Common use of Applicability Clause in Contracts

Applicability. 3.1 Notwithstanding any different communication in the past or the future, the Customer accepts, by sending a request for a quotation and/or an order and/or concluding an agreement with Recor Bedding NV that only the following rules apply to all contractual, pre-contractual and extra-contractual present or future legal relationships between Recor Bedding NVand the Customer (in hierarchically descending order, the next one in the absence or silence of the preceding one): (1) the written agreement between Recor Bedding NVand the Customer; (2) the written and/or electronic order confirmation issued by Recor Bedding NV (3) these General Terms and Conditions of Sale and Delivery; (4) Article 4-88 of the Vienna Convention on the Sale of Goods; (5) the Unidroit Principles; (6) the Belgian Law with the exception of the Articles 1-3 and 89-101 of the Vienna Convention on the Sale of Goods. 3.2 These General Terms and Conditions shall not affect the legal rights granted in a binding manner to the Customer under the applicable national legislation relevant for Consumer Protection. 3.3 The possible nullity of one of the provisions or part of a provision of these General Terms and Conditions does not affect the applicability of the other provisions and/or the remainder of the provision. In the event of nullity of one of the provisions or part of a provision, Recor Bedding NVand Customer shall, to the extent possible and in fairness and conviction, negotiate to replace the void provision by an equivalent provision that is in accordance with the general spirit of these General Terms and Conditions of Sale and Delivery.

Applicability. 3.1 Notwithstanding any different communication in the past or the future, the Customer accepts, by sending a request for a quotation and/or an order and/or concluding an agreement with Recor Bedding Europe NV that only the following rules apply to all contractual, pre-contractual and extra-contractual present or future legal relationships between Recor Bedding NVand Europe NV and the Customer (in hierarchically descending order, the next one in the absence or silence of the preceding one): (1) the written agreement between Recor Bedding NVand Europe NV and the Customer; (2) the written and/or electronic order confirmation issued by Recor Bedding Europe NV (3) these General Terms and Conditions of Sale and Delivery; (4) Article 4-88 of the Vienna Convention on the Sale of Goods; (5) the Unidroit Principles; (6) the Belgian Law with the exception of the Articles 1-3 and 89-101 of the Vienna Convention on the Sale of Goods. 3.2 These General Terms and Conditions shall not affect the legal rights granted in a binding manner to the Customer under the applicable national legislation relevant for Consumer Protection. 3.3 The possible nullity of one of the provisions or part of a provision of these General Terms and Conditions does not affect the applicability of the other provisions and/or the remainder of the provision. In the event of nullity of one of the provisions or part of a provision, Recor Bedding NVand Europe NV and Customer shall, to the extent possible and in fairness and conviction, negotiate to replace the void provision by an equivalent provision that is in accordance with the general spirit of these General Terms and Conditions of Sale and Delivery.