General terms and conditions
General terms and conditions
of Merchancy GmbH & Co. KG
VAT ID.No.:
GmbH: DE253862554
KG: DE253862562
(Status: April 2007)
§ 1 - General
The following general terms and conditions are valid for all conclusion of contracts by Merchancy GmbH & Co. KG independent, if the contract partner is end-user or entrepreneur.
General terms and conditions of the contract partner are only valid, when Merchancy GmbH & Co. KG accepts explicitly and in writing on the whole or in partly listed points.
§ 2 – Conclusion of contract
Conclusion of contracts require to be written down to be valid. Verbally closured contracts gain validity when those are confirmed in writing by Merchancy GmbH & Co. KG.
Additional agreements before, at or after conclusion of a contract require confirmation in writing for validation. This is also valid when waiving the requirement of writing.
§ 3 – Conditions of payment
Payments by Merchancy GmbH & Co. KG are always to settle 30 days after receiving a verifiable invoice of the contract partner.
§ 4 - Legal obligation to insure
The contract partner has to bring an adequate insurance coverage in case not being able to accomplish the agreed service or contract performance at an event organized by Merchancy GmbH & Co. KG at conclusion of the contract in case of not supplied or badly executed services to be rendered the event cannot or only partly be accomplished.
The insurance has to cover those damages payable by the contract partner which are due because of a not or only partly accomplished event. The amount insured is to be defined upon coordination with Merchancy GmbH & Co. KG
§ 5 – Contractual exclusion of set-off
A contractual exclusion of set-off with claims of Merchancy GmbH & Co. KG is only valid with indisputable or legally binding allowances.
§ 6 - Liability
The Merchancy GmbH & Co. KG is liable in cases of malicious intent or gross negligence according to legal requirements. In general Merchancy GmbH & Co. KG is only liable according to the product liability act, for damaging of life, body or health or because of culpably damage of essential duties of the contract. However the claim for damage is limited to contract coherent, foreseeable damages. The regulations of sentence 3 of this paragraph 2 are not valid in cases of malicious intent or gross negligence or if the liability is in use for damaging of life, body or health.
§ 7 – Final clause
If an individual provision of the terms and conditions above proves to be entirely or partially ineffective, this will not affect the validity of the remaining provisions. On the contrary, the invalid provision is to be replaced by a valid provision which most closely approximates the commercial purpose and intent of the invalid provision. The same applies, if a loophole in executing is getting obvious.
German law shall apply to all disputes of this contractual relationship. UN convention on contracts for the international sale of goods is not applicable.
In case the customer is entrepreneur the place of jurisdiction is exclusively Berlin.
Translation of the original German text. For any and all legal claims, the original German text is legally binding.
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