// LEGAL
GENERAL
TERMS &
CONDITIONS
// Convenience Translation
Please note: This is a convenience translation. Only the German version is legally binding. → German version
General Terms and Conditions of ESDI GmbH & Co. KG for business dealings with entrepreneurs (§ 14 BGB — German Civil Code), legal entities under public law and special funds under public law.
1. Scope
1.1 These General Terms and Conditions are for use towards a person who, when concluding the contract, is acting in the exercise of their commercial or self-employed professional activity (entrepreneur), a legal entity under public law or a special fund under public law.
1.2 The following terms apply to all customer services of our company (“Contractor”) – including future ones – in connection with repairs, maintenance and other service work (hereinafter also referred to collectively as “services” or “repair services”), as well as to the supply of spare and exchange parts, used machines and overhauled machines.
1.3 Any differing, conflicting or deviating terms of the Customer are hereby objected to. They are not binding on the Contractor even if the Contractor does not once again expressly object to them after receipt. A contract is only concluded upon the Contractor's written order confirmation by letter, fax or email, unless the order is concluded verbally via the Contractor's service hotline.
2. Quotations, Scope of Delivery
2.1 Our quotations are subject to change without notice. Verbal and telephone agreements require our written confirmation in order to be valid. Quotations are valid for 6 weeks.
2.2 The documents belonging to our quotations, such as brochures, illustrations and drawings, as well as weight/dimension details and technical data, are only approximate unless we expressly designate them as binding. Our order confirmation alone is decisive for the quality of the delivery item.
The Customer acquires no ownership or usage rights in catalogues, cost estimates, drawings and other documents provided by us – including those on electronic data media and data from electronic data processing (e.g. email attachments) – unless we grant such rights in writing. These documents may not be made accessible to third parties without our consent.
2.3 The delivered parts comply with the standards and regulations applicable in the Federal Republic of Germany. The Customer is responsible for arranging any inspection and acceptance of the delivered parts that may be required under foreign technical standards and regulations.
3. Prices and Payment Terms
3.1 In the absence of a specific agreement, payment for services as well as for spare parts deliveries is to be made immediately upon receipt of the invoice, without cash discount, to the Contractor's account. We reserve the right to carry out deliveries to new customers only after receipt of payment (advance payment, cash payment).
3.2 In the absence of a specific written agreement, the prices apply ex works (Incoterms 2010), excluding packaging and insurance. Value added tax at the statutory rate applicable in each case is added to the prices.
3.3 In the absence of a specific agreement, payment for the purchase of used machines or the overhaul of machines is generally to be made upon notification of readiness for dispatch. The prices apply ex works (Incoterms 2010), including loading at the works, but excluding packaging and insurance. Value added tax at the statutory rate applicable in each case is added to the prices.
3.4 In the absence of a specific agreement, changes in material prices and wages arising four months after conclusion of the contract entitle us to corresponding price adjustments.
3.5 If the Customer is in default with its payment obligations, the Customer must pay default interest of 8% p.a. above the base rate. The default interest is calculated from the day the invoice amount falls due.
3.6 The Customer may only set off claims and/or assert a right of retention if its counterclaim is undisputed or has been established as final and non-appealable.
3.7 Payment by bills of exchange and cheques is made on account of performance. When accepting bills of exchange payable abroad or at secondary places of payment, we assume no liability for timely presentation and protest. If the Customer culpably fails to meet its payment obligations, in particular does not honour cheques or bills of exchange, or suspends its payments, we are entitled to call the entire remaining debt due, even if we have accepted cheques and bills of exchange. We are then also entitled to demand advance payments.
3.8 The Contractor is entitled, in the case of repair/service work, spare parts/exchange parts, used machines and the overhaul of machines, to invoice the Customer instalment payments of up to 100% of the value of the respective service rendered.
3.9 Parts, materials and special services used, as well as reimbursable travel and accommodation costs for the Contractor's service personnel, are each to be shown separately in the invoice. If the service is carried out on the basis of a binding cost estimate, a reference to the cost estimate is sufficient, whereby only deviations in the scope of services need to be set out separately.
4. Delivery Time, Service Time and Delays
4.1 The delivery time results from the agreements between the contracting parties. Compliance with it by the Contractor presupposes that all commercial and technical questions between the contracting parties have been clarified and that the Customer has fulfilled all obligations incumbent upon it. If this is not the case, the delivery time is extended appropriately. This does not apply insofar as the Contractor is responsible for the delay.
4.2 Compliance with an agreed delivery time for a spare/exchange part (“part”), used machine or overhauled machine is subject to the correct and timely delivery to the Contractor by its own suppliers or the manufacturers of the parts.
The delivery time has been met if the part/machine has left the works/point of sale of the Contractor or of its supplier (in the case of direct delivery) before it expires, or if readiness for dispatch has been notified.
In the case of services performed at the Customer's premises, it is deemed to have been met if, before it expires, the repair/service item is ready for acceptance by the Customer or, in the case of a contractually provided trial, ready for that trial to be carried out.
4.3 If the Customer sets the Contractor a reasonable deadline for delivery after the due date – taking into account the statutory exceptions – and the deadline is not met, the Customer is entitled to withdraw from the contract within the framework of the statutory provisions. It undertakes, at the Contractor's request, to clarify within a reasonable period whether it will exercise its right of withdrawal.
Further claims due to delay in delivery are determined exclusively in accordance with Clause 20.3 of these terms.
4.4 Information on repair/service deadlines is based on estimates and is therefore not binding. The Customer may only demand the agreement of a binding repair/service deadline once the scope of the work has been precisely established.
In the case of services performed at the Customer's premises, it additionally applies that the spare and exchange parts likely to be required are available at the Customer's premises or can be provided by the Customer in good time, that agreement has been reached on the extent of the Customer's acts of cooperation in performing the services, and that any official approvals on the part of the Customer have been obtained and are available. The binding repair/service deadline begins on the day on which, in the concurring view of the Customer and the Contractor, the aforementioned conditions are met, the Contractor has been granted free access to the place of the repair/service work, the start of the repair/service work has been released by the Customer and a protocol has been drawn up on this which additionally states the date of the start of the repair or service work and has been signed by the Customer and the Contractor.
4.5 In the case of additional and extension orders placed by the Customer, or where additional repair/service work is necessary, the repair/service deadline is extended accordingly.
4.6 If failure to meet the binding repair/service deadline is attributable to force majeure, industrial disputes or other events beyond the Contractor's sphere of influence, the repair/service deadline is extended accordingly.
5. Dispatch and Transfer of Risk
5.1 The risk passes to the Customer once the parts have left the warehouse or the works, and this also applies where partial deliveries are made or the Contractor has assumed further services, e.g. the shipping costs, delivery or commissioning.
5.2 If dispatch or acceptance is delayed or does not take place as a result of circumstances not attributable to the Contractor, the risk passes to the Customer as early as the day of notification of readiness for dispatch or readiness for acceptance. The Contractor undertakes to take out, at the Customer's expense, the insurance policies the Customer requests.
5.3 Partial deliveries are permissible insofar as they are reasonable for the Customer.
6. Supply of Spare/Exchange Parts and New Parts
The Customer is responsible for the correct specification and technical description of a spare or exchange part. Any notes or advice from the Contractor on the suitability of the spare or exchange parts selected by the Customer are non-binding, since the Contractor accepts the order for the spare or exchange part without having inspected the item/machine into which the part is to be installed.
7. Repair and Overhaul of Defective Parts and Machines at the Contractor's Works
7.1 In the case of repair orders that require the repair item to be brought to the works of the Contractor or one of its subcontractors, the inbound and outbound transport of the repair item is at the Customer's expense.
7.2 The Customer bears the transport risk. At the Customer's request and at its expense, the outward and return transport is insured against insurable transport risks such as theft, breakage and fire.
7.3 During the repair at the works of the Contractor or one of its subcontractors there is no insurance cover. The Customer must ensure the continuation of the existing insurance cover for the repair item, e.g. with regard to fire, water damage, storm and machinery breakdown insurance. Only at the express request and at the expense of the Customer will the Contractor arrange insurance cover for these risks.
7.4 If the Customer is in default with taking back the repair item, the Contractor may charge storage fees for storage at its works or at the works of its subcontractor. The repair item may also be stored elsewhere at the Contractor's discretion. The costs and risk of storage are borne by the Customer.
8. Repair/Service Orders That Cannot Be Carried Out
8.1 The fault diagnosis carried out in order to submit a quotation, as well as any further expenditure incurred and to be evidenced, will be invoiced to the Customer even if the repair/service work cannot be carried out for reasons not attributable to us, in particular because:
a) the reported fault did not occur during the inspection,
b) the Customer culpably missed the agreed service appointment,
c) the order was cancelled by the Customer during performance,
d) required spare parts cannot be procured within a reasonable period.
8.2 The repair/service item needs to be restored to its original condition only at the express request of the Customer and against reimbursement of the costs, unless the work carried out was not necessary.
8.3 Where repair/service work cannot be carried out, the Contractor is not liable for damage to the repair/service item, for the breach of ancillary contractual obligations, or for damage not occurring to the repair/service item itself, irrespective of the legal grounds invoked by the Customer.
The Contractor is, however, liable in the case of intent, in the case of gross negligence on the part of the owner/the executive bodies or senior employees, and in the case of culpable breach of material contractual obligations (obligations whose fulfilment is what makes the proper performance of the contract possible in the first place and on whose observance the contracting party regularly relies and may rely).
In the case of culpable breach of material contractual obligations, the Contractor is liable – except in cases of intent and gross negligence on the part of the owner/executive bodies or senior employees – only for the damage typical of the contract and reasonably foreseeable.
9. Liability for Material Defects in Used Spare Parts/Exchange Parts and New Parts
9.1 All those parts that prove to be defective as a result of a circumstance occurring before the transfer of risk are to be repaired or supplied anew free of charge, at the Contractor's option. The discovery of such defects must be notified to the Contractor in writing without delay. Replaced parts become the property of the Contractor.
9.2 The Customer must give the Contractor the time and opportunity required to carry out all rectification work and replacement deliveries that appear necessary to the Contractor; otherwise the Contractor is released from liability for any consequences arising from this.
9.3 The Customer bears the installation and removal costs; these also include costs for our service personnel, unless the Contractor is responsible for these costs in accordance with Clause 20.
9.4 The Customer has the right, within the framework of the statutory provisions, to withdraw from the contract if the Contractor – taking into account the statutory exceptions – allows a reasonable period set for it for rectification or replacement delivery on account of a material defect to expire without result. If the defect is merely insignificant, the Customer is only entitled to a reduction of the contract price. Otherwise the right to reduce the contract price remains excluded. Further claims are determined exclusively in accordance with Clause 20.3 of these terms.
9.5 No liability is assumed in particular in the following cases: unsuitable/improper use/operation, faulty assembly (connection) or installation or commissioning by the Customer or by third parties, natural wear and tear, contamination, excessive stress on mechanical and/or electrical parts, faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work, unsuitable building ground, chemical, electrochemical or electrical influences, force majeure (e.g. lightning strike), insofar as these are not the responsibility of the Contractor (see also Clause 11.6).
9.6 If the Customer or a third party carries out improper rectification, the Contractor is not liable for the consequences arising from this. The same applies to modifications made to the supplied spare/exchange parts or machines without the Contractor's consent.
Only in urgent cases where operational readiness is at risk and in order to avert disproportionately large damage – of which the Contractor is to be notified immediately – or where the Contractor – taking into account the statutory exceptions – has allowed a reasonable period set for it for the rectification of defects to expire without result, does the Customer have the right, within the framework of the statutory provisions, to remedy the defect itself or have it remedied by third parties.
9.7 The warranty period for new parts is 12 months and for used spare parts/exchange parts 6 months, unless otherwise agreed. The warranty period begins as soon as the part has left the works/point of sale of the Contractor or of its supplier (in the case of direct delivery).
This does not apply in the case of a fraudulently concealed defect or the breach of a guarantee. In all other respects, the Customer's contractual claims also remain unaffected in the case of the delivery of used parts.
10. Warranty for Used Machines and the Overhaul of Machines
Used machines and overhauled machines are sold without any warranty, unless other conditions are agreed in the order, unless the Contractor is responsible for these costs in accordance with Clause 20.
If a warranty is agreed, the provisions of Clause 9 apply. In this case the warranty period begins, depending on the agreement between the contracting parties, as soon as the machine has left the works, after commissioning or after acceptance. Parts that have to be replaced under a warranty become the property of the Contractor.
11. Warranty for Repair/Service Work at the Customer's Premises
11.1 After acceptance of the repair/service work, the Contractor is liable for a defect in the repair/service work – to the exclusion of all other claims of the Customer and without prejudice to the provisions in Clause 11.4 and Clause 20 – in such a way that it must remedy the defect. The Customer must notify the Contractor in writing without delay of a defect that has been discovered. The Contractor is not liable if the defect is insignificant for the Customer's interests or is based on a circumstance attributable to the Customer. This applies in particular with regard to the parts provided by the Customer.
To remedy a defect for which the Contractor is responsible, the Customer must grant the Contractor the necessary time and opportunity. Replaced parts become the property of the Contractor.
11.2 In the case of modifications or repair work carried out improperly by the Customer or third parties without the Contractor's prior consent, the Contractor's liability for the consequences arising from this is cancelled.
11.3 The Customer bears the installation and removal costs, unless the Contractor is responsible for these costs under Clause 20.
11.4 If the Contractor – taking into account the statutory exceptions – allows a reasonable period set for it for the rectification of defects to expire without result, the Customer has a right of reduction within the framework of the statutory provisions. Only if the repair is demonstrably of no interest to the Customer despite the reduction may the Customer withdraw from the contract.
Further claims are determined exclusively in accordance with Clause 20 of these provisions.
11.5 If, in the course of a warranty claim by the Customer, it emerges that the reported fault is attributable to a technical cause other than the one present at the time of the original service call, warranty claims are excluded, with the result that the expenditure incurred and to be evidenced is to be remunerated by the Customer.
11.6 No liability is assumed in particular in the following cases: unsuitable/improper use/operation, faulty assembly (connection) or installation or commissioning by the Customer or by third parties, natural wear and tear, contamination, excessive stress on mechanical and/or electrical parts, faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work, unsuitable building ground, chemical, electrochemical or electrical influences, force majeure (e.g. lightning strike), insofar as these are not the responsibility of the Contractor (see also Clause 9.5).
11.7 Subject to Clause 9, the warranty period for the Contractor's repair/service work at the Customer's works is 6 months from acceptance or commissioning.
12. Handling of Exchange Parts
12.1 Prices quoted by the Contractor for exchange parts apply only on condition that a corresponding repairable used part is made available and transferred in ownership to the Contractor as a part given in exchange. If the part given in exchange does not reach the Contractor within 10 days of the transfer of risk in the exchange part to the Customer, the Contractor is entitled to invoice the price for a corresponding new part instead of the price for an exchange part. Parts given in exchange are generally to be sent to the Contractor by the Customer carriage paid and insured (CIP Incoterms 2010) from within Germany, or delivered duty paid (DDP Incoterms 2010) from abroad.
12.2 If a return delivery note is missing, the parts given in exchange will be returned to the Customer unidentified. For parts given in exchange without a fault description, the Contractor charges inspection costs of 60.00 euros.
13. Return of Unused Spare Parts by the Customer
13.1 If the Customer has ordered various spare parts from the Contractor for the purpose of reducing the repair/service time because it was not established when the order was placed which spare part would ultimately be required, then the Customer must return the spare parts not required to the Contractor carriage paid and insured (CIP Incoterms 2010) within 2 weeks of the transfer of risk in the part to the Customer. Returns are generally to be sent to the Contractor by the Customer carriage paid and insured (CIP Incoterms 2010) from within Germany, or delivered duty paid (DDP Incoterms 2010) from abroad.
13.2 The Contractor generally reserves the right to charge the Customer the goods receipt, inspection and restocking costs incurred. These amount to 60.00 euros per returned part.
Spare parts with a goods value of less than 65.00 euros are generally excluded from return; no credit notes are issued for these.
14. Service Costs
14.1 The Contractor charges the travel time and the time spent by its service personnel at the place of deployment on the basis of the price and service list valid at the time the contract is concluded, which can be requested from the Contractor at any time.
14.2 Interruptions to work and an extension of the performance deadlines beyond an expressly agreed completion date that are attributable to circumstances for which the Contractor is not responsible are borne by the Customer.
14.3 On completion of the service call, but at the latest at the end of the working week, the Customer must certify the hours expended on the work certificates to be submitted by the service personnel.
15. Travel Costs
15.1 In addition to rail and air travel costs, the travel costs of the service personnel include the costs of transport and of transport insurance for personal luggage and for the tools carried or shipped, and are invoiced to the Customer as incurred. This also includes any costs for obtaining visas as well as for prescribed medical and public health examinations, and further for duties, security deposits and other costs arising in cross-border traffic.
15.2 The travel costs also include the costs of the service personnel's collectively agreed journeys home to their families falling within the deployment period.
15.3 If a motor vehicle is used, a mileage allowance is charged in accordance with the cost rates applicable in each case, which can be requested from the Contractor at any time. The choice of the means of transport is at the Contractor's reasonable discretion. In the absence of any other arrangement, business class is charged for the service personnel on flights of 4 hours or more.
15.4 If the service personnel's accommodation is more than 2 km from the place of deployment, the daily travel costs and the daily travelling time are charged as travel time.
16. Acceptance
16.1 The Customer undertakes to accept the services as soon as it has been notified of their completion or once a trial of the repair/service item contractually provided for in an individual case has taken place. If the repair/service work proves not to be in conformity with the contract, the Contractor is obliged to remedy the defect. This does not apply if the defect is insignificant for the Customer's interests or is based on a circumstance attributable to the Customer. If there is no material defect, the Customer may not refuse acceptance.
16.2 If acceptance is delayed through no fault of the Contractor, acceptance is deemed to have taken place after 2 weeks have elapsed since notification of the completion of the repair/service work, at the latest upon commissioning of the machine or the device.
16.3 Upon acceptance of the repair/service work, the Contractor's liability for discoverable defects ceases, unless the Customer has reserved the right to assert a specific defect.
17. Cooperation and Technical Assistance by the Customer
17.1 The Customer provides, at its own cost and risk, assistants (in the number required and for the time required) and, insofar as agreed, tools, lifting gear with operating personnel, as well as all materials and items of equipment needed for the smooth performance of the services. Furthermore, the Customer provides the Contractor's personnel with a dry, lockable room suitable for the safe storage of delivered parts, tools, items of clothing and other property of the service personnel. The Customer must ensure that its assistants follow the instructions of the service manager; the Contractor, however, assumes no liability for the Customer's assistants. If damage is caused by the assistants on the basis of instructions from the service manager, the provisions of Clause 20 apply accordingly.
17.2 If tools or equipment provided by the Contractor are damaged or lost at the place of deployment, the Customer is obliged to provide compensation insofar as it is responsible for the loss or the damage.
17.3 The Customer undertakes to ensure the safety of the workplace, compliance with existing safety regulations and appropriate working conditions, in particular to clean the machines on which repairs are to be carried out. It must inform the Contractor's personnel of any special safety regulations existing in its business.
17.4 The Customer obtains any necessary in-house work permits, passes, etc. at its own expense.
18. Defects of Title
If the use of parts leads to the infringement of industrial property rights or copyrights within Germany, the Contractor will, at its own expense, generally obtain for the Customer the right to continued use or modify the delivery item in a manner reasonable for the Customer such that the infringement of property rights no longer exists. If this is not possible on economically reasonable terms or within a reasonable period, the Customer is entitled to withdraw from the contract. Under the stated conditions, the Contractor is likewise entitled to withdraw from the contract.
In addition, the Contractor will indemnify the Customer against undisputed claims of the relevant property right holders or claims established as final and non-appealable. Subject to Clause 20, the aforementioned obligations are conclusive in the event of an infringement of property rights and copyrights. They exist only if the Customer notifies the Contractor without delay of the asserted infringement of property rights and copyrights, the Customer supports the Contractor to a reasonable extent in defending against the asserted claims or enables it to carry out the modification measures under the provisions of this paragraph, all defensive measures including out-of-court settlements remain reserved to the Contractor, the defect of title is not based on an instruction from the Customer, and the infringement of rights was not caused by the Customer having modified the part on its own authority or used it in a manner not in conformity with the contract
19. Retention of Title
19.1 The Contractor retains title to all accessory, spare and exchange parts and machines used or supplied until receipt of all payments under the respective delivery contract or service contract.
If services (assembly work) are to be provided, title to the delivery item does not pass to the Customer until receipt of the assembly fee or also of that part of the payment which corresponds to the assembly work.
19.2 In the event of conduct by the Customer in breach of contract, in particular default of payment, the Contractor is entitled to take back the delivery item after issuing a reminder, and the Customer is obliged to surrender it. Asserting the retention of title and the seizure of the delivery item by the Contractor do not constitute withdrawal from the contract.
19.3 The Customer may resell the parts/machines supplied to it in the ordinary course of business only with the Contractor's prior written consent; however, it hereby assigns to the Contractor all claims in the amount of the final invoice amount (including value added tax) which accrue to it from the resale or use of the parts/machines within a repair/service order against its own customer or third parties, irrespective of whether the parts/machines have been resold before or after processing. The Customer remains authorised to collect these claims even after the assignment. The Contractor's authority to collect the claim itself remains unaffected by this. The Contractor undertakes, however, not to collect the claim as long as the Customer meets its payment obligations, does not fall into default of payment, no application has been made to open insolvency proceedings and there is no suspension of payments. If this is the case, however, the Contractor may demand that the Customer disclose the assigned claims and their debtors, provide all information required for collection, hand over the associated documents and notify the debtors (third parties) of the assignment.
19.4 To secure its claims against the Customer, the Customer assigns to the Contractor those claims which accrue to the Customer against a third party through the combination of the parts/machine with a plot of land or a movable item.
19.5 The Contractor undertakes to release the securities to which it is entitled at the Customer's request insofar as the value of the securities exceeds the claims to be secured by more than 20%. The Contractor selects the securities to be released.
19.6 Processing of the delivery item by the Customer is always carried out on behalf of the Contractor. If the delivery item is processed or mixed with other items not belonging to the Contractor, the Contractor acquires co-ownership of the new item in the ratio of the value of the delivery item to the other processed items at the time of processing. In all other respects, the same applies to the item created by the processing as to the delivery item supplied subject to retention of title.
19.7 The transfer of ownership by way of security of goods owned by us is not permitted. In the event of third-party access to the delivery item, in particular seizures, the Customer will point out our ownership of the goods and notify us without delay, sending a copy of the seizure record.
19.8 An application to open insolvency proceedings entitles the Contractor to withdraw from the contract and to demand the immediate return of the delivery item.
20. Contractor's Liability, Exclusion of Liability
20.1 If parts of the repair/service item are damaged through the fault of the Contractor, the Contractor must, at its option, repair them or supply them anew at its own expense. The obligation to provide compensation is limited in amount to the contractual repair price. In all other respects, Clause 20.3 applies.
20.2 If the deliveries or services rendered by the Contractor cannot be used by the Customer in accordance with the contract through the Contractor's fault as a result of omitted or faulty execution, of proposals and advice given before or after conclusion of the contract, or through the breach of other ancillary contractual obligations – in particular instructions for the operation and maintenance of the service item or of the spare parts supplied by the Contractor – the following provisions apply to the exclusion of further claims of the Customer.
20.3 For damage not occurring to the delivery item or to the object of the service itself, the Contractor is liable – on whatever legal grounds – only
a) in the case of intent,
b) in the case of gross negligence on the part of the owner/the executive bodies or senior employees,
c) in the case of culpable injury to life, body or health,
d) in the case of defects that it has fraudulently concealed,
e) within the scope of a guarantee undertaking
f) insofar as liability applies under the Produkthaftungsgesetz (German Product Liability Act) for personal injury or damage to privately used items.
In the case of culpable breach of material contractual obligations (obligations whose fulfilment is what makes the proper performance of the contract possible in the first place and on whose observance the contracting party regularly relies and may rely), the Contractor is also liable in the case of gross negligence on the part of non-executive employees and in the case of slight negligence, in the latter case limited to the damage typical of the contract and reasonably foreseeable.
20.4 Further claims of the Customer, in particular a claim for compensation for damage or costs not occurring to the delivery item itself, are excluded (e.g. claims for damages due to loss of production, shipping costs, working time, travel time, etc. of the service personnel or the like).
21. Limitation Period
Subject to Clauses 9 to 11, the Customer's claims – on whatever legal grounds – become time-barred after 12 months.
The statutory periods apply to claims for damages under Clause 20.3 a) – d) and f). They also apply to defects in a building or to delivery items that have been used for a building in accordance with their customary use and have caused its defectiveness.
22. Applicable Law and Place of Jurisdiction, Personal Data
22.1 All legal relationships between the Contractor and the Customer are governed solely by the law of the Federal Republic of Germany applicable to the legal relationships of domestic contracting parties.
22.2 The place of jurisdiction is the court having jurisdiction over the Contractor. The Contractor is, however, entitled to bring an action at the Customer's head office.
22.3 The Contractor is entitled to store and process the Customer's personal data by means of electronic data processing.
For questions:
info@esdi.de · +49 5221 994477-0