General and Special Terms and Conditions

I. General Provisions

1. The following terms and conditions apply to every order. Other terms and conditions are binding on us only if we have accepted them in writing.
2. Orders and verbal agreements require our written confirmation to be valid.

3. Our offers are subject to change without notice unless we expressly designate them as binding. Cost estimates are nonbinding. Prices are net ex works, excluding packaging.

4. We reserve the right to adjust prices proportionally if, after the conclusion of the contract, the prices of materials, labor costs, and/or exchange rates for imported goods change.

5. If an order is canceled by the purchaser or client—which requires our consent—we are entitled to compensation for the actual expenses incurred, but not less than 25% of the net order value.

6. We reserve our exclusive rights and claims to all designs, blueprints, images, drawings, tables, schematic diagrams, and all other manufacturing documents sent to or shown to the purchaser or prospective purchaser of our goods. Such designs, blueprints, images, drawings, tables, schematics, and manufacturing documents may not be disclosed to, shown to, or otherwise made known to third parties without our express written consent. They must be returned to us at any time upon our request.

II. Delivery

1. We shall endeavor to meet delivery and performance deadlines; however, we are entitled to extend such deadlines reasonably, particularly if delays arise, e.g., during preliminary order clarification with the customer or during the processing of the order placed. Information regarding delivery times refers to the shipment of goods ex works

or to notification that the goods are ready for acceptance and are non-binding unless expressly stated otherwise.

2. Force majeure and other events beyond our control that may jeopardize the smooth execution of the order—in particular, delivery delays on the part of our suppliers, transportation and operational disruptions, labor disputes, shortages of materials and energy, entitle us to postpone delivery or to withdraw from the contract in whole or in part, without the customer being entitled to any claims for compensation as a result. This also applies if the aforementioned events occur at a time when we are in default.
3. We are permitted to make partial deliveries under the terms of the overall order. Partial invoices are permitted.
4. In the case of repair work, we are also entitled to remedy any defects that become apparent only during the course of the work. Instead of performing the repair work, we may supply other equivalent items in exchange, in whole or in part. Replaced parts will not be returned.
5. We are entitled to have service or maintenance orders processed by other companies, even without informing the customer.

III. Shipping

1. Shipping is at the customer’s expense and risk. We may arrange for transportation insurance unless otherwise instructed

, may be arranged by us.

2. We work with standard shipping carriers under standard market terms, but do not guarantee the lowest shipping cost.

3. We reserve the right to ship not from the place of performance as defined in Section XII, but from another location of our choosing.

IV. Complaints, Notices of Defects, and Acceptance

1. Complaints regarding incomplete or incorrect delivery or notices of apparent defects must be submitted in writing without delay, no later than 15 days after receipt of the goods. Other defects must be reported in writing immediately upon discovery. Any complaint regarding defects must be accompanied by a request for their rectification at no cost.
2. Warranty claims are excluded if complaints or notices of defects are not reported in a timely manner. If reported in a timely manner, we are only obligated to make replacement deliveries or to provide warranty service in accordance with Section V.

3. Contract work generally requires formal acceptance, which must be requested by the customer. Acceptance is deemed to have taken place 10 days after completion, but no later than 3 days after the contracted service has been put into operation.

V. Warranty

1. We guarantee the warranted characteristics and freedom from defects in accordance with the current state of the art. Changes in design or construction that we make generally to a product prior to the delivery of an order do not constitute grounds for a complaint.
2. The warranty period begins upon our shipment of the goods and is generally 6 months—unless otherwise specified by the laws of the Federal Republic of Germany. Excluded from this are third-party products with shorter warranty periods, such as disk drives (90-day warranty period), lenses, sprockets, and the like, for which the suppliers’ warranty periods apply. We do not provide any warranty for used equipment, unless otherwise agreed in writing.

3. Type of Warranty

a) The warranty covers, at our discretion, the repair or replacement of the product or part in question. Replaced parts become our property.

b) The product subject to the complaint must be sent to us or to a customer service center authorized by us for the respective product line

customer service center recognized by us for the respective product area. The costs of shipping to and from us shall be borne by the customer. Transportation insurance as per III,1.

4. There is no right to rescission or reduction in price unless we are unable to remedy the defect.

5. The warranty obligation expires if the delivered item is modified by a third party or through the installation of parts from third-party sources, unless the defect is not causally related to the modification. It further expires if installation and handling instructions are not followed.

6. Normal wear and tear and damage caused by improper handling are excluded from the warranty. The customer is responsible for backing up data on any storage medium. In particular, we are not liable for changes in the condition or operation of our products resulting from improper storage, climatic conditions, or other external influences. The warranty does not cover defects resulting from design flaws or the selection of unsuitable materials, provided that the customer specified the design or material despite prior notification.
7. Repair or replacement does not extend or renew the warranty obligation. 8. We disclaim all liability—in particular, all claims for damages—for difficulties arising from intellectual property laws in connection with the resale or use of our products or the goods we sell.

VI. Liability

Unless otherwise specified in these terms and conditions, the customer’s claims for damages—including, in particular, those arising from a breach of a positive contractual obligation and from fault at the time of contract conclusion—are excluded to the extent permitted by law.

VII. Export

1. Goods delivered by us may be exported to countries outside the Common Market in an uninstalled state only with our written consent.

2. In the event of a violation, we shall be entitled not only to claim damages but also to cancel any pending orders.

VIII. Retention of Title

1. We reserve title to the delivered goods until all claims to which we are entitled and which may arise from the business relationship—regardless of their legal basis—have been settled in full.

2. The customer is entitled to process our products or combine them with other products within the scope of its

normal course of business. We shall acquire co-ownership of the items resulting from such processing or combination as security for our claims specified in Section 1, and the customer hereby transfers such co-ownership to us in advance. The customer shall store the items subject to our co-ownership free of charge. The extent of our co-ownership share is determined by the ratio of the value of our product to the value of the item created through processing or combination.

3. Resale in the ordinary course of business requires our written consent. If granted, this consent shall lapse in the event of a suspension of payments. The customer hereby assigns to us all claims to which it is entitled from the resale, together with ancillary rights. The assigned claims serve as security for all claims under Section 1. The customer is authorized to collect the assigned claim as long as we have not revoked this authorization. The authorization to collect the claim expires even without express revocation if the customer suspends payments. Upon our request, the customer must immediately notify us in writing of the party to whom the goods were sold and the claims to which the customer is entitled arising from the sale, and must issue us, at the customer’s expense, publicly certified documents evidencing the assignment of the claim.

4. The customer is not entitled to make any other dispositions regarding the items subject to our retention of title or co-ownership, or regarding the

claims assigned to us.

2. The customer must notify us immediately of any attachments or other legal encumbrances on the items belonging wholly or partly to us.

5. We are entitled at any time to demand the return of the goods belonging to us if the customer defaults on a payment or if the customer’s financial situation deteriorates significantly. If we exercise this right, then—notwithstanding other mandatory statutory provisions—the contract shall be deemed terminated only if we expressly declare so.

6. If the total value of the security interests we hold exceeds our claims by more than 20%, we will, at the customer’s request, release security interests of our choice to that extent.

7. If the retention of title under clauses 1 through 6 above are not enforceable in a foreign country, the customer is obligated to cooperate in all necessary measures, in particular to make all necessary declarations on their part, in order to provide us with security that is at least equivalent to the retention of title under clauses 1 through 6 above.

IX. Payments

1. Unless otherwise agreed, the purchaser shall pay us in euros (EUR) for our deliveries and services. Foreign currency amounts in the form of wire transfers, checks, bills of exchange, etc., shall be credited against the EUR proceeds we receive from the foreign currency amount.
2. Payments must be made in accordance with the agreed-upon terms of payment. In the absence of such agreements, payment is due no later than 30 days after delivery. For customers outside Germany, the opening of an irrevocable, confirmed, and divisible documentary letter of credit—depending on the delivery time—at least 90 days prior to the agreed delivery date and no later than 30 days after order confirmation, payable in EUR at a major bank in the Federal Republic of Germany, shall be deemed agreed upon.
3. Payments shall always be applied to the oldest due invoice

X. Liability for Rented Equipment

The lessee is liable in accordance with the general rules of liability if the lessee damages the equipment or commits any other breach of contract. In particular, the lessee must return the equipment in the same condition

as when they took possession of it. The lessee’s liability also extends to incidental costs of damage, such as expert fees, depreciation, loss of rental income, etc.

 

XI. Billing Rates, Expenses, Surcharges, etc.

1. Unless otherwise agreed in writing, our calculations and invoices are based on the following billing rates.

a) Software development: 125 EUR per hour

b) IT Consulting: 155 EUR per hour

c) Project management: 155 EUR per hour

One H (=work unit) corresponds to 60 minutes.

*

Daily flat rates / 8 hours

a) Software Development: 950 EUR  

b) IT Consulting: 1,100 EUR  

c) Project Management 1,100 EUR  

2. For travel by personal car, we charge EUR 0.72 per employee for each kilometer driven to and from the assignment location. For flights and train travel, we charge

the actual cost plus 60% of the rate specified in Section XI,1 per employee.

3. Expenses such as overnight stays, transportation to and from the hotel, etc., are generally borne by our clients and are billed based on actual costs.

4. Regular working hours are from 8:00 a.m. to 6:00 p.m. on weekdays. Services provided outside of regular working hours are subject to the following surcharges: on weekdays 25%, on weekdays after 10:00 p.m. 50%, on Saturdays 25%, and on Sundays and holidays 100%

XII. Place of Performance, Jurisdiction, Applicable Law

1. The place of performance and venue is Wiesbaden, Federal Republic of Germany.

2. We are also entitled to bring an action before a court having jurisdiction over the customer’s registered office or a branch office.

3. The law of the Federal Republic of Germany governs the supply of goods and services.

1. Scope of Application, Authority to Amend, Contractual Provisions, Change of Contracting Party

1.1 R&P shall provide all goods and services for R&P Hosting & Housing as well as for R&P CMS systems or programming exclusively on the basis of these Terms and Conditions.

1.2 R&P is entitled to amend the terms of this contract with the customer’s consent, provided that the amendment is reasonable for the customer, taking into account R&P’s interests. Consent to the contract amendment shall be deemed to have been granted unless the customer objects to the amendment within four weeks of receiving the notice of amendment. R&P undertakes to inform the customer, in the notice of amendment, of the consequences of failing to object.

1.3 We do not recognize any terms and conditions of the customer that deviate from these Terms and Conditions, in whole or in part, unless we have expressly agreed to them in writing. These Terms and Conditions shall apply exclusively even if we provide our services without reservation while being aware of conflicting terms and conditions of the customer.

1.4 These General Terms and Conditions also apply to future transactions between the parties.

1.5 The various top-level domains (“TLDs”) are administered by a wide range of different, mostly national organizations. Each of these domain-assigning organizations has established different terms and conditions for the registration and administration of top-level domains, the associated sub-level domains, and the procedures for resolving domain disputes. To the extent that top-level domains are the subject of this Agreement, the corresponding registration terms and conditions shall apply in addition. To the extent that .de domains are the subject of this Agreement, the DENIC Registration Guidelines and the DENIC Direct Price List shall apply in addition to the DENIC Registration Terms and Conditions

1.6 R&P may transfer its rights and obligations under this contract to one or more third parties (contract assignment). In the event of a contract assignment, the customer has the right to terminate the contract without notice.

2. Performance Obligations

2.1 R&P guarantees an average annual server uptime of 99%. This excludes periods during which the server is unavailable due to technical or other issues beyond R&P’s control (force majeure, fault of third parties, etc.). R&P may restrict access to the services if required to ensure the security of network operations, maintain network integrity, and, in particular, prevent serious disruptions to the network, the software, or stored data.

2.2 Only one R&P service plan may be used for each of the customer’s Internet domains.

2.3 Unless otherwise agreed, the plan includes a data transfer volume of one gigabyte per month. The data transfer volume used is calculated as the sum of all data transfers associated with the customer’s order (e.g., emails, downloads, uploads, websites). For the purpose of determining the data transfer volume, one gigabyte equals one thousand megabytes, one megabyte equals one thousand kilobytes, and one kilobyte equals one thousand bytes.

2.4 The customer selects a specific plan when placing the order. It is not possible to combine different promotional offers.

3. Domain Registration, Indemnification, Domain Disputes, Domain Buyback

3.1 In the procurement and/or maintenance of domains, R&P acts solely as an intermediary in the relationship between the customer and the respective domain registry. R&P has no influence over domain allocation. R&P makes no warranty that the domains applied for on behalf of the customer will be assigned at all and/or that assigned domains are free from third-party rights or will remain valid in the long term.

3.2 The customer warrants that the domain applied for by the customer does not infringe upon any third-party rights. The customer shall indemnify R&P, its employees, and agents, the respective domain registry, and any other persons involved in the registration process against any claims for damages by third parties as well as all expenses arising from the unauthorized use of an Internet domain by the customer or with the customer’s approval. the Customer shall indemnify R&P, its employees and agents, the respective domain registry, and any other persons involved in the registration process.

3.3 The customer is obligated to notify R&P immediately of any loss of their domain. If the customer intends to repurchase their domain from a third party, they are obligated to notify R&P immediately upon commencing negotiations with the third party, respond to inquiries from R&P regarding the status of negotiations with the third party, and grant R&P the priority right to repurchase the domain on behalf of the customer, if and to the extent that this does not unreasonably prejudice the customer’s interests.

4. License Agreements, Copyright

4.1 The customer receives from R&P a non-exclusive right to use the programs (license) for the term of the contract. If the customer is authorized by R&P to use multiple licenses of the program, the following terms of use apply to each of these licenses. The term “program” includes the original program, all reproductions (copies) thereof, and parts of the program, even if these are combined with other programs. A program consists of machine-readable instructions, audiovisual content, and the associated license materials. In all other respects, the license terms of the respective program manufacturers apply.

4.2 The customer agrees to ensure that anyone using this program complies with this license agreement. The customer may use the program on only one computer at a time. “Use” of the program occurs when the program is located in a computer’s main memory or on a storage medium. A program that is installed on a network server solely for the purpose of program distribution is not considered to be in use.

4.3 The license fees charged by R&P are based on the frequency of use (e.g., number of users), the resources (e.g., processor size), or a combination of both. If access to a program is controlled by a license management program, copies may be created and stored on all machines under the control of that license management program; however, usage must not exceed the total number of permitted users or resources. Some programs intended for use at home or while traveling may be stored on a primary computer and one additional computer; however, the program may not be actively used on both computers at the same time.

4.4 The customer may perform data backups in accordance with standard technical practices and create the necessary backup copies of the programs for this purpose. If the manual is available on a data carrier, it may be printed on paper. The customer may not alter or remove R&P’s copyright notices. The customer is not authorized to use, copy, edit, transfer, convert the program into another form of expression (reverse-assemble, reverse-compile), or translate it in any other way, unless such conversion is expressly required by law. The customer is not authorized to rent, lease, or grant sublicenses for the program.

4.5 To the extent that R&P has granted the customer a time-limited right to use the programs or promotional materials, or the right to use them terminates due to termination, the customer must return to R&P all data carriers containing programs, any copies thereof, as well as all written documentation and promotional materials, to R&P. The Customer shall delete all stored programs from its computer systems, unless it is legally obligated to retain them for a longer period. The Customer’s other ancillary contractual obligations toward R&P shall survive any termination or expiration of the contract.

4.6 For each instance of a breach of the obligations set forth in Sections 4.1 through 4.5, the customer agrees to pay R&P a contractual penalty in the amount of EUR 2,500.00.

5. Contract Offer, Conclusion of Contract, Termination of Contract

5.1 R&P is entitled to accept the Customer’s application to enter into the contract within 14 days of the Customer placing an order by telephone or sending the order.

5.2 The contract is not concluded until R&P countersigns the customer’s application or until the first act of performance is carried out.

5.3 The contract is concluded for an indefinite term. The contractual relationship may be terminated by either party without stating reasons, subject to a 3-month notice period. If a minimum term has been agreed upon with the customer, the contract is extended for an indefinite term upon expiration of the minimum term. This does not apply if a separate agreement to the contrary has been made with the customer. For contracts in which a minimum term applies to the customer, R&P is entitled to terminate the contract with 30 days’ notice to the end of the month.

5.4 R&P is entitled to release the customer’s domain upon termination of the contract. At the latest upon such release, all of the customer’s rights arising from the registration shall expire

5.5 If third parties assert claims against R&P for actual or alleged infringement of rights pursuant to Section 9.2, R&P is entitled to immediately transfer the customer’s domain to the registrar’s management and to block the customer’s corresponding website.

5.6 This does not affect the right of either party to terminate the contract without notice for good cause. In particular, good cause shall be deemed to exist for R&P if the customer is more than 20 calendar days in arrears with payment of fees or culpably violates any of the obligations set forth in Sections 4, 9.1, 9.2, 10.1, 10.4, or 10.8, fails to modify, within a reasonable period despite a warning, its websites and—if the R&P CMSystem is the subject of the contract— - fails to redesign the content of their online store so that it meets the requirements set forth in Section 10.5, or culpably violates the procurement conditions or procurement guidelines.

5.7 Any termination must be in writing to be effective; this requirement is also deemed satisfied by fax.

5.8 The subject matter of this contract is all domains requested by the customer, to the extent that they have been assigned to the customer. If individual domains within a plan are terminated by the customer or as a result of binding decisions in domain disputes, the customer has no right to request a replacement domain free of charge. No refund will be issued in the event of early termination, either for individual domains within a plan or for additional domains booked separately, unless the termination was caused by R&P. This also applies to other separable individual services within a plan or additionally booked options.

5.9 In the event that R&P is unable to maintain the registration of a customer’s sub-level domain in accordance with the provisions of the respective registry for certain top-level domains, R&P is entitled to terminate the contract with the customer regarding these services on an extraordinary basis with 14 days’ notice to the end of the month.

6. Prices and Payment

6.1 R&P is entitled to increase fees no more than once per quarter. The price increase does not require the customer’s consent. Consent is deemed to have been given unless the customer objects to the price increase within 4 weeks of receiving the notice of change. R&P undertakes to inform the customer of the consequences of failing to object in the notice of change. Prices are fixed. Unless the primary obligation—i.e., the obligation to pay the usage-independent base fee—is affected, R&P shall determine the fees at its reasonable discretion in accordance with the currently valid price list. In the event of default, R&P shall charge interest at a rate of ten percent per annum and shall be entitled to immediately suspend the customer’s websites, including those of the reseller’s customers. The statutory default interest rate shall in any case be the minimum interest rate.

6.2 The customer authorizes R&P to collect the payments due from the customer by debiting an account designated by the customer.

6.3 R&P is entitled to activate a domain only after payment of the fees agreed upon for registration.

6.4 The customer may only set off our claims against uncontested or legally enforceable claims.

7. Indemnification

R&P will defend the customer against all claims arising from an infringement of an industrial property right or copyright by R&P in the Federal Republic of Germany, and shall bear the costs and damages awarded against the Customer by a court, provided that the Customer has promptly notified R&P in writing of such claims and R&P reserves the right to take all technical and legal defensive measures and to conduct settlement negotiations. The foregoing obligations of R&P shall not apply if third-party claims are based on the fact that hardware or software has been modified or is being used in conjunction with hardware or software not supplied by R&P.

8. Liability

8.1 R&P shall be liable for damages only if R&P or one of its agents has breached a material contractual obligation (cardinal obligation) in a manner that jeopardizes the purpose of the contract, or if the damage is attributable to gross negligence or willful misconduct on the part of R&P or one of its agents. If the culpable breach of a material contractual obligation (cardinal obligation) is not due to gross negligence or willful misconduct, R&P’s liability is limited to the damages that were reasonably foreseeable to R&P at the time the contract was concluded.

8.2 R&P’s liability for warranted characteristics, for personal injury, and pursuant to mandatory statutory provisions remains unaffected.

8.3 Within the scope of application of the Telecommunications Customer Protection Ordinance (TKV), the liability provision of § 7(2) TKV remains unaffected in all cases.

9. Website Presence, Website Content

9.1 The customer is obligated to identify content posted on its website—and, if the R&P CMSystem is the subject of the contract, in its content offerings—as its own content, stating its full name and address. The customer is advised that a further statutory obligation to identify such content may apply, for example, if teleservices or media services are offered on the website. The customer shall indemnify R&P against all claims arising from a breach of the aforementioned obligations.

9.2 The Customer may not, through its website, the banners displayed there, the designation of its email address, and—provided that the R&P CMSystem is the subject of the contract— - the content of its website must not violate any legal prohibitions, public decency, or the rights of third parties (trademark, name, copyright, and data protection rights, etc.). In particular, the Customer undertakes not to offer or allow the offering of any pornographic content or any services intended for profit that involve pornographic and/or erotic content (e.g., nude images, peep shows, etc.). The customer may not register its website with search engines if, by using certain keywords during registration, the customer violates legal prohibitions, public decency, or the rights of third parties. For each instance of a breach of any of the above obligations, the Customer agrees to pay R&P a contractual penalty in the amount of EUR 5,000.00 (in words: five thousand euros), excluding the assumption of a continuing offense.

9.3 R&P is not obligated to review the Customer’s websites for potential legal violations. Upon discovering legal violations or content that is prohibited under Section 9.2 or 10.5, R&P is entitled to suspend the service plan. R&P will notify the Customer immediately of such a measure.

10. Customer’s Obligations

10.1 The customer warrants that the data provided to R&P is accurate and complete. The customer agrees to notify R&P immediately of any changes to the provided data and, upon request by R&P, to reconfirm the current accuracy of the data within 15 days of receipt of such request. This applies in particular to the customer’s name and mailing address; the name, mailing address, email address, and telephone and fax numbers of the technical contact for the domain; the name, mailing address, email address, and telephone and fax numbers of the administrative contact for the domain; and, if the customer provides its own name servers: additionally, the IP addresses of the primary and secondary name servers, including the names of these servers.

10.2 The customer must check their email inboxes for incoming messages at regular intervals of no more than four weeks. R&P reserves the right to return personal messages intended for the customer to the sender if the capacity limits specified in the respective service plans are exceeded. The retention period for emails is at least 80 days.

10.3 The customer agrees to keep passwords received from R&P for the purpose of accessing its services strictly confidential and to notify the provider immediately upon becoming aware that an unauthorized third party has obtained the password. If, due to the customer’s fault, third parties misuse the passwords to use R&P’s services, the customer shall be liable to R&P for usage fees and damages. The customer is advised that it is their responsibility to perform a data backup after every workday on which the data set has been modified by them or their agents or vicarious agents, to perform a data backup, whereby data stored on R&P’s servers may not be included in this backup. The customer must perform a complete data backup, in particular before R&P begins any work or before the installation of delivered hardware or software. Furthermore, the customer shall thoroughly test each program for defects and suitability for use in their specific situation before beginning operational use of the program. This also applies to programs received from R&P as part of warranty and maintenance services. The customer is expressly advised that even minor changes to the software may affect the operability of the entire system.

10.4 The customer agrees not to send or cause to be sent any emails containing advertising without the express consent of the respective recipient. This applies in particular if the emails in question are distributed in large quantities with identical content (so-called “spamming”). If the Customer violates the aforementioned obligation, R&P is entitled to suspend the service plan immediately.

10.5 The customer is obligated to design their website—and, if the R&P CMSystem is the subject of the contract, their online presence—in such a way as to prevent excessive strain on the server, e.g., through CGI scripts that require high computing power or consume an above-average amount of RAM. R&P is entitled to block access to pages that do not meet the above requirements, whether by the customer or by third parties. R&P will notify the customer immediately of any such measure.

10.6 R&P will provide additional data transfer volume within the limits of the data center’s technical capacity and taking into account its service obligations to other customers, for an additional fee whose amount is specified in the currently valid price list.

10.7 The Customer may specify in writing to R&P the maximum monthly limit for additional data transfer volume to be granted to the Customer. If such a limit is specified and this maximum is reached, additional data transfer will no longer be possible in that month.

10.8 The customer agrees not to operate any chat functions on the websites hosted by R&P, unless the customer’s plan includes a chat feature provided by R&P.

11. Data Protection

11.1 R&P collects, processes, and uses a user’s personal data without further consent only to the extent necessary for the establishment and fulfillment of the contract, as well as for billing purposes. Further information is available online under “Privacy Policy.”

11.2 R&P expressly informs the customer that, given the current state of technology, data protection for data transmissions over open networks, such as the Internet, cannot be fully guaranteed. The customer is aware that the provider may, from a technical standpoint, view the website content stored on the web server—and, under certain circumstances, other customer data stored there—at any time. Other Internet users may also be technically capable of unauthorized interference with network security and monitoring of data traffic. The customer is solely responsible for the security and protection of the data transmitted by him to the Internet and stored on web servers.

12. Final Provisions

12.1 The exclusive place of jurisdiction for all disputes arising from this contract is Wiesbaden if the customer is a merchant, a legal entity under public law, a special fund under public law, or has no place of jurisdiction within Germany. R&P is also entitled to sue the customer at the customer’s general place of jurisdiction. Contracts concluded by R&P on the basis of these General Terms and Conditions, as well as any claims of any kind arising therefrom, shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

12.2 Should any provisions of these General Terms and Conditions and/or the contract be or become invalid, this shall not affect the validity of the remaining provisions. Rather, any invalid provision shall be replaced by a substitute provision that corresponds to or at least approximates the purpose of the agreement, as the parties would have agreed upon to achieve the same economic result had they been aware of the invalidity of the provision. The same applies to omissions.