Common use of APPLICABILITY AND VALIDITY Clause in Contracts

APPLICABILITY AND VALIDITY. The Purchase Terms and Conditions are applicable to all present and future requests, offers and Agreements where RWE acts as the requesting or purchasing party for the delivery of Goods and/or the performance of Services whether or not in combination with the delivery of Goods. The Other Party sees to it and commits to apply these Purchase Terms and Conditions to suppliers, sub-contractors and third parties relied on by the Other Party. The Other Party must inform the said suppliers, subcontractors and/or third parties in a correct, timely and complete fashion. The (general) terms and conditions and provisions that are applied by the Other Party are expressly rejected by RWE and shall only have binding effect on RWE if and to the extent that RWE declared in writing to expressly agree with the same. Derogation from the Purchase Terms and Conditions is only possible if and to the extent that RWE expressly accepted the derogation in writing and is moreover only related to the relevant Agreement, unless otherwise agreed upon in writing. If a provision of these Purchase Terms and Conditions is fully or partly in violation of a mandatory statutory provision, then this shall not affect the validity of the other Purchase Terms and Conditions and these shall for the remainder remain in full force and effect. With regard to the invalid, nullified or cancelled provisions RWE shall, to replace the relevant provisions, establish new provisions in consultation with the Other Party that are, in terms of nature and scope, as closely as possible in line with the invalid, void or cancelled provisions. For the purpose of the Purchase Terms and Conditions personnel of the Other Party must also be understood to include third parties that are involved in the execution of the Agreement by or on behalf of the Other Party. For the purpose of these Purchase Terms and Conditions “in writing” is also understood to include a message sent or received by the relevantly authorised representatives of the relevant Party by post, facsimile, email or (other) electronic means (e.g. Electronic Data Interchange).

APPLICABILITY AND VALIDITY. The Purchase Terms and Conditions are applicable to all present and future requests, offers and Agreements where RWE Essent acts as the requesting or purchasing party for the delivery of Goods and/or the performance of Services whether or not in combination with the delivery of Goods. The Other Party sees to it and commits to apply these Purchase Terms and Conditions to suppliers, sub-contractors and third parties relied on by the Other Party. The Other Party must inform the said suppliers, subcontractors and/or third parties in a correct, timely and complete fashion. The (general) terms and conditions and provisions that are applied by the Other Party are expressly rejected by RWE Essent and shall only have binding effect on RWE Essent if and to the extent that RWE Essent declared in writing to expressly agree with the same. Derogation from the Purchase Terms and Conditions is only possible if and to the extent that RWE Essent expressly accepted the derogation in writing and is moreover only related to the relevant Agreement, unless otherwise agreed upon in writing. If a provision of these Purchase Terms and Conditions is fully or partly in violation of a mandatory statutory provision, then this shall not affect the validity of the other Purchase Terms and Conditions and these shall for the remainder remain in full force and effect. With regard to the invalid, nullified or cancelled provisions RWE Essent shall, to replace the relevant provisions, establish new provisions in consultation with the Other Party that are, in terms of nature and scope, as closely as possible in line with the invalid, void or cancelled provisions. For the purpose of the Purchase Terms and Conditions personnel of the Other Party must also be understood to include third parties that are involved in the execution of the Agreement by or on behalf of the Other Party. For the purpose of these Purchase Terms and Conditions “in writing” is also understood to include a message sent or received by the relevantly authorised representatives of the relevant Party by post, facsimile, email or (other) electronic means (e.g. Electronic Data Interchange).