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Terms and Conditions

Section 1 Scope of Application

  1. To the extent not expressly otherwise agreed in writing, the present Conditions of Sale and Delivery of Ihne & Tesch GmbH and Ihne & Tesch GmbH & Co.KG (hereinafter collectively referred to as “ITE”), as well as of Keller, Ihne & Tesch Ges.m.b.H. (hereinafter referred to as “KIT”) apply to all offers, purchase agreements, orders, and deliveries made or to be made to the customer and/or ordering party (hereinafter, the “Buyer”) by ITE/KIT.
  2. The present Conditions of Sale and Delivery apply exclusively. General terms and conditions of the Buyer that are contrary to or deviate from – or complement – the present Conditions of Sale and Delivery are not recognized, unless ITE/KIT expressly agrees to their applicability in writing.
  3. The present Conditions of Sale and Delivery apply exclusively. General terms and conditions of the Buyer that are contrary to or deviate from – or complement – the present Conditions of Sale and Delivery are not recognized, unless ITE/KIT expressly agrees to their applicability in writing.
  4. The present Conditions of Sale and Delivery shall equally apply to all future business relations even in the absence of a further express agreement on their applicability.
  5. General terms and conditions of the Buyer that are contrary to or deviate from the present Conditions of Sale and Delivery are not recognized even if not expressly objected to by ITE/KIT.
  6. All agreements made between ITE/KIT and the Buyer for the execution of an order and/or deliveries are set out in the present Conditions of Sale and Delivery.
  7. The present Conditions of Sale and Delivery shall apply solely to entrepreneurs within the meaning of the statutory provisions applicable to the relevant transaction (if German law is applicable, Section 310 sub-section 1 BGB (German Civil Code)).

 

Section 2 offer and conclusion of contract

  1. The offers and offers for sale issued by ITE/KIT are not binding and without obligation unless expressly stated to be binding in the wording of the offer. Offers submitted by the Buyer shall be deemed accepted only when confirmed in writing by ITE/KIT. Silence on the part of ITE/KIT following offers of the Buyer shall not be deemed an acceptance of the offer. The same applies with regard to commercial letters of confirmation transmitted electronically, unless otherwise agreed between the parties.
  2. ITE/KIT retains all of its proprietary rights and title as well as copyrights in and to illustrations, drawings, calculations, and other documents sent to the Buyer within the framework of an offer and during the execution of the contract. This provision applies equally to documents stated to be “private” and/or “confidential”. Without the prior written consent of ITE/KIT, no such documents may be used or copied for purposes other than the fulfillment of the contract, and their contents may not be disclosed to third parties. If a contract is not concluded, the according documentation shall be promptly returned to ITE/KIT.
  3. No guarantee is given by ITE/KIT unless the confirmation of the order or the respective advertisement con-tains an express commitment to this effect.
  4. The documentation (cost estimates etc.) delivered by ITE/KIT within the framework of the initiation of the contract, as well as the technical information provided by ITE/KIT shall be decisive. Technical changes or technical improvements and/or modifications to the construction shall be permissible to the extent that they are in conformity with the applicable DIN standards (German industry standards) or the applicable practice and to the extent that the Buyer can reasonably be expected to accept the same in all other respects as well.

 

Section 3 scope of delivery, transport and passing of risk

  1. Unless otherwise agreed, deliveries are ex works. Consequently, the risk of deterioration or loss passes to the Buyer with its notification of the purchase item being ready for dispatch and the singling out of the purchase item.  If sale by delivery to a place other than the place of performance has been agreed upon, the risk of deterioration or loss passes to the Buyer no later than with the dispatch of the delivery item ex works or ex place of dispatch.  In the event of a delay in dispatch owing to the Buyer’s conduct, the risk passes to the Buyer with the Buyer’s notification of the delivery item being ready for dispatch.
  2. At the Buyer’s request, ITE/KIT will take out, on behalf and for the account of the Buyer, a transport insurance policy on the basis of the Standard Conditions for Transport Insurance, such insurance policy to cover the risk of transportation of the deliveries covered by the contract ex works to the agreed destination.
  3. If trade terms are agreed upon, the Incoterms, as amended from time to time, shall apply additionally to the present Conditions of Sale and Delivery. The scope of the delivery is stated in the confirmation of the order.
  4. ITE/KIT shall have the right to carry out partial deliveries and issue partial invoices before the expiration of the delivery period to the extent that the Buyer can reasonably be expected to accept the same. Notwithstanding this provision, the occurrence of a default of acceptance or debtor’s default by the Buyer shall continue to be governed exclusively by Section 4 and Section 7 below.
  5. Minor deviations from the agreed quantity (whether short deliveries or excess deliveries) that are due to production-related technical reasons (e.g., in the case of up to 19 heated cartridges -/+ 1 and in the case of deliveries exceeding 20 units - /+ 5% of the delivery quantity) shall be deemed proper performance of the contract. However, the Buyer will always be billed for the quantity delivered. ITE/KIT shall be obligated to inform the Buyer as soon as possible of the probable deviation between the quantity delivered and the quantity ordered.

 

Section 4 delivery period and "force majeure"

  1. ITE/KIT may reasonably extend the delivery period by notifying the Buyer of such extension if important operational interests (e.g., provisioning bottlenecks) require so and if no overriding interests of the Buyer conflict with an according extension. Besides, delivery periods, if any, begin to run no earlier than with the receipt of any and all documentation and information necessary for determining the content of the order, to the extent that the Buyer is responsible for procuring the same, and upon receipt of a possibly agreed advance payment. Furthermore, in order for the delivery period specified in the particular case to begin to run, all technical questions must have been clarified and the Buyer must have fulfilled its obligations in due time and manner. ITE/KIT reserves the right to raise the defense of non-performance of the contract.
  2. In the event of delivery ex works, the delivery period shall be deemed complied with if the purchase item has been singled out and is ready for dispatch within the agreed delivery period and if the Buyer has been so notified.  If sale by delivery to a place other than the place of performance has been agreed upon, the delivery period shall be deemed complied with if the purchase item has been handed over to the forwarding agent within the agreed delivery period.
  3. If the Buyer is in delay with acceptance or culpably violates other cooperation duties, ITE/KIT shall have the right to demand compensation for the damage thereby incurred, including additional expenses, if any. ITE/KIT reserves the right to assert further claims.
  4. The risk of accidental loss or accidental deterioration of the purchase item passes to the Buyer at the point in time the Buyer makes default in accepting the delivery or in performing its debtor’s obligations.
  5. Upon occurrence of operational disturbances (also at suppliers of ITE/KIT) for which ITE/KIT is not responsible and that considerably affect the production or delivery of the contractual delivery item, the delivery period shall be extended for the duration of the respective operational disturbance. If, despite all reasonable endeavors, an adjustment of the contract required because of operational disturbances for which ITE/KIT is not responsible proves to be impossible, ITE/KIT shall be released from its duty to perform. In this case, the Buyer shall be released from its obligation to pay the purchase price. If, owing to the aforementioned circumstances, the delivery period is extended or ITE/KIT is released from its duty to perform, the Buyer shall not be entitled to liability claims or claims for compensation vis-à-vis ITE/KIT. ITE/KIT shall be obligated, however, to notify the Buyer of the occurrence of operational disturbances, if any. The parties may withdraw from the contract no earlier than six weeks after the receipt of a notification to this effect.
  6. If the dispatch, delivery, or collection of the delivery item is delayed at the request of the Buyer or because of circumstances that originate in the Buyer’s sphere of responsibility, the Buyer shall be obligated to reimburse ITE/KIT for the costs incurred due to storage, as well as for the cost of interest on the capital used in respect of the delivery item. If the delivery item is stored by ITE/KIT, the claim to reimbursement shall be in an amount equal to at least 0.5% of the outstanding invoice amount per month or part thereof, beginning one month after notification of the delivery item being ready for dispatch. The Buyer may prove, however, that the damage in-curred in the particular case is lower. After stipulating a reasonable period for performance and expiration of such period to no avail, ITE/KIT shall, however, be entitled to otherwise dispose of the delivery item and to provide a substitute to the Buyer within a reasonably extended period of time.

 

Section 5 liability of ITE/KIT in the event of delay

  1. ITE/KIT shall be liable in accordance with the statutory provisions if the respective agreement is based on a transaction for delivery by a fixed date (if German law is applicable, within the meaning of Section 286 sub-section 2 no. 4 BGB or within the meaning of Section 376 HGB (German Commercial Code)). ITE/KIT shall further be liable in accordance with the statutory provisions if, as a consequence of a delay with delivery for which ITE/KIT is responsible, the Buyer legitimately asserts that it no longer has an interest in the further performance of the contract.
  2. ITE/KIT shall be liable in accordance with the statutory provisions if the delay in delivery is due to a willful or grossly negligent breach of contract. If, however, the delay in delivery is not due to a willful breach of contract, liability for damages shall be limited to the foreseeable, typical damage.
  3. ITE/KIT shall be liable in accordance with the statutory provisions to the extent that a delay in delivery for which ITE/KIT is responsible is based on the culpable violation of an essential contractual obligation. In this case too, liability for damages shall be limited to the foreseeable, typical damage, however.
  4. Additionally, in the event of a culpable delay in delivery (only within the meaning of Section 286 BGB) and if German law is applicable ITE/KIT shall be liable – within the framework of lump-sum compensation for default – in an amount equal to 3% of the delivery value for each entire week of delay, at maximum, however, in an amount equal to 15% of the delivery value. ITE/KIT may prove, however, that the damage actually incurred in the particular case is lower.
  5. The Buyer has the right to assert further statutory claims and rights.

 

Section 6 supply of software

  1. If the respective delivery item is sold together with electronic equipment, ITE/KIT grants the Buyer a right of use in respect of the pertinent software, which right may not be transferred, as a rule.
  2. By way of an exception, a transfer is permissible if the Buyer proves that it has a legitimate interest in such transfer to a third party subject to surrender of its own right of use, e.g., in the event of a sale of the complete equipment.
  3. The written documents and programs necessary for operating the respective delivery item are usually protected by copyrights and property rights and, hence, remain the property of ITE/KIT.

 

Section 7 prices and terms of payment

  1. Unless otherwise agreed in writing, deliveries shall be made at the prices made known by ITE/KIT.
  2. In the absence of an agreement on fixed prices, ITE/KIT reserves the right to demand reasonable price ad-justments because of changes in wage costs, material costs, and distribution expenses for deliveries carried out three months after the conclusion of the contract or later.
  3. Unless otherwise stated in the confirmation of the order by ITE/KIT, all prices are ex works or ex the respec-tive place of dispatch, packaging excluded. ITE/KIT will bill the Buyer separately for the packaging.
  4. With regard to replacement parts and goods to be consumed (consumables), all prices are ex the respective branch carrying out the delivery or ex distribution center.
  5. Unless otherwise indicated, all prices are in Euro and plus transport, insurance, installation, and instruction costs, if any; furthermore, prices are subject to statutory VAT at the rate applicable from time to time. Statutory VAT, which is not included in the prices of ITE/KIT, will be stated separately in the invoice at the statutory rate applicable on the day the invoice is issued.
  6. Deductions of discounts require a separate agreement in writing.
  7. In the event of delivery ex works, ITE/KIT shall be entitled to invoice the Buyer for the goods as soon as the same are ready for dispatch. Unless otherwise stated in the confirmation of the order by ITE/KIT, the purchase price shall be due for payment net (without deductions) within 30 days as of the invoice date. If goods are deliv-ered to a foreign country, the purchase price is payable immediately upon receipt of the invoice, without any deduction. Payment of the purchase price shall be made exclusively to the bank account respectively stated by ITE/KIT. The consequences of a possible delay in payment are determined by the statutory provisions.
  8. If payment by installments has been agreed upon, ITE/KIT shall be entitled to demand immediate payment of the entire residual purchase price if the Buyer is in arrears with the payment of installments amounting to more than 10% of the total purchase price.
  9. The Buyer may set off its own claims against the claims for payment of ITE/KIT only if the Buyer’s counter-claims have been finally established by declaratory judgment, are undisputed, or have been recognized by ITE/KIT. The Buyer may exercise rights of retention only if its counterclaim is based on the same contractual relation.

 

Section 8 retention of title

  1. ITE/KIT reserves its title to the respective delivery item until the receipt of all payments under the delivery contract and payment in full of the delivery item. In the event of a conduct of the Buyer contrary to contract, especially in the event of a delay with payment, ITE/KIT shall be entitled to demand that the delivery item be returned.  ITE/KIT’s taking back the respective delivery item shall constitute a rescission of the contract. Conse-quently, after taking back the delivery item, ITE/KIT has the right to sell or otherwise dispose of the same and to count the proceeds from such sale or other disposition – less reasonable sales or disposition costs – towards the liabilities of the Buyer.
  2. ITE/KIT shall have the right to assign its claims against the Buyer for payment.
  3. If, under the laws of the place where the delivery item is located, the retention of title or the assignment is invalid, a corresponding security interest shall be deemed agreed upon. The Buyer shall be obligated to take all measures necessary to create and maintain such interests.
  4. The Buyer is obligated to handle the delivery item with due care and to keep it in good order and condition so long as the title to the delivery item has not passed to the Buyer; the Buyer shall sufficiently insure delivery items of high value, at its own cost and in favor of ITE/KIT, at their nominal value against damage caused by or in transit, assembly, machinery breakdown, fire, burglary, theft, and water from the mains, and the Buyer shall furnish ITE/KIT on demand with evidence of the insurance and the payment of the insurance premiums. If maintenance and inspections works are required, the Buyer must carry out such works at its own cost and in a timely manner.
  5. The Buyer shall, at its own cost, keep the delivery item free of any interference by third parties. In the event of attachments or other interferences by third parties – including such interferences as regard the site of the Buyer’s business operation – the Buyer shall notify ITE/KIT promptly in writing so that ITE/KIT will be able to protect its proprietary rights against the third party (e.g., by means of third-party proceedings to prevent execution of a judgment). To the extent that the third party is not able to reimburse ITE/KIT for the judicial or extra-judicial cost of bringing an action, the Buyer shall be liable for the loss incurred by ITE/KIT.
  6. The Buyer shall have the right to resell the delivery item in the ordinary course of business only as long as it is not in default. The Buyer is not entitled to dispose of the goods in which title is retained in any other manner. Yet, the Buyer assigns to ITE/KIT already now all claims against its purchasers or third parties arising from the resale of the delivery item, such assignment to be in an amount equal to the respective final invoice amount (including statutory VAT) of the claim, regardless of whether the delivery item is resold without or after further processing.  The Buyer remains entitled to collect such claim even after its assignment. This does not affect the right of ITE/KIT to collect the claim itself. ITE/KIT undertakes, however, not to collect the claim as long as the Buyer fulfills its payment obligations with the proceeds realized and is not in default with payment and, especially, as long as no petition for the institution of composition or insolvency proceedings has been filed in respect of the Buyer and the Buyer has not suspended payments. Should this be the case, however, then ITE/KIT may demand that the Buyer furnish information as to the assigned claims and the respective debtors, provide all data required for collection, hand over the pertinent documentation, and notify the debtors (third parties) of the assignment.
  7. Any treatment, processing or transformation of the delivery item by the Buyer shall be on behalf of ITE/KIT as manufacturer, without commitment on the part of ITE/KIT. If the delivery item is processed together with other items not owned by ITE/KIT, ITE/KIT acquires co-ownership of the new item in the same proportion as the ratio of the value of the delivery item (final invoice amount including VAT) to the other processed items at the time of processing. In all other respects, the provisions that are applicable to items delivered subject to retention of title shall apply to the item newly created through processing.
  8. If the respective delivery item is inseparably mixed with other items not owned by ITE/KIT, ITE/KIT acquires co-ownership of the new item in the same proportion as the ratio of the value of the delivery item (final invoice amount including VAT) to the other mixed items at the time of mixing. If the items are mixed such that the item of the Buyer must be deemed the principal item, it is agreed that the Buyer transfers to ITE/KIT co-ownership on a pro rata basis. In all other respects, the provisions that are applicable to items delivered subject to retention of title shall apply.
  9. If ITE/KIT had co-ownership – as according to the foregoing provisions – of the sold item in which title was retained, the Buyer assigns its claim against the purchaser to the extent of such co-owner’s interest to ITE/KIT.  Furthermore, the Buyer assigns to ITE/KIT, by way of security, such claims against third parties as arise from the union of the item in which title is retained with real property. ITE/KIT accepts these assignments already now.
  10. The Buyer shall keep the reserved property within the meaning of the foregoing provisions on behalf of ITE/KIT, at no cost to ITE/KIT.
  11. Upon request by the Buyer, ITE/KIT shall release the delivery item to the same extent that its interest in the provision of security ceases to exist. The interest in the provision of security ceases to exist to the extent that the realizable value of the delivery item exceeds the cover limit of 110% of the secured claim not only temporarily.  The cover limit is assumed to be reached if the estimated value, as determined by an expert, of the delivery item is in an amount equal to 150% of the secured claims at the time the request for release is made. The Buyer has the right to furnish proof of a different realizable value of the delivery item.

 

Section 9 claims based on defects and liability for defects, limitation period

  1. In order for the Buyer to be entitled to claims for defects, the Buyer must have properly fulfilled its duties to examine and give notice of defects within the meaning of Sections 377, 378 HGB. The same shall apply if the Buyer resells the delivery item. Hidden defects as to quality must be notified to ITE/KIT promptly after their dis-covery. Upon completion of an agreed acceptance procedure, a complaint in respect of defects which could have been discovered during acceptance is no longer possible.
  2. ITE/KIT shall be liable for a specific application or fitness for a specific purpose only if such application or fitness has been expressly agreed upon in writing. In all other respects, the risk of fitness and application shall be borne exclusively by the Buyer.
  3. With regard to second-hand delivery items, claims based on defects are fully excluded, as a rule, unless liability for defects has been expressly agreed upon in writing.
  4. The delivery item shall not be deemed defective if, in the Buyer’s business operation, products supplied by ITE/KIT are functionally combined and used with product parts already existing or acquired from third parties, provided that the disturbance is caused by parts other than those supplied by ITE/KIT, or by a lack of compatibility of the same. If ITE/KIT has given an express written warranty concerning compatibility with products supplied by third parties, such warranty applies solely to the latest product version at the time the warranty is given, not, however, to older or future versions of the product. Over and above this, the delivery item shall not be deemed defective if and to the extent that a disturbance is due to the fact that the Buyer has failed to ensure compliance with the technical framework conditions prescribed in the documentation and/or in additional documents. If, in such a case, the Buyer calls upon ITE/KIT for the removal of the disturbance, the Buyer must bear the costs incurred on the basis of ITE/KIT’s cost rates, as applicable from time to time.
  5. The Buyer especially has sole responsibility for natural wear and tear of the delivery item, faulty or negligent treatment by the Buyer or third parties, excessive use, unsuitable operating materials, unsuitable installation locations, especially unsuitable installation bases, lack of stability or inadequate power supply maintenance, chemical, electrochemical or electrical influences, and climatic and other natural influences.
  6. If, in the case of consumables, a defect is discovered, the materials shall be separated immediately in the state as at the discovery of the defect, and shall be kept available for inspection by ITE/KIT. Otherwise, such materials shall be deemed accepted in their state as at delivery, without further liability on the part of ITE/KIT.
  7. If a delivery item is defective, ITE/KIT shall be obligated to carry out measures of subsequent performance, to be rendered – at the choice of ITE/KIT, also taking into account the Buyer’s interests – in the form of a removal of the defect or in the form of a delivery of an item that is free of defects. In the event the defect is removed, ITE/KIT shall be obligated to bear all necessary expenses for the removal of the defect, especially transport, traveling, labor, and materials costs, to the extent that the same are not increased due to the fact that the delivery item has been brought to a place other than the place of performance. If the removal of the defect or the delivery of a new item fails, the Buyer is entitled to demand, at its choice, rescission of the contract or a reduction of the price (Minderung), as defined in the statutory provisions. Rescission of the contract shall not be possible if the violation of duty of ITE/KIT is insubstantial. In the event of unjustified complaints, ITE/KIT reserves the right to invoice the Buyer for the costs occasioned by the respective inspection.
  8. Upon agreement with ITE/KIT, the Buyer shall grant ITE/KIT the time and opportunity required to carry out all necessary subsequent repairs and replacement deliveries. Failure to do so will release ITE/KIT from its liability for the resulting consequences. If the Buyer asks ITE/KIT to send a technician at short notice or to carry out works outside normal working hours, thus causing additional costs to ITE/KIT, the Buyer shall bear the additional costs so incurred (e.g., overtime premiums, longer journeys, etc.).
  9. All parts replaced within the framework of subsequent performance shall become the property of ITE/KIT.  ITE/KIT shall be liable for replacement parts in accordance with the present Conditions of Sale and Delivery.
  10. ITE/KIT shall be liable in accordance with the statutory provisions if the Buyer asserts claims for damages that are based on willful misconduct or gross negligence.  To the extent that ITE/KIT is not accused of a deliber-ate breach of contract, liability for damages shall be limited to the foreseeable, typical damage.
  11. ITE/KIT shall be liable in accordance with the statutory provisions if ITE/KIT violates an essential contractual obligation in a culpable manner. However, in this case too, liability for damages shall be limited to the foreseeable, typical damage.
  12. To the extent that the Buyer is entitled to a claim for damages in lieu of performance, liability on the part of ITE/KIT shall be limited – even within the framework of a failed attempt at subsequent performance – to compensation for the foreseeable, typical damage, at most, however, to the value of the delivery item.
  13. Liability for a culpable violation of life, body, or health remains unaffected. This applies also with regard to mandatory liability under the Product Liability Act.
  14. The limitation period for claims based on defects shall be 1 year as from the passing of risk. If German law is applicable, this does not apply to claims based on defects within the meaning of Section 438 sub-section 1 no. 2 b BGB.
  15. The limitation periods applicable in the event of recourse against the supplier remain unaffected if German law within the meaning of Sections 478, 479 BGB is applicable.
  16. With regard to all claims that are not subject to the limitation periods applicable to defects as to quality, a preclusion period of 6 months shall apply. This preclusion period begins at the point in time the Buyer becomes aware of the damage and the author of such damage. This shall not apply to claims for damages that are based on willful misconduct or gross negligence on the part of ITE/KIT.
  17. The foregoing exclusions or limitations of liability do not apply if ITE/KIT has fraudulently concealed a defect or if ITE/KIT has given a guarantee as to the properties of the item. In this case, the Buyer’s claim to reimbursement of expenses incurred to no avail instead of a claim for damages in lieu of performance remains unaffected.

 

Section 10 overall liability

  1. Further liability for damages (i.e., other than that provided for in the foregoing provisions) shall be excluded regardless of the legal nature of the asserted claim. This applies especially with regard to claims for damages as arising from culpa in contrahendo or other violations of duties, as well as claims to compensation for property damage under the law of torts (if German law is applicable, within the meaning of Section 823 BGB). The present limitation applies equally to the extent that the Buyer claims non-recoverable expenses instead of asserting a claim for damages in lieu of performance.
  2. To the extent that liability for damages is excluded or limited in relation to ITE/KIT, this shall likewise apply with regard to the personal liability for damages of the employees, staff members, agents, and vicarious agents of ITE/KIT.

 

Section 11 rescission of contract

  1. In the event of a reversal of the performances made under the contract (e.g., due to a rescission of the con-tract by either of the contracting parties), the Buyer shall be obligated, without prejudice to the further winding up pursuant to the following paragraph, to surrender the delivery item to ITE/KIT in advance. ITE/KIT shall have the right to have the delivery item collected from within the Buyer’s premises.
  2. Additionally, ITE/KIT may demand from the Buyer reasonable compensation for any deterioration or loss of the delivery item or if the surrender of the delivery item is impossible for any other reason lying in the Buyer’s sphere of risk or responsibility. The amount of such reasonable compensation shall be the difference between the total price according to the order and the present value as determined by the sales revenue or, if a sale is not possible, through the estimate of a sworn expert.

 

Section 12 assignment

Without the written consent of ITE/IKE, the Buyer may not assign its rights and/or transfer its obligations under the contract.

 

Section 13 export and export control regulations

  1. The delivery items as well as replacement parts, if any, may be subject to the export control regulations of the Federal Republic of Germany, the Republic of Austria, the European Union, the United States of America, or other states. In the event of the subsequent exportation of the delivery item to a foreign country, the Buyer shall be responsible for compliance with the statutory provisions.
  2. If a delivery item is exported and the Buyer fails to furnish the required evidence of its being exempt from VAT, the Buyer shall be obligated to pay VAT at the rate applicable domestically.

 

Section 14 place of jurisdiction, place of performance and applicable law

  1. If the Buyer is a businessman within the meaning of the statutory provisions, as well as in the case of corpo-rate bodies under public law and special public funds, the respective place of business of ITE/KIT (depending on the company with which a legal relation exists) shall be the agreed place of jurisdiction. ITE/KIT shall have the right, however, to sue the Buyer also in the court having jurisdiction over the Buyer’s place of residence.
  2. To the extent that the foregoing provisions do not contain a conclusive set of rules, German law (in the event of a business relation or another legal relation with ITE or KIT Germany) or Austrian law (in the event of a busi-ness relation or another legal relation with KIT Austria) shall apply. The applicability of the United Nations Con-vention on Contracts for the International Sale of Goods shall, in all cases, be excluded.
  3. Unless otherwise provided in the respective confirmation of the order by ITE/KIT, the place of business of ITE/KIT (depending on the company with which a legal relation exists) shall also be the respective place of performance.
  4. Should individual provisions be or become invalid or contain a gap, this shall not affect the remaining provi-sions.
  5. In the event of disagreement arising from the interpretation of the present Conditions of Sale and Delivery as a whole or of its individual parts the German version shall be considered the sole authoritative version. The headings shall only serve the purpose of structuring the Conditions and shall be disregarded for their interpretation as a whole or any parts thereof.

 

Ihne & Tesch GmbH
Am Drostenstueck 18
58507 Luedenscheid (D)
Phone: +49 2351 666 - 0
Fax: +49 2351 66624

Ihne & Tesch GmbH
Aalener Straße 42
90441 Nuremberg (D)
Phone: +49 911 96678 - 0

Ihne & Tesch GmbH & Co. KG
Kunigundenstraße 13
68623 Lampertheim (D)
Phone: +49 6241 98808 - 0
Fax: +49 6241 80056

Keller, Ihne & Tesch Ges.m.b.H.
Bahnhofstraße 90
3350 Haag (A)
Phone: +43 7434 43880
Fax: +43 7434 43883

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