Common use of Application Clause in Contracts

Application. These General Conditions of Sale and Delivery (the “Conditions”) shall form an integral part of all business transactions between the customer and Fried x. Xxxxxx Gesellschaft m.b.H. and/or companies affiliated to Fried x. Xxxxxx Gesellschaft m.b.H. within NEUMAN Group (each “NEUMAN”) which confer to the sale and supply of goods or the performance of other services by NEUMAN. Customer’s contract conditions or other provisions deviating from the Conditions shall only apply when and in so far as in the individual case expressly acknowledged in writing by NEUMAN and only in respect of such business transaction for which customer’s contractual conditions or other provisions have been accepted by NEUMAN. Confirmation of customer orders by NEUMAN shall in no event be deemed acknowledgement of deviating contractual conditions or other provisions. Business transactions with consumers in the meaning of the consumer protection laws applicable in the individual case shall be governed by the Conditions only in so far as they are not violating mandatory provisions of such laws. The Conditions, once having been applied to a business transaction with the customer, shall thereinafter without regard to deviating conditions apply also to all future sales and supplies by NEUMAN, unless NEUMAN introduces other general conditions of sale and delivery or otherwise expressively agreed between the parties.

Appears in 2 contracts

Samples: General Conditions of Sale and Delivery, Allgemeine Verkaufs Und Lieferbedingungen

Application. These General Purchase Conditions of Sale and Delivery (the “Conditions”) shall form an integral part of all business transactions between the customer supplier and Fried x. Xxxxxx Gesellschaft m.b.H. and/or companies affiliated to Fried x. Xxxxxx Gesellschaft m.b.H. within NEUMAN Group (each “NEUMAN”) which confer to the sale and supply of goods or the performance of other services by to NEUMAN. Customersupplier’s contract conditions or other provisions deviating from the Conditions shall only apply when and in so far as in the individual case expressly acknowledged in writing by NEUMAN and only in respect of such business transaction for which customersupplier’s contractual conditions or other provisions have been accepted by NEUMAN. Confirmation of customer orders supplier’s offers or other documents by NEUMAN shall in no event be deemed acknowledgement of deviating contractual conditions or other provisions. Business transactions with consumers in the meaning of the consumer protection laws applicable in the individual case shall be governed by the Conditions only in so far as they are not violating mandatory provisions of such laws. The Conditions, once having been applied to a business transaction with the customersupplier, shall thereinafter without regard to supplier’s deviating conditions apply also to all future sales and supplies by the supplier to NEUMAN, unless NEUMAN introduces other general conditions of sale and delivery purchase or otherwise expressively agreed between the parties.

Appears in 1 contract

Samples: Allgemeine Einkaufsbedingungen

Application. These General Purchase Conditions of Sale and Delivery (the “Conditions”) shall form an integral part of all business transactions between be- tween the customer supplier and Fried x. Xxxxxx Gesellschaft m.b.H. and/or companies affiliated to Fried x. Xxxxxx Gesellschaft Ge- sellschaft m.b.H. within NEUMAN Group (each “NEUMANNEU- MAN”) which confer to the sale and supply of goods or the performance of other services by to NEUMAN. CustomerSupplier’s contract conditions or other provisions deviating devi- ating from the Conditions shall only apply when and in so far as in the individual case expressly acknowledged in writing by NEUMAN and only in respect of such business transaction for which customersupplier’s contractual conditions or other provisions have been accepted by NEUMAN. Confirmation Confir- mation of customer orders supplier’s offers or other documents by NEUMAN NEU- MAN shall in no event be deemed acknowledgement of deviating contractual conditions or other provisions. Business transactions with consumers in the meaning of the consumer protection laws applicable in the individual case shall be governed by the Conditions only in so far as they are not violating mandatory provisions of such laws. The Conditions, once having been applied to a business busi- ness transaction with the customersupplier, shall thereinafter without with- out regard to supplier’s deviating conditions apply also to all future sales and supplies by the supplier to NEUMAN, unless NEUMAN introduces other general conditions of sale and delivery purchase or otherwise expressively agreed between the parties.

Appears in 1 contract

Samples: General Purchase Conditions