For contracts with enterprises only our terms of payment and supply apply, with those our customer agrees when placing an order, likewise for future business, eventhough when there is not an expressly reference to it but they were send to the customer together with an order confirmation. In case the order is given deviating from our terms of payment and supply, thus also then only our terms of payment and supply apply, eventhough we did not contradict. Deviations apply only, if they were recognized by us expressly in writing.
The contractual relation is subject exclusively to the German right, in particular the civil - and the commercial law book.
Place of jurisdiction is of our choice either registered office or Mainz.
The set-off with counterclaims of the customer is impossible for all conceivable cases, unless the counterclaims are undisputed or validly determined.
In case the customer comes into delay with its payment, hence all other payment demands are due immediately without a separate notice of default.
For deliveries and achievements of customers abroad it is expressly agreed that all costs of the prosecution activated by the supplier in case of the delay of payment caused by the customer will be debited to the customer both judicial and extrajudicial. |