GENERAL TERMS AND CONDITIONS OF DELIVERY (GTC) date: 01.04.2019
PPU Umwelttechnik GmbH
I. Scope & Defense clause
1. Contracting parties of the contracts concluded in the context of the following General Terms and Conditions (GTC) are PPU Umwelttechnik GmbH (hereinafter “PPU”) and the CONTRACTOR (herinafter CONTRACTOR or CUSTOMER). The contact details of the PPU will be found by the CUSTOMER at I-4.
Contracts between the CUSTOMER and PPU are exclusively subject to these GTC in the version available at the time of the conclusion of the contract. These terms and conditions are accepted by the order or by sending the goods.
2. The goods, services or other offers offered by PPU are aimed at entrepreneurs as well to consumers. Entrepreneurs within the meaning of these terms and conditions are natural persons or legal entities or partnerships with legal capacity who act in the course of the legal transaction in the exercise of their commercial or independent professional activity. A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed.
3. Unless an individual contract (project-related works and EPC contracts) which has been signed in writing between the contracting parties, these GTC shall apply exclusively in the present status at the time of ordering. So the sale of all products and services by PPU to the CUSTOMER shall be governed in accordance with this GTVC. Deviating conditions of the CUSTOMER are herewith expressly rejected. Such conditions shall only be binding on the PPU if they have been expressly acknowledged by it in writing. If the CUSTOMER is an entrepreneur, the GTC of the PPU also apply to future terms and conditions, unless otherwise agreed.
4. Contact details of the PPU:
PPU Umwelttechnik GmbH, Carl Colb Strasse 6, 95448 Bayreuth
HRB Nr .: 4726 (registered)
IBAN: DE 8877 3200 7200 2542 4794
Tel .: +49 (0) 921-150 63 990
Fax: + 49 (0) 921-150 63 999
II. Conclusion of the contract
1. The contract between PPU and the CUSTOMER shall only be concluded upon receipt of the PPU written confirmation or invoice.
2. The prices stated by PPU are stated separately in Euro plus valid value added tax in the respective statutory amount. Verbal price and performance data as well as other declarations or assurances by sales employees, sales representatives or other employees of PPU are only binding for PPU if they have been confirmed in writing by PPU.
3. When ordering individual goods which are made individually (work performance), the contract must include the description of the services, the functions and specifications (performance characteristics) of the goods. If the CUSTOMER is an entrepreneur, in addition to the agreed remuneration, he must bear all necessary ancillary costs, such as travel expenses, costs for transporting the tools, trips, provided that PPU has been commissioned for installation or assembly and nothing else has been individually agreed.
4. If an individual contract between the contracting parties is to be concluded, the Contract then is valid as soon as it has been effectively signed by the contracting parties .
5. Services offered by the PPU are considered as non-binding and do not constitute a binding offer. The CUSTOMER is hereby merely requested by his order to submit an offer.
6. The documents belonging to PPU’s offer (illustrations, drawings, weights and dimensions) and the properties described therein are only relevant if they are described as binding in the order confirmation.
7. Information given verbally or by telephone about the amount of the expected costs does not constitute a cost estimate and is in principle not binding for PPUs. Cost estimates are only binding for PPU if they are issued in text form and expressly designated as binding. A binding cost estimate will only be made for the CUSTOMER upon the express request of the CUSTOMER. The preparation of a cost estimate is to be remunerated by the CUSTOMER, provided that the remuneration between PPU and the CUSTOMER has been agreed separately in text form prior to the preparation of the cost estimate. If, during the execution of the order, this can not be carried out without significantly exceeding the amount stated in the cost estimate, PPU shall inform the CUSTOMER about this, point out the expected costs and obtain the CUSTOMER’s consent to the further activity. If the CUSTOMER is an entrepreneur, the consent is deemed to have been granted if it does not contradict the increased costs within three (3) calendar days of being informed in writing. The CUSTOMER shall not be informed if an insignificant exceedance of the amount stated in the cost estimate arises. An insignificant overrun is usually present if the actual cost does not exceed the cost in the estimate by 20%. If the CUSTOMER objects to the further execution of the order, PPU shall be entitled to charge the costs incurred up to the time of the objection in accordance with the cost estimate.
8. Brochures, catalogs and price lists are not binding unless otherwise agreed; Information in technical documents is only binding if expressly guaranteed.
9. If the CUSTOMER is an entrepreneur, PPU shall be entitled to rescind the contract if, after placing the order and before delivery or acceptance, extraordinary increases in raw material or energy costs of at least 20% occur, which may affect the selling price. The cost increase will be proven to the CUSTOMER on request as soon as it has occurred. In the event of withdrawal, PPU is obliged to reimburse the CUSTOMER for any payments already done.
III. Delivery, acceptance
1. The delivery is made at the expense of the CUSTOMER to the CUSTOMER`s specified delivery address. Immediate discharge by the CONTRACTOR provided that the CONTRACTOR is responsible for the unloading. The CUSTOMER shall reimburse damages and additional expenses resulting from unsuitable delivery routes or delayed unloading.
2. Delivery dates are always agreed individually and require the written confirmation of PPU. A delivery date specified in the order confirmation only indicates a delivery date, unless a fixed delivery date is expressly agreed. Compliance with the delivery deadline presupposes that the order has been completely clarified, all permits have been granted and all documents, payments and securities to be provided by the CUSTOMER have been received in time by PPU. The delivery presupposes that the CUSTOMER has fulfilled its contractual obligations, in particular that advance payments have been received by PPU in due time. Additional costs caused by incorrect address data must be borne by the CUSTOMER.
3. Subsequent amendments and additions to the CUSTOMER extend the delivery period in an appropriate manner. If the CUSTOMER fails to fulfill its duty to cooperate in part or in full, a bindingly agreed delivery period shall be extended appropriately, but at least by the period in which the CUSTOMER has not fulfilled its obligation to cooperate.
4. If PPU is prevented from timely delivery by the occurrence of unforeseen events (such as war, riots, strikes, lockouts, natural disasters, transport bans) that PPU neither causes nor is responsible for, the delivery time is extended by the duration of the hindrance. If the CUSTOMER is an entrepreneur, the delivery time will also be extended if PPU itself is not supplied correctly or on time, even though a concurrent hedging transaction has been concluded with the subcontractor in good time and with the usual care in commercial transactions.
5. Delays in delivery of item III. 4. Type entitle PPU to rescind the contract in whole or in part if PPU has promptly informed the CONTRACTOR of the delays in delivery. In the event of withdrawal, PPU is obliged to reimburse the CUSTOMER for any consideration already paid.
6. PPU reserves the right to charge storage costs of 25 € / m2 for each started month of delay in delivery if delays in delivery are without fault of PPU. This shall also apply if the CUSTOMER refuses to accept, fails to fulfill its contractual obligations or if the delivery can not be made due to delivery or production obstacles beyond PPU’s control of delivery or production carried out by the PPU or third parties.
7. PPU reserves the right to make partial deliveries, unless partial deliveries are unreasonable for the CUSTOMER. These will be invoiced separately and must be paid when due. Delays or errors of individual partial deliveries do not entitle to non-acceptance of the remaining deliveries.
8. In the case of works services, the CONTRACTOR shall be obliged to immediately accept the individually manufactured goods as soon as they have been notified of their completion or after a successful check of the contractually agreed performance characteristics has taken place. The acceptance shall be made in accordance with a protocol (acceptance procedure ), signed by PPU and the CONTRACTOR. Insignificant deviations from the contractually agreed performance characteristics and acceptance criteria do not entitle the CONTRACTOR to refuse acceptance. The acceptance shall be the same if PPU has notified the CONTRACTOR of the completion of the goods and the CONTRACTOR does not accept the goods within a reasonable period determined by PPU, although he is obliged to do so.
9. Waiting periods for services which are not caused by PPU and Force account work will be charged at an hourly rate of:
– Software technician 105,00 € / hour
– Engineer 90,00 € / hour
– Assembly technician 75,00 € / hour
– skilled worker 45,00 € / hour
Any separate travel and accommodation costs will be charged according to actual expenses. Preliminary work , which is agreed as CUSTOMER`s services , needs to be finished in order to guarantee the construction sequence. If this work is not finished by the CUSTOMER, but this is premise for PPU to continue their services onsite intime, PPU charges force account work. Regardless of this are also flat rate charge rates for services, which are offered and agreed on a project base.
10. Packaging, shipping route and shipping method are, if nothing else has been agreed, left to the dutiful discretion of PPU. If the CUSTOMER is an entrepreneur, liability of PPU for the choice of delivery or punctual arrival of the goods is excluded.
IV. Shipping costs, transfer of risk
1.The shipment of goods is regularly insured. The shipping costs including insurance are to be paid by the CUSTOMER. This does not apply to replacement deliveries. Unless otherwise specified in a purchase order all products are shipped Exworks under INCOTERMS 2010
2. If the CUSTOMER is an entrepreneur, the risk with respect to the ordered goods shall pass to the CUSTOMER as soon as PPU has handed over the goods to the respective transport company or, in the case of pickup, to the CUSTOMER or its transporter. PPU reserves the right to replace lost or damaged goods in the transport route at its own discretion in the respective individual case.
3. In the case of delivery delays for which the CUSTOMER is responsible, the risk of deterioration or loss of the goods shall be transferred to the CUSTOMER upon notification of readiness for delivery by PPU. The additional costs caused by the delay shall be borne by the CUSTOMER. Delivery delays not caused by PPU do not entitle to acceptance or acceptance refusal.
4. For works services, all risks and dangers shall pass to the CUSTOMER at the latest at the time of acceptance. The same applies if the CUSTOMER does not accept the goods within a reasonable period of time specified by PPU, although he is obliged to do so.
V. Terms of Payment, due date, delay in payment
1. PPU’s invoices are payable to the account specified in the invoice not later than ten (10) days from receipt of the invoice. Discounts and other reductions of price require prior written agreement.
2. Check and bill of exchange payments require the prior express written agreement with PPU in text form and shall only be accepted on account of performance. Bank, discount and collection charges as well as interest are to be reimbursed to PPU immediately. Credit notes on bills of exchange and checks are made only after receipt of the net proceeds and only in its amount.
3. If the CUSTOMER is in default of payment
PPU can – without prejudice to any other rights of PPU – from this point on demand default interest in the statutory amount. CUSTOMER has to pay 2% interest rate, monthly, compounded monthly (equivalent to 26.8% annual rate). In addition, PPU is entitled to charge the CUSTOMER reasonable reminder fees for each individual reminder..If the CONTRACTOR defaults in payment of the service due to general liquidity difficulties or if its financial circumstances have deteriorated significantly after conclusion of the contract, all liabilities of the CUSTOMER towards PPU become immediately due.
4. The CUSTOMER shall have the right of set-off only if its counterclaims have been legally established or are undisputed or recognized by PPU or are in close synagmatism with the CUSTOMER’s claim.
VI. Warranty, Limitation of Liability, Obligations of the CUSTOMER
1. If the CUSTOMER is an entrepreneur, PPU’s liability for defects is always one (1) year and only applies to newly manufactured goods, in particular to defects in materials, workmanship, design and quality. If the CUSTOMER is an entrepreneur, a warranty and liability for defects is excluded for used goods. Incidentally, the warranty claims for a building and for objects for a building according to the statutory provisions.
2. If the CONTRACTOR is a consumer, PPU’s warranty and liability for the sale of used items is one (1) year.
3. The liability for defects does not extend to damage resulting from improper use, faulty treatment or natural wear and tear by the CUSTOMER. If goods are sold at a reduced price with explicit reference to certain defects, the claims for defects in this respect are excluded. There are no claims due to a defect, if only a negligible deviation from the agreed condition exists or the impairment of the usability is only insignificant. Furthermore, defects are expressly excluded if improper repair work or changes to the hardware, software or parts of the system have been made by the CUSTOMER or a third party.
4. PPU is not liable for the accidental loss and accidental deterioration of the SUPPLIER of delivered materials. The same applies if the work performed prior to acceptance for reasons for which the CUSTOMER is responsible is lost, deteriorated or rendered unfeasible. In this case, PPU is entitled to demand part of the remuneration as well as the reimbursement of expenses corresponding to the work performed.
5. If the CUSTOMER is an entrepreneur, all deliveries shall be deemed to have been properly performed, undamaged and free of defects, unless the CUSTOMER notifies the bad or wrong delivery or quantity deviation or defect immediately at the time of delivery and PPU immediately, in each individual case and after recognizability , at the latest within five (5) working days after delivery in written form. In the event that the CUSTOMER fails to inform PPU accordingly, this shall be deemed acceptance of the delivery and waiver of all claims thereon. In such contact with PPU, the CUSTOMER must specify the exact deviation of the ordered from the delivered goods in terms of number or type or defects. If a delivery proves to be incomplete, PPU will, at its sole discretion, arrange for either a replacement or a credit to the CUSTOMER Account within thirty (30) days of receipt of the written notice.
6. For works services, the CUSTOMER shall only be entitled to claims for obvious defects if they have been notified immediately upon acceptance and noted in the acceptance report.
7. If, at the time of the transfer of risk, PPU is responsible for a defect in the goods, the CUSTOMER may, at its discretion, at first demand only the elimination of the defect or the delivery of a defect-free object against return of the delivered goods (supplementary performance). For work performances, PPU is entitled to determine the type of supplementary performance. If the CUSTOMER is an entrepreneur, the obligation to pay compensation for the necessary expenses for the purpose of remedying the defect shall be limited to the amount of the price for the defect-free goods.
8. The CUSTOMER shall return the goods upon request of PPU for the purpose of subsequent performance and give PPU reasonable time and opportunity to perform the remedy. If the CUSTOMER refuses to do so, PPU shall be exempted from rectifying the defect. PPU acquires ownership of the replaced parts.
9. PPU may refuse the type of subsequent performance chosen by the CONTRACTOR if it is possible only at disproportionate cost. In particular, the value of the item in immaculate condition, the importance of the defect and the question to be considered whether the other type of supplementary performance without significant disadvantages for the CUSTOMER could be used. The CUSTOMER’s claim in this case is limited to the other type of supplementary performance; these too can refuse PPU for disproportionate costs. If PPU delivers a faultless item for the purpose of supplementary performance, the CUSTOMER shall surrender the defective item.
10. The CUSTOMER shall only have the right of set-off or retention if the claim for set-off or retention has been legally established or
is undisputed. Also excluded are counterclaims from the same contractual relationship. A counter claim, set-off and / or a reduction that results from another contractual relationship is rejected in principle.
11. If PPU is unable or unwilling to provide supplementary performance, or if, for reasons for which PPU is responsible, the remedy is delayed beyond reasonable deadlines or otherwise fails, the CUSTOMER shall be entitled, at its discretion, to withdraw from the contract or to demand a corresponding reduction in the purchase price. In the event of withdrawal, the CUSTOMER and PPU are obliged to return the services received from each other and to release any benefits, in particular pro-rated depreciations.
12. If the CUSTOMER is an entrepreneur, he undertakes to provide, free of charge, all conditions in the sphere of his sphere of operation which are necessary for the provision of services by PPU. Insofar as the CONTRACTOR withholds in this connection PPU the required conditions, he shall compensate PPU separately for the resulting waiting times upon request. If, at the instigation of the CUSTOMER, the Entrepreneur is in possession of production capacity and for reasons for which PPU is not responsible, or if the order is not executed late, the CUSTOMER shall be liable for any resulting damage.
13. PPU is entitled to a contractual right of lien on the items that have been acquired by PPU as a result of the order due to claims arising from the order. The contractual lien can also be asserted for claims arising from earlier work, spare parts deliveries and other services insofar as they are related to the order. For other claims arising from the business relationship, the contractual right of lien shall only apply insofar as these are undisputed or a legally binding title exists and the object of the order is the property of the CUSTOMER or over which the CUSTOMER has the right of disposal.
14. If the CUSTOMER is an entrepreneur, liability of PPU beyond the aforementioned claims for defects is excluded. In particular, PPU shall not be liable to the CUSTOMER, which is an entrepreneur, for indirect damages and consequential damages, in particular for financial losses and lost profits.
15. As far as the liability of PPU is excluded or limited, applies
this also applies to the personal liability of employees, representatives and vicarious agents.
16. The above limitations of liability do not apply insofar as the cause of the damage is based on intent or gross negligence. Furthermore, the limitation of liability shall not apply in the case of damage resulting from injury to life, limb or health; in these cases, PPU is also liable for simple negligence.
1. For the purpose of processing and processing the order, PPU collects, stores and stores data on the person of the CUSTOMER (eg name, address, e-mail, address, social network) or on the order (eg order data, delivery address) in accordance with the current data protection laws processed. By placing the order, the CUSTOMER agrees that PPU collects, processes and uses the personal information contained on the order form in accordance with the current data protection laws in order to execute the order.
2. There is no disclosure of the data to outside third parties by PPU, unless there is a legal or regulatory obligation or the CONTRACTOR expressly agrees. Third parties within the meaning of this provision are only on the business nonparticipants. The data will only be used to process the order and payment and will only be passed on to participating business partners for this purpose.
3. In the case of service and maintenance contracts, the CONTRACTOR agrees additionally that PPU processes data collected by the wastewater treatment plant management installed in his estate and uses them in the sense of the plant function. The CUSTOMER undertakes to inform tenants or tenants of the rental or lease object in their possession upon conclusion of the rental or lease agreement that PPU has been granted the consent to the collection, processing and use of data.
4. The CUSTOMER is entitled to object at any time. For the objection, please refer to the contact possibilities under item I-4. directed.
VIII. Copyright Protection
1. PPU’s content, logos and images are protected by copyright. Reproduction or distribution or other publication requires the written consent of PPU. In the event of unauthorized copying, distribution or other publication of the contents, logos or pictures, the CUSTOMER PPU is obliged to pay damages.
2. PPU reserves the right to samples, cost estimates, drawings and the like. Information of physical and intangible nature, including in electronic form, proprietary rights and copyrights. They may not be made accessible to third parties, in particular modified ones.
3. If software is included in the scope of delivery, the CUSTOMER shall be granted a non-exclusive right to use the supplied software including its documentation. It is left for use on the intended delivery item. Use of the software on more than one system is prohibited. The CUSTOMER may reproduce, revise, translate or convert the software from the object code to the source code only to the extent permitted by law. The CUSTOMER undertakes not to remove manufacturer information, in particular copyright notices, or to change it without PPU’s prior written consent. All other rights to the software and documentation including copies remain the property of PPU or the software supplier. The granting of sublicenses is prohibited.
IX. Retention of title
1. PPU reserves the ownership of the delivered goods until the fulfillment of all existing claims against the CUSTOMER (reserved goods). This also applies if the purchase price for individual goods has been paid. The CUSTOMER undertakes to keep the contractual object in a proper condition for the duration of the retention of title. Should the CUSTOMER behave in breach of contract, in particular in default of payment, PPU is entitled to reclaim the goods. The CUSTOMER is entitled to resell the reserved goods in the ordinary course of business. Receivables from the resale of the reserved goods, the CUSTOMER already assigns to PPU in the amount of the agreed price of the goods incl. VAT. This applies regardless of whether the goods have been resold without or after processing. The retention of title also extends to processing and remodeling of the goods by the CUSTOMER and always takes place name and on behalf of us.
2. The CUSTOMER assigns to PPU in case of resale or rental of the reserved goods within the normal course of business – up to the repayment of all PPU claims against the CUSTOMER all future claims arising from the resale or the leasing against his customers as a precaution from. The PPU accepts this assignment at the time of the conclusion of the contract.
The CUSTOMER is authorized to collect the assigned claims as long as he duly fulfills his payment obligations. If the reserved goods are sold or rented together with other goods that are not the property of PPU, the resale demand shall be deemed assigned in the amount of the purchase price agreed between PPU and the CUSTOMER for the goods. The CUSTOMER shall, at the request of PPU, notify the Customer of the assignment and provide PPU with the documents required to assert the claim against the Customer, e.g. To hand over invoices and provide the necessary information. All costs of collection and any precautionary measures shall be borne by the CUSTOMER. If the goods are processed with an item not owned by PPU, PPU acquires co-ownership of the new item in the proportion of the product
objective value of the goods to the value of the processed goods at the time of processing. The same applies to the case of mixing. To secure the claims, the CUSTOMER also assigns such claims, which arise from the combination of the reserved goods with a piece of land against a third party.
3. The CUSTOMER is obliged to notify the PPU of attachment of the reserved goods or the assigned claims without delay and to inform third parties of PPU’s property. The CUSTOMER shall provide the PPU with the necessary information without delay to assert its rights against third parties, hand over the necessary documents in order to assist it in a third-party objection suit according to § 771 ZPO. Insofar as third parties are unable to reimburse PPU for the extrajudicial and judicial costs of an action, the CUSTOMER shall be liable for the loss incurred.
4. If the Reserved Goods are change in any way, remodeled or associated with other objects not belonging to PPU, PPU shall be entitled to co-ownership of the new article in proportion to the value of the value of the processed, remodeled or associated goods Thing results. The CUSTOMER shall keep the property of PPU free of charge under exclusion of § 690 BGB. If the CONTRACTOR is an entrepreneur, he must take care of the diligence of a prudent businessman in this case. In the event of the sale or lease of the new property as well as the loss of rights in connection of the retained goods with a property in such a way that it becomes an integral part of the property, the CONTRACTOR PPU assigns its claim in the amount of the share due to PPU to secure the claim. In this case, the transfer of the claim is agreed at the time of its creation, without the need for an additional declaration of assignment.
5. If the CUSTOMER fails to fulfill its contractual obligations, it is obliged to return the goods upon request by PPU. All costs of the return as well as the utilization of the purchase object in this case are borne by the CUSTOMER. If the CONTRACTOR is an entrepreneur, he undertakes to renounce the exercise of his ownership rights and to allow PPU to have unimpeded access to the reserved goods and their pick-up.
6. If the value of the security exceeds the claims of PPU against the security CONTRACTOR from the current business relationship by more than 20%, PPU is obliged at the request of the CUSTOMER to release the securities to which it is entitled according to its choice.
7. PPU reserves all rights to the technical documentation which is handed out to the CUSTOMER. No prior written consent of PPU may be made, in whole or in part, to any third party or used outside of the purpose for which it was provided to the CUSTOMER. The possession of these documents does not entitle to the reproduction of machines, plants, components or parts thereof.
X. Notes on battery disposal
In connection with the distribution of batteries or the supply of equipment containing batteries, PPU is obliged to inform the CONTRACTOR of the following: The CONTRACTOR is required by law to return used batteries as an end user. He can return used batteries, which the seller has as new batteries in the assortment or has led, gratuitously at the dispatch warehouse (shipping address) of the seller. The symbols shown on the batteries have the following meaning: The crossed-out wheeled bin symbol means that the battery must not be disposed of with household waste. Pb = battery contains more than 0.004% by mass of lead Cd = battery contains more than 0.002% by mass of cadmium Hg = battery contains more than 0.0005% by mass of mercury.
XI. Right of Withdrawal
1. If the CONTRACTOR is a consumer, he is entitled to a right of revocation in accordance with the statutory provisions. At the latest after conclusion of the contract, the consumer will be provided with the revocation instruction along with the model revocation form on paper or a durable medium. The information that the consumer is not entitled to a right of revocation and the consumer can not revoke his declaration of intent or revoke a right of revocation prematurely, the consumer is provided before submitting its contract declarations in a clear and understandable manner.
2. CUSTOMER becomes informed that, in the case of a contract for the supply of services, he owes the trader compensation for the service provided until the consumer exercises the right of withdrawal after the consumer has expressly requested that the service be commenced before the expiry of the withdrawal period
3. CUSTOMER becomes informed that that a right of revocation does not exist with the contracts, which are mentioned in § 312g paragraph 2 sentence 1 No. 1 and 11 BGB and the consumer can not revoke his declaration of intent. Among other things, as evidenced by the statutory provisions, there is no right of revocation for the following contracts:
– contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
– contracts where the consumer has expressly requested PPU to visit him for urgent repairs or maintenance; this shall not apply with regard to other services rendered during the visit which the consumer has not expressly requested, or to those goods supplied during the visit which are not necessarily required as spare parts during the maintenance or repair.
4. CUSTOMER becomes informed that a right of revocation for contracts can expire prematurely. Among other things, the right of withdrawal expires prematurely for the following contracts:
– contracts for the delivery of sealed goods that are not suitable for return for reasons of health or hygiene, if their seal has been removed after delivery,
– Contracts for the supply of goods, if, due to their nature, they were inseparably mixed with other goods after delivery,
– Contracts for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
– Contracts with consumables, which were delivered in a customary container
5. CUSTOMER becomes informed that a right of revocation expires prematurely, if PPU has provided the service completely and has only begun the execution of the service, after the consumer’s explicit consent has not confirmed his knowledge of that at the same time
5. CUSTOMER becomes informed that a right of revocation expires prematurely, if PPU has provided the service completely and has only begun the execution of the service, after the consumer’s explicit consent has unevenly confirmed his knowledge that he loses his right of revocation in full contract performance by the entrepreneur .
6. CUSTOMER becomes informed that he is in a contract for repair and maintenance work, which is concluded outside of business premises, in which the mutual benefits are met immediately and the compensation to be paid by the consumer 200 € does not exceed and the consumer has expressly requested the services of the entrepreneur, can not revoke his declaration of intent or extinguish an existing right of withdrawal prematurely.
XII. final provisions
1 . PPU is entitled to commission third parties and vicarious agents with the provision of parts or the entire range of services.
2.The law of the Federal Republic of Germany applies, excluding the UN Sales Convention (CISG).
1. The place of performance is the place of business of PPU, subject to express individual agreements.
2. If the CONTRACTOR is an entrepreneur, the exclusive place of jurisdiction is Bayreuth; however, PPU is also entitled to sue at another competent court.
5. Should individual provisions of these terms and conditions not be effective or feasible, this shall not affect the validity of the remaining provisions of these terms and conditions. In place of the ineffective provisions, by way of adaptation, another appropriate provision shall be deemed to be closest in economic terms to what the parties intended or would have intended if they had considered the invalidity of the provision.