All business transactions between our business partners and ourselves are subject to the following conditions. Deviating, complementary or supplementary agreements are valid only if confirmed by us in writing. We will not recognize any contradicting business conditions.
We shall, on principle, accept liability only for intentional or grossly negligent conduct. Liability for simple negligence is accepted by us only, if we have neglected an essential contractual obligation (i.e. a cardinal obligation) or have caused physical injury.
Our liability for simple or gross negligence and the liability of our executive bodies, persons employed by us in the performance of our obligations, agents and independent contact persons appointed by us is limited to the damage foreseeable at the time of concluding the contract and typical of the contract.
Our liability is limited to fifteen times the amount of our invoice, but shall in no case exceed 25.000 US Dollars.
Claims for damages will be time-barred 12 months after we completed our performance.
2. Subcontractors, Authorization, Directives
We are entitled to engage third parties appearing suitable to us (subcontractors) for performing on our behalf.
We are furthermore entitled to take all steps deemed necessary by us for carrying out the order, in particular to contract third parties on usual terms in the name and for account of the business partner. Expenses and costs incurred by us thereby will be charged to the business partner in addition to the arranged remuneration, unless it has been expressly agreed upon that the arranged remuneration shall include them. We are entitled to deviate from the original instructions of the business partner, if in his interest it is imperative to take the measure, but impossible to obtain his approval beforehand.
Our invoices are payable strictly net upon receipt. Default of payment begins no later than 10 days after this limit and does not depend on any prior reminder or other prerequisite.
Our invoices are payable in the currency in which they are issued, be it Euro or whatever foreign currency.
4. Place of Performance, Arbitration Clause, Closing Stipulation
Bremen is the place of performance of all obligations of all parties concerned. All legal relations between us and our business partner including his legal successors are subject to German law only.
It is deemed agreed that all disputes arising from contracts forming, also for the business partner, part of running a business are to be submitted to amicable Bremen arbitration in conjunction with the arbitration rules of the Bremen Chamber of Commerce as last amended, and that this shall exclude the regular course of law.
The right to apply, in accordance with the legal regulations, to a court of law for repeal of the arbitral award made by the reviewing court of arbitration remains unaffected. If any one provision of these Standard Business Conditions should be invalid, this does not affect the validity of any of the other provisions. In this case the parties are obliged to negotiate a new provision to take the place of the invalid one which best fulfils the purpose of the invalid provision.