GTC (June 2011) - Härterei Reese Bochum GmbH

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.