General terms and conditions of the CURREX GmbH (in the following "CURREX")

§ 1 Scope, General

These General Terms and Conditions (GTC) form part of all contracts that CURREX concludes with its contractual partners about the goods and services offered by CURREX. They also apply to all future contracts with the same contractual partner, without their validity having to be agreed again in each individual case.

These GTC apply exclusively. Divergent, conflicting or additional terms and conditions of the contractual partner shall only become part of the contract if and to the extent that CURREX has expressly agreed to their validity in writing. This approval requirement also applies if CURREX carries out deliveries or services without reservation in knowledge of the terms and conditions of the contractual partner.

For the content of individual agreements with the contractual partner - subject to the counter-proof - a written contract or the written confirmation of CURREX shall prevail.

Legally relevant declarations and notifications that are to be submitted by the contractual partner after conclusion of the contract (eg setting of deadlines, notification of defects, declaration of withdrawal or reduction) must be in writing in order to be effective (eg e-mail, fax).

§ 2 Delivery, Service

Unless otherwise agreed, deliveries of goods by CURREX are always EXW, ie from the respective distribution warehouse. There is also the place of performance. At the request of the contractual partner, goods will be sent to another place of destination at his own expense and risk (”Versendungskauf”). Incidentally, the risk of accidental loss and accidental deterioration of goods, even in the case of partial deliveries, shall be transferred to the contractual partner at the latest upon handover or, in case of his default of acceptance, upon notification of placing the goods at his disposal.

Performance deadlines and dates are always non-binding, unless their bindingness has been expressly agreed upon. When goods are dispatched, the time of handover of the goods to the carrier is decisive.

If CURREX can not comply with binding deadlines due to an event beyond its control (non-availability of the service), the deadlines / dates shall be extended / postponed by the period of the hindrance plus a reasonable start-up period. If the service is not available within this period, CURREX is entitled to withdraw from the contract in whole or in part; any consideration already provided by the contractual partner will be refunded immediately by CURREX. In addition, non-timely self-delivery shall be considered a case of non-availability of the service, provided that CURREX has concluded a congruent cover transaction. If a service can only be provided with disproportionate difficulties due to an event for which CURREX is not responsible, CURREX is also entitled to withdraw from the contract. Withdrawal and termination rights of the contractual partner according to these GTC and the law shall remain unaffected.

If the type of service allows, CURREX is entitled to partial services, provided that they are usable by the contractual partner without additional expenditure within the scope of the contractual purpose and the remaining partial service is ensured.

§ 3 Product presentation

CURREX attaches great importance to the uniform, high-quality presentation of its goods and services across all distribution channels. Where CURREX provides the contractual partner with materials for the presentation of its goods - in particular text and image material - these must be used exclusively.

§ 4 Prices, Terms of payment

Unless otherwise agreed in individual cases, the prices prevailing at the time of conclusion of the contract or, if more than four months have elapsed since the conclusion of the contract, the current prices of CURREX at the time of the service apply; this applies in particular insofar as they result from existing price lists.

Prices are - subject to deviating agreement - always deemed from the respective delivery warehouse excluding packaging, freight insurance and transport and plus any applicable value added tax.

Invoices will only be sent electronically by CURREX. Invoices are payable within 21 days from performance and invoicing without deduction. Decisive for the time of fulfillment is the receipt of the payment by CURREX.

The contractual partner is not entitled to set-off or retention rights, unless his claim is legally established or undisputed.

§ 5 Warranty

The warranty period is one year from the date of performance. This period of limitation also applies to contractual and non-contractual claims for damages of the contractual partner, which are based on a defective performance. The limitation periods of the product liability law remain unaffected in any case.

Goods supplied by CURREX must be inspected carefully immediately after delivery to the contractual partner or to the third party designated by him. They shall be deemed to have been approved if CURREX does not receive a complaint within five working days of delivery as to obvious defects or other defects noticeable in an immediate, thorough investigation, otherwise within five working days of discovery of the defect or the time when the defect was noticeable to the contractual partner without further investigation in the normal use of the goods.

If a complaint of defects by the contractual partner turns out to be unjustified and if the contractual partner knew that the defect did not exist or if he could have recognized this, CURREX can demand reimbursement of the resulting inspection and disposal costs from the contractual partner.

If there is a defect, CURREX is entitled and obliged to repair or replace the goods at its own discretion. In case of failure, the contractual partner is entitled to a right of withdrawal from the contract or abatement.

The warranty does not apply in case of improper use or treatment of goods delivered by CURREX.

§ 6 Liability

CURREX is liable for damages - for whatever legal reason - in case of intent and gross negligence. In case of ordinary negligence, CURREX is liable only

a) for damage resulting from injury to life, limb or health,

b) for damages resulting from the breach of a material contractual obligation (obligation the fulfillment of which just makes the proper execution of the contract possible and the compliance with which the contractual partner regularly relies and can rely on).

To the extent that CURREX is liable for damages on the merits, this liability is limited to damages which CURREX had foreseen at the time of conclusion of the contract as a possible consequence of a breach of contract or should have foreseen, taking into account the circumstances that were known to it or which it should have known, applying due diligence. Indirect damages and consequential damages, which are the result of defects in performance, are also only compensable, as far as such damages are typically expected under normal use of the service.

The above limitations of liability shall not apply if CURREX fraudulently conceals a defect or has accepted a guarantee for the quality of the service. The same applies to claims of the contractual partner under the Product Liability Act.

§ 7 Retention of title on delivery of goods

CURREX retains ownership of all delivered goods until payment of all, including future claims from the business relationship with the contractual partner. If the contractual partner behaves in breach of contract - in particular if he is in arrears with the payment of a payment claim - CURREX has the right to take back the reserved goods after having set a reasonable deadline for performance. The transport and other costs incurred for the return shall be borne by the contractual partner. If CURREX takes back the reserved goods, this represents a withdrawal from the contract. It also represents a withdrawal from the contract, if CURREX seizes the reserved goods.

In the event of seizure of the reserved goods by third parties or other interventions by third parties, the contractual partner must point out the property of CURREX and notify CURREX immediately in writing so that it can assert its ownership rights. If the third party fails to provide the court or out-of-court costs incurred by CURREX in this connection, the contractual partner shall be liable for this.

In the case of delivery abroad, the aforementioned provisions shall apply accordingly, insofar as this is permissible under the law in the area of ​​which the reserved goods are located. If this does not permit the reservation of title, but allows the reservation of other rights to the goods, this reservation shall be deemed to have been agreed in full. The contractual partner is obliged to take part in all measures taken by CURREX to protect the property right or the right which is in its place.

§ 8 Choice of Law / Jurisdiction

For these GTC and all legal relationships between the contractual partner and CURREX the law of the Federal Republic of Germany shall apply under exclusion of international law, in particular the CISG.

Exclusive - also international - place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the registered office of CURREX in Hamburg. However, CURREX is entitled to bring an action at the general place of jurisdiction of the contractual partner.