall be closed with legal provisions which the parties to the contract would have agreed upon on the basis of the commercial aims of the contract and the purpose of these general terms and conditions of purchase if they had identified the loopholes.

Information last revised: 01/2019

Download a printable version (PDF in German language) here