Common use of General Clause in Contracts

General. 1.1 The following terms and conditions of sale (hereafter also referred to as “GTC”) apply only to Contract Partners domiciled outside of Germany, France, Benelux, Austria, and Switzerland. These apply to all contracts concluded between our Customers (hereafter referred to as “Customer(s)” and JAKO in regard to the supply of movable things (hereafter also referred to as “goods”, “product(s)” or “articles”) in cases where the Customer is a business, a legal person under public law or a Special Fund under public law. Orders shall be carried out exclusively on the basis of the following terms and conditions. However, they do not apply to contracts between JAKO and our authorised dealers with whom an autonomous (separate) agreement has been concluded. The terms and conditions used at the time of the Customer’s initial order will also be used as a framework agreement for similar future orders without any requirement to restate them for each individual transaction unless agreed otherwise. These GTC shall apply to the exclusion of any other terms and conditions. We hereby expressly reject any conflicting, differing or additional terms of purchase or any other restrictions proposed by the Customer. Any such conflicting, differing or additional terms of purchase or any other restrictions shall be incorporated in the contract but only where and to the extent to which JAKO has given express consent as to their validity. This requirement for express consent shall apply in any case, for example also if we execute the Customer's order without reservation but with knowledge of conflicting or differing terms on the part of the Customer. If in these GTC the written form is required for notifications, declarations or other communications of the Customer, the text form shall suffice in any case. 1.2 In any case, individual agreements made with the Customer on a case-by-case basis (including collateral agreements, supplements, and amendments) shall take precedence over these provisions. A written contract or written confirmation from JAKO shall be the proof, and deciding factor in honouring exceptions to our standard agreements. 1.3 Any information concerning our goods and services (e.g. weights, dimensions, serviceability, resilience), as well as any representation in pictures (e.g. drawings and illustrations), shall be approximate only unless the usability requires exact conformity for the purpose intended in the contract. Said data are only descriptions and identifications of goods or services and do not constitute any warranted characteristics or qualities. Deviations that are customary in the trade and/or deviations that are based on legal regulations or represent technical improvements, as well as the replacement of parts with equivalent parts, are permissible, provided they do not impair the usability for the purpose intended in the contract. 1.4 Personal data received within the scope of the business relationship with the Customer will be processed by JAKO in compliance with the legal provisions.