1. Area of application
Our General Terms and Conditions shall apply to all orders and contracts unless anything else is expressly agreed.
Our General Terms and Conditions shall exclusively apply. Any deviating, opposing or supplementary General Terms and Conditions of the customer shall only become an integral part of a contract if and to the extent that we expressly approve them in writing.
The written form shall be applicable between the parties to the contract.
Offers of FAKON Wind GmbH shall be without engagement and unbinding unless they are expressly referred to as being binding.
3. Claims for indemnification
Any claims for indemnification and reimbursement of expenses of the customer (hereinafter referred to as “claims for indemnification”) for any legal reason whatsoever, in particular for violations of obligations from the obligatory relations and for unauthorised measures shall be excluded.
This shall not apply to damages from injuries to life, body and health resulting from any intentional or grossly negligent violation of obligations by FAKON Wind GmbH or any intentional or grossly negligent violation of obligations by a legal representative or agent of FAKON Wind GmbH. This shall not apply to any other damages based on any intentional or grossly negligent violation of obligations by FAKON Wind GmbH or any intentional or grossly negligent violation of obligations by a legal representative or agent, either. No modification of the burden of proof of the customer shall be related to the above regulations.
Any claims for direct damages such as loss of production, lost profit or lost benefits of use (e.g. due to standstill, underperformance, insufficient quality), downtimes, insufficient profitability or immaterial damages shall be excluded unless such claims are based on an intentional violation of obligations by FAKON Wind GmbH or an intentional violation of obligations by a legal representative or agent of FAKON Wind GmbH. If the customer requests that FAKON Wind GmbH is liable for such claims due to a grossly negligent violation of obligations, FAKON Wind GmbH may conclude a third party insurance for individual cases in this regard. Any costs incurred in this connection shall be borne by the customer. Such an expansion of liability shall be separately agreed in writing.
4. Place of jurisdiction and applicable law
The exclusive place of jurisdiction for any litigations that directly or indirectly result from the contractual relation shall be the district court of Emden/regional court of Aurich, Germany.
The legal relations in connection with this contract shall be subject to German substantive law upon exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
5. Severability clause
If individual provisions of these General Terms and Conditions are ineffective or unenforceable, this shall not affect the effectiveness of the remaining provisions. In such case, instead of the ineffective or unenforceable provisions, provisions which come closest to the purpose of the ineffective or unenforceable provisions shall be applicable.