GTC (June 2011) - Härterei Reese Bochum GmbH

General Terms and Conditions for
Contracts, Services and Supplies of
Härterei Reese Bochum GmbH
Härterei Reese Brackenheim GmbH
Härterei Reese Chemnitz GmbH & Co. KG
Härterei Reese Weimar GmbH & Co. KG
for Contractors
Edition: June 2012
1. Scope
1.1
These General Terms and Conditions for
Contracts and Deliveries (T&C) are applicable
solely to contractors within the meaning
of Art. 14 BGB [German Civil Code], i.e. natural
persons or legal entities acquiring the
goods or services for commercial or professional
use.
1.2
The business relationship with our customers,
including information and advice, is subject
exclusively to the conditions (T&C) set
out below. If our T&C are introduced into the
business relationship with the customer, then
they shall continue to apply for all business
dealings between the customer and us, unless
expressly agreed otherwise in writing.
Any of the customer’s conditions to the contrary
shall only apply if and insofar as we
expressly acknowledge them in writing. In
particular, silence on our part in response to
such conditions to the contrary shall not be
deemed to be acknowledgement or approval,
nor in the case of future contracts. Our T&C
shall apply in place of any purchase conditions
which the customer might have, even
where such conditions state that acceptance
of the order shall imply unconditional acceptance
of the purchase conditions, or we
deliver after reference by the customer to its
general purchase conditions, unless we have
expressly stated that our own T&C do not
apply. By accepting our order confirmation,
the customer expressly acknowledges that it
waives its objection arising out of its purchase
conditions.
1.3
Where framework agreements have been
entered into between the parties, these shall
take precedence. Unless specifically stated
otherwise, they shall be supplemented by
these T&C.
2. Information / Advice / Nature of the services
2.1
Information and explanations about our services
shall be given exclusively on the basis
of our experience to date. The values stated
here shall be seen as average figures from
the results of our work.
2.2.
We only accept a duty to advise expressly
under a separate, written consultancy
agreement.
2.3
Any reference to standards, similar technical
regulations and technical information and
descriptions of our services in quotes and
brochures and in our advertising only represent
information about the specific properties
of our services, if we have expressly declared
the property as a “Property of the service or
result of the service”; otherwise it is a nonbinding,
general description of our service.
2.4
A guarantee is only deemed to have been
assumed by us if we have described a feature
and/or successful performance as “legally
guaranteed” in writing.
2.5
In the absence of any agreement to the contrary,
working on or supplying samples shall
be remunerated in accordance with our general
remuneration provisions for working on
or supplying samples. We are happy to make
these available to the customer at any time
free of charge.
2.6
We do not accept any liability over and above
compulsory, statutory liability, for the usability
of the results of our work for the customer’s
intended purpose, unless we have agreed
otherwise with the customer in writing.
3. Specimens/samples
The properties of prepared specimens/samples
shall only become part of this
contract if this has been expressly agreed in
writing. The customer is not permitted to sell
or pass on the specimens or samples. Our
specimens and samples shall remain our
property, unless expressly agreed otherwise,
and may not be sold or made available to
third parties without our written consent. All
copyright, design patents and utility patents
in respect of samples or specimens shall
remain with the right holders in spite of the
assignment.

4. Formation and content of the contract /
Guarantee / Acceptance
4.1
Our quotes are non-binding unless they are
expressly described as binding or contain
binding commitments. They are invitations to
treat. A contract does not come into existence
- even in the case of ongoing business -
until we confirm the customer’s order in writing
or text form (i.e. including by fax or email).
In the case of immediate delivery, our
confirmation can be replaced by our invoice.
4.2
The content of the contract is dependent on
our order confirmation.
4.3
The required heat treatment is carried out
once the order has been placed in accordance
with the provisions of 4.7 as a service
with the necessary care and using appropriate
means. A specific result of heat treatment,
e.g. in the form of the absence of deformities
and cracks, surface hardness,
hardness penetration, continuous hardening,
galvanisability and the like, is not guaranteed
because of potential differences in the hardenability
of the material used, hidden defects,
unfavourable shaping or any changes
which may have occurred in the preceding
stage of the work.
4.4
All agreements, side agreements, warranties
and changes to the contract must be in writing.
This also applies to the removal of the
requirement for the written form itself. Verbal
changes or additions to the contract are not
valid. The precedence of an individual
agreement (Art. 305 b BGB) remains unchanged.
4.5
In the case of call-off orders or delays in acceptance
for reasons attributable to the customer,
we are entitled to manufacture the
whole order quantity/carry out all the work to
which the order relates immediately. Therefore
any changes required by the customer
can no longer be taken into account once the
order has been placed, unless specifically
agreed in writing.
4.6
The customer shall notify us in writing in
good time prior to entering into the contract of
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any special requirements with regard to our
products.
4.7
All workpieces which are handed over for
heat treatment must be accompanied by an
order or a delivery note containing the following
information:
a) description, number of units, net weight,
value of the parts and nature of the packaging;
b) material quality (standard designation and
steel grade and steel manufacturer);
c) the desired heat treatment, particularly:
aa) in the case of carburising steels pursuant
to DIN 6773, either the required carburisation
depth with carbon content limit (e.g. carburisation
depth 0.35 = 0.8 + 0.4 mm) or the
prescribed carburisation hardening depth
with reference hardness value and surface
hardness (e.g. carburisation hardening depth
550 HV1 = 0.2 – 0.4 mm, surface hardness =
at least 700 HV5);
bb) in the case of heat-treated steels, the
required tensile strength. The Brinell ball
impression test at the surface shall be conclusive
for the purpose of ascertaining the
tensile strength, unless otherwise agreed;
cc) in the case of steels for tools and highspeed
steels, the desired level of hardness
according to Rockwell or Vickers;
dd) in the case of nitriding steels, the desired
nitriding hardness depth;
ee) in the case of induction hardening and
flame hardening, the desired surface hardness
depth, with reference hardness value
and surface hardness and the position of the
region to be hardened;
ff) in the case of salt bath nitrocarburising
and gas-short-time-nitriding, either the duration
of the treatment or the desired strength
of the joining zone;
d) details of the desired test procedure, the
test facility and the test load (see DIN test
standards);
e) any additional information or requirements
necessary for the success of the treatment
(see DIN 6773, DIN EN 10 052, DIN 17021,
DIN 17023). When partial hardening is required,
drawings must be attached showing
which areas must become hard and which
must remain soft. If similar workpieces are
produced from different molten steels, this
must be stated. Likewise, any particular requirements
relating to dimensional accuracy
or the surface condition must be noted on the
delivery documents. The customer must in
particular point out any welded or soldered

workpieces and any which contain hollow
bodies.
4.8
We do not give any guarantees.
4.9
If the despatch of the results of the work is
delayed at the customer’s request or for reasons
attributable to the customer, we shall be
entitled, starting from the expiry of the period
stated in the written notification of readiness
for delivery, to put the goods in store and to
invoice for the attendant costs at 2% of the
net invoice amount of the stored goods for
each month or part thereof. This shall not
affect the exercising of other rights. The customer
shall retain the right to prove that there
were no attendant costs or that these were
significantly lower.
5. Delivery time / Delayed delivery / Testing
5.1
Binding delivery deadlines and delivery times
must be expressly agreed in writing. In the
case of non-binding or approximate (ca.,
approx. etc.) delivery deadlines and delivery
times, we will do our best to keep to these.
The same applies to the periods for providing
services.
5.2
Delivery and/or performance times begin
upon receipt by the customer of our order
confirmation, but not before all the details of
the performance of the order have been clarified
and all other conditions to be met by the
customer have been complied with, in particular
agreed payments on account or security
have been paid in full. The same applies in
the case of delivery and/or performance
deadlines. If the customer has requested
alterations after placing the order, a new
suitable delivery and/or performance time
begins when the alteration is confirmed by
us.
5.3
Deliveries prior to expiry of the delivery time
are permitted. In the case of obligations to be
performed at the customer’s place of business,
the day of delivery shall be the date of
notification of readiness for despatch, otherwise
it shall be the date on which the products
are sent. The above provisions do not
permit us to make part-deliveries.
5.4
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Unless otherwise agreed in writing, the customer’s
interest in our service only ceases to
exist if we fail to supply substantial parts or
supply them late.
5.5
The delivery and/or performance time shall
be extended for technical reasons – including
within a delay in delivery – appropriately upon
the occurrence of unforeseen hindrances
which the contractor could not have avoided,
in spite of exercising reasonable care in the
circumstances. Unforeseen hindrances shall
mean in particular the need for multiple
treatments of the property to be worked on
which were not initially apparent.
5.6
If we fall behind, the customer must initially
give us a suitable extension of at least 8
working days, unless this is unreasonable. If
this period elapses without delivery having
taken place, claims for breach of duty, on
whatever grounds, shall only be permitted
subject to the provisions of 5.8. and 11.
5.7
We do not fall behind for as long as the customer
is behind in complying with its duties
towards us, including under other contracts.
5.8
If the customer suffers a loss as a result of
delay on our part, the customer shall be entitled
to claim compensation for the delay, to
the exclusion of any further right to claim.
This compensation shall be 0.5% for each full
week, subject however to a maximum of 5%,
of the value of the part of our overall delivery
and/or overall performance which cannot be
supplied on time or cannot be supplied in
accordance with the contract as a result of
the delay. There shall be no further compensation
by us for the loss resulting from the
delay. This shall not apply in the event of a
delivery or performance guarantee, a deliberate
or fraudulent action on our part, in the
case of loss or damage arising out of injury to
life, body or health and in the event of delay
in the case of an agreed fixed delivery or
performance deadline within the meaning of
the law.
5.9
The property to be heat treated shall be
checked prior to being handed over to our
hardening plant to the customary extent in
the sector and, if appropriate, in accordance

with the client’s instructions. Further tests
and analyses shall only be carried out subject
to special agreements. Our checks upon
leaving do not relieve the customer of its duty
to inspect upon receipt.
6. Force majeure / Self-supply
6.1
If, for reasons beyond our control, we do not
receive supplies or services from our subsuppliers
for providing the goods or services
to which this contract relates, in spite of making
proper, adequate arrangements, or if the
supplies or services from our sub-suppliers
are incorrect or are not received on time, or
cases of force majeure arise, we shall inform
our customer in good time in writing or in text
format. In such a case, we shall be entitled to
postpone the delivery by the period of the
hindrance, or to withdraw totally or partially
from the contract because of the part not
performed, provided that we have complied
with our duty of information as above and
have not assumed the procurement risk.
Force majeure shall be deemed to include
strike, lock-out, intervention by the authorities,
shortages of energy and raw materials,
transport bottlenecks beyond our control,
hindrances to operations beyond our control -
e.g. as a result of fire, water and machinery
breakdown losses - and all other hindrances
which cannot objectively be deemed to have
been brought about as a result of negligence.
6.2
If a delivery and/or performance deadline or a
delivery and/or performance time is agreed
as binding and if, as a result of occurrences
within the meaning of 6.1, the agreed delivery
and/or performance deadline or the agreed
delivery and/or performance time is exceeded,
the customer shall be entitled, if a reasonable
extension period elapses without
result, to withdraw from the contract because
of the part not performed, if it is objectively
unreasonable to expect further compliance
with the contract. The customer shall have no
further claims in such a case, especially for
compensation.
6.3
The provisions in 6.2 above shall apply accordingly
if, for the reasons stated in 6.1, a
normal delivery and performance time has
been exceeded, even in the absence of any
contractually agreed fixed supply or delivery
deadline.
Page 4
7. Despatch / Transfer of risk
7.1
Unless agreed otherwise, the product to be
heat treated shall be delivered by the customer
at its own expense and risk and shall
be collected upon completion. Unless agreed
otherwise in writing, delivery shall therefore
be ex works and any despatch agreed by us
shall be uninsured, and in the case of obligations
to be performed at the customer’s place
of business and by remittance, at the customer’s
risk and expense.
7.2
The choice of the means of transport and the
conveyance shall be at our option where
shipment is agreed. However, we will try to
take the customer’s wishes into account with
regard to the type and method of sending.
Additional costs resulting therefrom - including
where freight-free delivery has been
agreed - shall be payable by the customer. If
sending is delayed at the request of or for
reasons attributable to the customer, we shall
store the goods at the customer’s expense
and risk. In this case, notification of readiness
for despatch shall be treated in the same way
as despatch.
7.3
The risk of accidental loss or damage shall
pass to the customer, when the products to
be delivered are handed over to the customer,
carrier, freight forwarder or other companies
appointed to carry out the shipment, but
no later than when they leave our plant, store
or branch, unless there is an agreed duty to
deliver them to the customer. The above
shall also apply if an agreed part-delivery is
made.
7.4
If the sending is delayed because, as a result
of total or partial delay in payment by the
customer, we exercise our right of retention,
or for some other reason attributable to the
customer, the risk shall transfer to the customer
from no later than the date of notification
to the customer of the readiness for despatch.
8. Reporting defects / Breach of duty /
Warranty
8.1
If, for reasons beyond our control, the treatment
is not successful, e.g. because the cli-

ent provided all or some of the information
requested in 4.7 incorrectly, we were unaware
and could not have known about hidden
defects in the work piece prior to carrying out
the treatment, or because the properties of
the material used, or the shape or condition
of the work pieces supplied made it impossible
to carry out the treatment successfully,
but we did not know and could not have
known this, the charge for the treatment shall
still be payable. Any subsequent treatments
which are required shall be invoiced for by us
separately on the terms stated.
8.2
Identifiable material defects shall be reported
to us by the customer without delay, but within
no more than 7 days after collection in the
case of delivery ex works, otherwise after
delivery, hidden material defects shall be
reported upon discovery, but within the warranty
period under 8.7. Defects not reported
on time shall preclude the customer from
claiming breach of duty in respect of the material
defects. This shall not apply in the
event of a deliberate or fraudulent action on
our part, in the case of injury to life, body or
health or the granting of a warranty of freedom
from defects, or in the case of liability
under the Product Liability Act.
8.3
Material defects visible upon delivery must
also be reported to the transport company
and the latter asked to note the defects. Reports
of defects must contain as detailed as
possible a description of the defect by the
customer. Failure to complain on time shall
preclude the customer from making any claim
for breach of duty arising out of defects. This
shall not apply in the event of a deliberate or
fraudulent action on our part, in the case of
injury to life, body or health or the granting of
a warranty of freedom from defects, or in the
case of liability under the Product Liability
Act.
8.4
Upon commencing processing, work, combination
or mixing with other property, the
products supplied shall be deemed to have
been approved by the customer in accordance
with the contract. It shall be up to the
customer, before commencing any of the
aforesaid activities, to ascertain by means of
suitable tests in terms of scope and methodology,
whether the products supplied are
suitable for the processing, process and other
purposes intended by the customer.
Page 5
8.5
Other breaches of duty shall be reported in
writing without delay before further rights are
claimed by the customer, setting a reasonable
period for corrective action.
8.6
Defects which are attributable to the customer
itself and unjustified claims will be rectified
by us on behalf and at the expense of the
customer, where the latter is a businessman
within the meaning of the commercial code.
In the event of any complaint, the contractor
must be given the opportunity of investigating
the subject matter of the complaint.
8.7
In the case of breach of duty on the grounds
of defective performance, in particular on the
grounds of processing defects, we shall be
liable - unless expressly agreed otherwise in
writing - for a period of 1 year, calculated
from the date the risk transfers (see 7), and
in the case of refusal by the customer to accept
delivery or collect, from the time of the
subsequent notification of readiness for despatch.
This shall not apply in the case of
claims for compensation under a guarantee,
assumption of the procurement risk, arising
out of injury to life, body or health, deliberate
or fraudulent actions, or unless the law specifies
longer periods, especially in respect of
defects in buildings and work pieces usually
intended for use in buildings where such
injury was caused by the defective nature
thereof.
8.8
If the customer or a third party makes inappropriate
improvements, we shall not be liable
for the consequences thereof. The same
shall apply in the case of alterations to the
product supplied without our prior approval.
8.9
If, at the customer’s request, we carry out
corrective work, we shall not be liable for any
breakage which may occur in the course
thereof. Nor do we guarantee success where
insulation material is applied against casehardening
or nitriding.

8.10
Further claims by the customer arising out of
or in connection with defects or damage consequent
upon defects, for whatever reasons,
shall only exist within the provisions in 11,
provided these are not claims for compensation
under a guarantee intended to safeguard
the customer against the risk of any defects.
In this case, also, we shall only be liable for
typical and foreseeable damage.
8.11
Our warranty and the liability arising therefrom
shall not exist where defects and damage
associated therewith are not demonstrably
the result of defective performance. This
shall not apply in the event of fraudulent or
deliberate action on our part, or injury to life,
body or health, or liability under the Product
Liability Act.
In particular, the warranty and the liability
arising therefrom shall not exist in respect of
the consequences of incorrect use or abnormal
wear of the products, overloading or
unsuitable storage conditions, e.g. the consequences
of chemical, electro-magnetic,
mechanical or electrolytic influences other
than the expected, average standard influences.
8.12
Defects claims do not exist where there is
only minor deviation from the agreed or usual
condition or usability.
8.13
Breaches of duty, especially in the form of
material defects, must always be acknowledged
in writing.
9. Prices / Payment terms /
Defence of insecurity
9.1
All prices are generally stated in EURO net
excluding packaging, freight ex works, plus
VAT payable by the customer at the statutory
rate at the time.
9.2
Services which are not part of the agreed
scope of the delivery, are listed based on our
general price lists applicable at the time, unless
agreed otherwise.
9.3
If more than four months passes between the
contract being entered into and delivery and
the cost of obtaining materials, wage costs
Page 6
and ancillary wage costs and/or energy costs
have increased, we shall be entitled to demand
a reasonable adjustment of the price.
9.4
If, in exceptional circumstances, we are contractually
responsible for the freight costs, the
customer shall bear the additional costs arising
out of increases in freight rates under
collective agreements after the contract is
entered into.
9.5
Unless agreed otherwise, our invoices shall
be payable within 7 working days of delivery
of the goods/provision of the service without
any deduction.
9.6
If payment is not made, the customer shall be
deemed to be in arrears, even if notice is not
given, within 8 working days of delivery of the
goods/provision of the service.
9.7
When the arrears occur, delay interest at the
statutory rate of interest according to Art. 288
BGB shall be calculated from the due date of
payment.
9.8
The payment date shall be deemed to be the
date on which the money is received by us or
credited to our account. We reserve the right
to claim for any loss in excess of this amount.
9.9
Arrears on the part of the customer have the
effect of making all claims for payment arising
out of the business relationship with the
customer due for immediate payment. Irrespective
of any extension agreements, terms
of acceptance and payment by instalment
agreements, all amounts owed to us by the
customer shall fall due for payment immediately
in such an event.
9.10
If payment terms are not complied with or
circumstances are known or apparent which,
in our commercial opinion, cast doubt on the
customer’s creditworthiness, including such
circumstances which existed at the time the
contract was entered into but of which we
were not or should not have been aware,
then without prejudice to further statutory
rights in these cases, we shall be entitled to
suspend further work on current orders or
further supplies and to demand payments on

account or the provision of security to our
satisfaction in respect of remaining deliveries
and, if such security has still not been provided
by the end of a reasonable extension period,
to withdraw from the contract, without
prejudice to any other statutory rights. The
customer shall reimburse us for all losses
arising out of the non-performance of the
contract.
9.11
The customer only has a right of retention or
offset in respect of such counterclaims as are
not disputed or have not been legally established
or rely on the same contractual relationship.
9.12
We only accept bills of exchange in exceptional
circumstances by express agreement
and only for processing. We calculate discount
charges from the due date of the invoice
until the due date of the bill of exchange,
together with exchange costs. Interest
and costs for the discounting or obtaining
of bills shall be borne by the customer itself.
In the case of bills and cheques, the day they
are cashed shall be deemed to be the day of
payment. If our main bank refuses to discount
the bill or if there are reasonable
doubts that the bill will be discounted during
the term of the bill, we shall be entitled to
demand immediate payment in cash, subject
to returning the bill.
10. Lien
In respect of all current and future claims
against the customer, we shall have a lien
over the customer’s work pieces as soon as
they are handed over for heat treatment.
11. Liability / Exclusion of liability /
Limit of liability
11.1
With regard to the heat treatment to be carried
out, the customer shall be responsible
for the work pieces being made in accordance
with the rules of technology, for the
accuracy and completeness of the information
required under 4.7 and for heat treatment
instructions appropriate for the subsequent
intended use. Unless notified otherwise
by the customer, we shall be entitled to assume
that the customer has, for its part, carried
out the checks necessary for compliance
with its legal duty to maintain safety.
11.2
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Unless superseded by any individual agreements,
we shall be liable for non-method
related damage arising out of a treatment
method which we have recommended to the
customer and which the latter has approved.
11.3
Nor shall we be liable for reasonable shrinkage
normal in the sector and resulting from
the process.
11.4
We shall not be liable, especially not for
claims by the customer for compensation - on
whatever legal grounds - and/or in the case
of breaches arising out of the obligation and
out of unlawful actions.
11.5
The above exclusions from liability under
11.2 to 11.4 do not apply where compulsory
statutory liability exists and:
� for our own deliberate or
grossly negligent breach of
duty and the deliberate or
grossly negligent breach of
duty of our statutory representatives
or subcontractors;
� for the breach of material
contractual duties (cf. below);
� in the event of injury to life,
body and health, including
caused by statutory representatives
or subcontractors;
� in the event of delay, where a
fixed delivery and/or performance
date was agreed;
� where we have given a guarantee
in respect of the nature
of our goods, or the existence
of successful performance, or
have assumed a procurement
risk as well as in the event of
liability under the Product Liability
Act.
“Material contractual duties” are those duties
which protect the customer’s material contractual
legal positions, which have to be
guaranteed in terms of content and purpose
under the contract. Material contractual duties
are also those duties which have to be
complied with in order for it to be possible for
the contract to be performed at all and where
the customer has relied and is entitled to rely
on their being complied with.

11.6
In cases other than those specified in 11.5,
we are liable for all claims made against us
for compensation or reimbursement of expenses
arising out of this contract as a result
of culpable breach of duty, on whatever legal
ground, but not in the case of minor negligence.
11.7
In the event of liability in accordance with
11.6 above and strict liability, especially in
the case of initial impossibility and deficiencies
in title, we shall only be liable for typical
and foreseeable loss.
11.8
We shall not be liable for indirect losses and
losses consequent upon defects unless we
have breached a material contractual duty or
we, our senior managers or subcontractors
are guilty of a deliberate or grossly negligent
breach of duty, or a case of injury to life, body
or health exists.
11.9
With the exception of the claim under a guarantee,
assumption of the procurement risk,
the case of fraud, wilful misconduct, gross
negligence and injury to life, body or health
and other cases where it is required by law to
have different limits of liability, our liability
shall be limited to a total amount of
EUR 100,000 each and every loss occurrence.
All further liability is excluded.
11.10
The exclusions/limitations on liability under
11.2 to 11.9 above shall apply to the same
extent in favour of senior and non-senior
managers and other contractors as well as
our subcontractors.
11.11
Claims by the customer for compensation
arising out of this contract must be brought
within a period of 1 year from the start of the
statutory limitation period. This does not apply
if we are guilty of fraud, wilful or gross
negligence, in the case of claims arising out
of injury to life, body or health and a guarantee,
nor in the case of a claim based on offence
in tort.
11.12
The above provisions do not reverse the
onus of proof.
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12. Place of performance / Jurisdiction /
Applicable law
12.1
The place of performance for all contractual
obligations, with the exception of the case of
assuming an obligation to be discharged at
the customer’s premises, shall be our company’s
registered office. The sole place of
jurisdiction for all disputes shall - insofar as is
legally permissible - be the court with jurisdiction
for our company’s registered office.
However, we are also entitled to take action
against the customer at its general place of
jurisdiction.
12.2
All legal relationships between the customer
and us shall be subject solely to the law of
the Federal Republic of Germany, to the exclusion
in particular of the UN Sale of Goods
Act (CSIG).
13. Severability clause
Should any current or future provision of the
contract entered into be or become wholly or
partially unworkable/void or non-performable
for reasons other than the provisions relating
to the law on General Terms and Conditions
of Business under Articles 305 to 310 BGB,
this shall not affect the validity of the remaining
provisions of this contract, unless the
performance of this contract - also taking into
account the rules below - would represent
unreasonable hardship for one of the parties.
The same shall apply if, after the contract is
entered into, a loophole arises which needs
to be supplemented. The parties shall replace
the provision which has become unworkable/void
or unperformable for reasons
other than the provisions relating to the law
on General Terms and Conditions of Business
under Articles 305 to 310 BGB or the
loophole requiring clarification, with a workable
provision which, in terms of its legal and
economic content, is the same as the unworkable/void/unperformable
provision and
the overall purpose of the contract. Art. 139
BGB (partial nullity) is expressly excluded in
full. If the nullity of a provision is based on a
measure of performance or time set out
therein (period or deadline), the provision
shall be replaced with a legally permissible
provision which comes as close as possible
to the original measure. Art. 306 (2) BGB
(Intervention of the statutory provisions in the
event of a T&C clause being unworkable)
shall not be affected.

Note:
In accordance with the provisions of the
Data Protection Act, we would point out
that our accounts are managed using a
computer system and in this respect we
also store data obtained as a result of the
business relationship with the customer.
Bochum, Brackenheim, Chemnitz, Weimar,
01.06.2012
Page 9