Common use of Preamble Clause in Contracts

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).