Final provisions, severability clause. (1) In case of a payment delay, WILO is only liable for past-due interest in the amount of 5 % above the respective default interest rate in accordance with the statutory regulations pursuant to § 247 German Civil Code [BGB] in conjunction with § 352 German Commercial Code [HGB]. Additional interests payable to WILO by the contracting partner (e.g. default interest, § 353 Commercial Code [HGB]) are expressly ruled out according to the present agreement.
(2) The contracting partner is only entitled to set-off rights vis-à-vis WILO in consideration of claims that are either undisputed or have been recognised by declaratory judgment. The contracting partner is only entitled to rights of retention vis-à-vis WILO in consideration of such claims that are either undisputed or have been recognised by declaratory judgment and that arise from the same contractual relationship with the contracting partner. Moreover, the contracting partner is not entitled to only perform outstanding services or deliveries from the product portfolio against advance payment or security deposit if, after conclusion of the framework agreement, it becomes aware of circumstances suitable to xxxxxxxx XXXX's creditworthiness to a significant extent, thus putting at risk a payment of outstanding claims of the contracting partner towards XXXX xxxxxxx from the contractual relationship. Contractual provisions concerning foreign currency debt require a separate written case-to-case agreement. The parties agree to bindingly include a fixed EURO (€) foreign currency exchange rate in such provisions.
(3) Claims of the contracting partner towards WILO may not be sold to third parties or transferred by way of security or invoice. In exceptional cases, the contracting partner may transfer its rights and obligations arising from the agreement to a third party only if WILO has agreed to this transfer in writing. Approval must not be unreasonably withheld. According to the present provision, third parties are companies not affiliated with the contracting partner within the meaning of § 15 et seq. German Companies Act [AktG].
(4) Any general terms and conditions of the contracting partner shall expressly not apply so that these are contested in particular also if they are submitted to WILO in a confirmation letter or otherwise or if WILO accepts deliveries or services by the contracting partner without expressly refuting the contracting partner's general terms and conditions once again. WILO’s Standard Ter...
Final provisions, severability clause. (1) The present agreement is a complete record of any and all covenants agreed by the parties thereto in regard to support [for the event]. There are no oral ancillary agreements. Amendments and supplements to this contract as well as any and all declarations provided for in this contract and necessary for its implementation must be made in writing. Unless declarations are confidential in nature, they may be transmitted by e-mail.
(2) If one of the provisions of the present agreement is or becomes void, this shall not affect the validity of the remaining provisions. The parties thereto shall replace any such void provision with the provision that comes closest to the economic purpose of the void provision and which corresponds to the intention of the parties thereto. This shall also apply in the event of a regulatory gap.
Final provisions, severability clause. (1) Any amendments of or supplements to the contractual agreement or these AGB must be in writing. Any unilateral amendments or supplements by the Customer shall be invalid.
(2) The place of performance and the place of payment for commercial business dealings shall be the commercial residence of Hotel & Apart4you GmbH.
(3) The legal venue shall be Erding insofar as the Customer is an entrepreneur.
(4) Insofar as a contractual partner fulfils the requirement of § 38 Para. 2 ZPO [German Code of Civil Procedure] and has no general legal venue in Germany, the legal venue shall likewise be Erding.
(5) The law of the Federal Republic of Germany shall be valid. The applicability of the United Nations Convention on Contracts for the International Sale of Goods and the conflict of laws provisions shall be excluded.
(6) If individual provisions of these AGB should be discovered to be or become invalid or null and void, this shall not affect the validity of the remaining provisions. In this case, the statutory provisions shall be valid.
Final provisions, severability clause. (1) The present agreement is a complete record of any and all covenants agreed by the parties thereto in regard to support for the event under the title “title of the event”. There are no oral ancillary agreements. Amendments and supplements to this contract as well as any and all declarations provided for in this contract and necessary for its implementation must be made in writing. Unless declarations are confidential in nature, they may be transmitted by e-mail.
(2) If one of the provisions of the present agreement is or becomes void, this shall not affect the validity of the remaining provisions. The parties thereto shall replace any such void provision with the provision that comes closest to the economic purpose of the void provision and which corresponds to the intention of the parties thereto. This shall also apply in the event of a regulatory gap.
(3) The place of jurisdiction for all disputes between the parties thereto under and/or in connection with this agreement and/or its interpretation shall be Berlin. The place of performance shall be Berlin. This agreement and its implementation are governed by the law of the Federal Republic of Germany.
Final provisions, severability clause. If individual provisions of these standard sales, delivery and payment terms shall be invalid or become ineffective as a whole or in part, including general business conditions, the validity of the remaining provisions shall not be affected in any respect. Provisions which are partially or entirely ineffective shall be replaced by regulations, whose economic success is as close to the ineffective ones as possible.
