Preamble. If regulations are provided in the General Exhibiting Condi- tions or the Special Exhibiting Conditions of LMS regarding limitations and exclusions of liability, limitation periods and statute of limitations, they shall not apply, insofar as LMS is at fault, to the breach of essential contractual obligations, which LMS must guarantee according to the content, nature and purpose of the contract and on whose fulfilment the exhibitor regularly relies and may rely, because they allow the proper implementation of the contract (cardinal duties), to actions of intent and gross negligence, and for damages arising from death, physical injury or damage to health.
Preamble. A-Trust is a qualified trust service provider and intends to develop security devices (TSE) for POS systems for the German market. The business partner is a cash register manufacturer and intends to implement A-Trust TSEs in its products.
Preamble. 1. IKTS and PVN co-operate in the field “Printing and Characterization of Ag-glass-inks. In this connection FhG/IKTS sent to PVN the offer no. 00-000-00-00 of March 25, 2011. PVN charged IKTS with its purchase order of April 04, 2011.
2. On August 26, 0000 XxX and PVN signed a “Memorandum of Understanding for License Agreement” (MOU).
3. IKTS owns extensive technical Know-how in the field of "injectable ink containing glass-frits for crystalline solar cells".
4. PVN owns extensive technical know-how in the field of injectable ink for metallization of crystalline solar cells, and is developing disruptive technology that achieves significant cost reduction in the manufacturing process of silicon cells through inkjet printing of inks based on nano metric materials. Therefore PVN is interested in taking a license to exploit FhG/IKTS's Know-how. FhG is willing to grant a license with respect to said Know-how to PVN. Now therefore, the parties agree, with due regard to the “Memorandum of Understanding for License Agreement” as follows:
Preamble. 1.1 The conditions of purchase (hereinafter also referred to as 'GCP' ) are valid for all orders and contracts in which Xxxxxxxxxx Xxxxx GmbH & Co KG (hereinafter also referred to as ‘MEUSBURGER’) is client or buyer, unless otherwise agreed with the management from MEUSBURGER in writing. These terms also apply to all future business transactions, even if they are not expressly referred to as an integral part of the contract in an individual case.
1.2 Contradictory terms and conditions, especially sales conditions of the suppliers, are valid only if MEUSBURGER has expressly agreed in writing. So far as the general terms and conditions conflict with these GCP legally or economically, the GCP prevail. These GCP apply in particular and in any case when the supplier performs a delivery following a MEUSBURGER order in the absence of other written agreements. Goods within the meaning of these conditions of purchase are both deliveries of goods as well as work and services.
Preamble. 1.1 These General Terms and Conditions of Business shall apply to all offers and sales of machines and accessories as well as spare parts by Supervac (“Seller”) to the contracting partner (“Buyer”); they shall also apply by analogy to other services. They shall apply to all business dealings, including, without limitation, all future transactions, even if no express reference is made hereto. The Buyer´s general business conditions, if any, shall not become part of the contract. This shall apply even if the Seller, aware of the Buyer´s business conditions, performs the contract without reservations.
1.2 Any amendments or side agreements to, or modifications of, these General Terms and Conditions of Business shall only be valid if executed in writing.
Preamble. 1.1 These General Terms and delivery Conditions apply to all sales of products and services (“Products”) by HMS to any purchaser thereof (the “Customer”). Contradictory conditions, or customer's terms such as deviate from these conditions, shall not be recognized unless HMS has expressly agreed to their applicability. These conditions of sale shall also apply exclusively if HMS, having knowledge of contradictory conditions of the customer's, makes delivery to the customer unconditionally.
1.2 These conditions of sale shall also apply to all future transactions between the contractual parties without its being necessary to draw attention to them anew. This shall also apply if, at the time of the first transaction, these conditions do not come to the knowledge of the customer until after conclusion of the contract. HMS will inform customers immediately in case of changes of these conditions of sale.
1.3 Legally relevant declarations and notifications such as are to be made to us by the customer after conclusion of the contract (for example the setting of a deadline or time limit, reminder, declaration of rescission), shall require to be made in writing if they are to have any validity.
1.4 These conditions of sale only apply in respect of entrepreneurs, governmental entities or special governmental estates within the meaning of § 310 (1) of the German Civil Code (BGB).
Preamble. 1.1. General
1.2. Subject of the Contract
Preamble. 1.1. These Standard Terms and Conditions for the Purchase of Goods shall exclusively apply, save as varied by express agreement accepted in writing by both parties. These Conditions shall also apply if the buyer accepts delivery of Goods under the existence of the seller’s contradictory Standard terms not being subject of the contract.
1.2. Any agreement being concluded between buyer and seller shall only be binding between the parties if they are laid down in writing. Any conditional or different terms proposed by the seller are objected to and will not binding upon the buyer unless assented in writing by the buyer.
1.3. These conditions shall govern any future individual contract of purchase between buyer and seller to the exclusion of any other terms and conditions. These provisions extend to standard contract conditions which are used in a contract with a merchant in the course of business only.
Preamble. Savetherapeutics AG i.L., with registered seat in Hamburg (HR B 80 175), hereafter "THE OBLIGOR" carried on the development and marketing of therapeutics, diagnostics and cosmetics, in particular, however not exclusively, in the field of breast cancer and other indications. Following the decision of the Local Court in Hamburg (ref.: 67e IN 294/04) dated January 14, 2005 insolvency proceedings have been opened over the assets of the Obligor as of January 14, 2005, 9:57 a.m. and Seller has been appointed as Liquidator. Buyer is interested in taking over essential assets of Seller. Buyer and Seller have entered into negotiations for this purpose. Buyer already submitted an offer which depended on the conclusion of a settlement agreement between the shareholders of the Obligor Xxxx. Xx. Xxxxxxxx Xxxxxxx and Xx. Xxxxxx Xxxxxxx. This agreement was intended to define the split (into cosmetic and non-cosmetic use) of the patents (Schutzrechte) being part of the 10 CONVENIENCE TRANSLATION object of purchase, but was not concluded between the parties concerned; therefore the offer has expired. Being fully aware of these circumstances as well as the fact that Mr. Schmidt and Mr. Wieland still claim to be the owner of the patents, Buyer now intends to purchase the patents entirely and not only the part relating to the non-cosmetic use of such patents. The parties agree that this agreement relates to a purchase of assets from the insolvency assets (Insolvenzmasse) of Obligor. Therefore all warranty or damage claims as well as claims relating to reversed transactions (Ruckabwicklung) against Seller or the insolvency assets (Insolvenzmasse) with regard to the object of purchase shall be barred.
Preamble. The operators of Holmes Place Clubs and other brands are the following companies (hereinafter only "Holmes Place"): Club Berlin Ostkreuz Club Berlin Gendarmenmarkt Club Hamburger Meile Club Berlin Schlossstraße Club Berlin Neue Welt Club Düsseldorf Am Seestern Club Berlin Potsdamer Platz Club Hamburg Bahrenfeld Club Essen Rüttenscheid Storm Shift Holmes Place Boutique Xxxxxxxxxxxxxxxx 00, 00000 Xxxxxx, HRB 000000 X Xxxxxxxxxxxxxxxx 00, 00000 Xxxxxx, HRB 00000 Xxxxxxxxxxxxxxxx 00, 00000 Xxxxxx, HRB 00000 Xxxxxx, HRB 87019 Xxxxxxxxxxxxxxxx 00, 00000 Xxxxxx, HRB 87019 Club Lübeck Linden Arcaden Club Köln Am Gürzenich Club Düsseldorf Königsallee Club Düsseldorf Provinzialplatz Club Berlin Bismarckstraße