General Terms and Conditions of Business for deliveries and services of KEUCO GmbH & Co. KG to entrepreneurs (customers)
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(4) All agreements, additional agreements, covenants and contractual amendments must be made in writing. This applies equally to the setting aside of this requirement of the written form. Additional oral agreements or amend- ments/additions are null and void. (5) If not based on its right of retention or other such rights, any cessation of payments on the part of the Customer will entitle us, having granted a reaso- nable additional period of time, at any time to rescind the contract or make the delivery of the products of service dependent on the prior fulfilment of payment obligations. If the delivery of the products has already taken place, the counter- performance is due immediately in such cases described above. We are likewise entitled to demand return of the products in the aforementioned cases and to withhold these until complete payment of the purchase price is made, unless advance performance is agreed. If the Customer ceases making payments or if it files an insolvency application, the Customer will no longer be entitled to the sell, process, combine or mix goods subject to retention of title. In this case, it must instead immediately ensure the separate storage and labelling of goods subject to retention of title and it shall keep in trust for us the sums received by the Customer and to which we are entitled under claims assigned in connection with our deliveries of goods. (6) The customer may not assign its contractual rights without our written consent. Section 354a German Commercial Code (HGB) remains unaffected. (7) If, in accordance with the law concerning standard business terms set out in Sections 305 to 310 German Civil Code (BGB), any of the provisions of this contract are or become wholly or partially ineffective/void or unenforcea- ble, the statutory regulations shall apply. If, for reasons other than the law concerning standard business terms set out in Sections 305 to 310 German Civil Code (BGB), any of the current or future provisions of this contract are or become wholly or partially ineffective/void or unenforceable, this will not affect the validity of the remaining provisions of this contract, provided the performance of the contract - including given the following regulations - would not present an unreasonable hardship to one of the parties. The same applies in the event that an augmentable gap is discovered following the conclusion of the contract. The parties shall replace any invalid/void/unenforceable provision or gap that requires filling, for reasons other than the provisions relating to the Law of General Terms and Conditions according to Sections 305 to 310 BGB, with a valid provision the legal and commercial content of which corresponds to the invalid/void/unenforceable original provision and to the purpose of the contract as a whole. Section 139 BGB (Partial invalidity) is expressly excluded – including in relation to any provisions concerning the burden of proof. If the invalidity of any provision, as described above, is due to its specification of a measurement of performance or time (time limit or date), the parties will agree to insert that provision containing the legally admissible measurement that most closely matches the original. Note: In accordance with the provisions of the Federal Data Protection Act, we clearly state that our undertaking is managed using an IT system, and that, in this connection, we will store the data received from the Customer by way of the business relationship. February 2015
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