A. General - Scope of Application 
1. The following terms and conditions as well as any separate contractual agreements shall apply to all contracts concluded between the purchaser and AVW Systemtechnik GmbH concerning deliveries and services. Deviating purchasing conditions of the purchaser shall not become part of the contract - even by acceptance of the order. A contract shall be concluded - without special agreements - exclusively with the written order confirmation of AVW Systemtechnik GmbH. 2.

2. The contract language is German. Insofar as texts in other languages are used before, during or after the conclusion of the contract, they shall only serve to provide the purchaser with the best possible information. They do not constitute a basis for the contract and do not provide any connecting factor under international private law. Any errors due to texts written in another language shall be borne by the customer.

3. the written order confirmation is decisive for the scope of delivery. Individual agreements made with the Buyer in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these Terms and Conditions of Sale. A written contract or our written confirmation shall be authoritative for the content of such agreements.

4. All agreements between AVW Systemtechnik GmbH and the purchaser for the purpose of executing the contract shall be set down in writing. The contracting parties undertake to immediately confirm verbal agreements in detail in writing.

5. The terms and conditions of sale/delivery of AVW Systemtechnik GmbH shall only apply to entrepreneurs, legal entities under public law or special funds under public law in the sense of § 310 para. 1 BGB (German Civil Code). 

The statutory provisions shall apply unless they are directly amended or expressly excluded in these Terms and Conditions of Sale.

B. Offer and Conclusion of Contract, Copyrights of AVW Systemtechnik GmbH 
1. The information provided by AVW Systemtechnik GmbH in illustrations, descriptions, drawings, catalogs, brochures and advertisements shall be subject to change and non-binding, unless they are expressly designated as binding and are included in the contract as its content.

2. Orders placed by the purchaser shall be considered as a binding offer of contract and shall be deemed accepted with a written order confirmation by AVW Systemtechnik GmbH and/or by delivery of the goods to the purchaser. The order confirmation shall contain the final and comprehensive description of the services to be provided by AVW Systemtechnik GmbH, in particular it shall be the basis for the technical performance characteristics, technical and commercial details as well as the application and safety regulations.

The documents, drawings, specifications, materials, samples, tools, models, etc. handed over by the purchaser to AVW Systemtechnik GmbH before placing the order shall be the binding basis for the preparation of the offer. The orderer shall submit any subsequent changes in writing to AVW Systemtechnik GmbH at the time of placing the order.

The purchaser acknowledges the copyrightability of the products, samples, cost estimates as well as drawings, illustrative concepts, descriptions, construction drawings of a physical and non-physical nature - also in electronic form and the like of AVW Systemtechnik GmbH.

The provisions of the Copyright Act shall also apply if the required level of creation standardized in Section 69a (3) UrhG has not been reached. 

The aforementioned objects/works/intellectual creations may not be made accessible to third parties or only with the written consent of AVW Systemtechnik GmbH, irrespective of whether AVW Systemtechnik GmbH has marked them as confidential.

If an order is not placed by the purchaser, all documents of AVW Systemtechnik GmbH shall be returned immediately or destroyed.

AVW Systemtechnik GmbH undertakes to make information and documents designated as confidential by the purchaser available to third parties only with the purchaser's consent. 

C. Documents/Drawings/Samples/Prototypes
1. AVW Systemtechnik GmbH reserves the property rights and copyrights to documents such as drawings, specifications, materials, samples, tools, models, prototypes, etc. for its offers.

2. at the request of the purchaser, AVW Systemtechnik GmbH shall provide information and drawings that enable the purchaser to commission, use and maintain the delivered item. The contracting parties shall agree on the scope individually in writing.

3. AVW Systemtechnik GmbH shall not be obligated to procure workshop drawings for the delivered item or for spare parts unless otherwise expressly agreed in writing in the contract.

AVW Systemtechnik GmbH reserves the right to make energetic, design and other changes to technical data and performance characteristics, insofar as they serve technical and environmental progress.

4. Obvious errors, misprints, miscalculations, typographical errors and calculation errors shall not be binding on AVW Systemtechnik GmbH.

5. Documents provided by the buyer to AVW Systemtechnik GmbH shall remain its property. AVW Systemtechnik GmbH shall not be entitled to use them without the consent of the other party, except for the preparation of the offer, for the development, construction, assembly and commissioning of the subject matter of the contract.

D. Payments and terms of payment
1. The prices at the time of acceptance of the offer (written agreement between AVW Systemtechnik GmbH and the purchaser) shall apply. The statutory value added tax is not included in our prices; it will be shown separately in the invoice in the statutory amount on the day of invoicing. 

If the customer is located outside of the Federal Republic of Germany, AVW Systemtechnik GmbH is alternatively entitled to have the customer open an irrevocable, confirmed documentary letter of credit through the customer's bank in favor of AVW Systemtechnik GmbH. Internationality and first-class reputation of the purchaser's bank account are obligatory.

2. Unless otherwise stated in the order confirmation, our prices shall be "free destination".

3. If no separate payment agreement has been made, payments by the purchaser on the work to be produced are to be made as follows:

- 30% down payment immediately upon receipt of the invoice

- 60% as soon as the purchaser has been notified that the goods are ready for dispatch, or upon delivery, as the case may be

- 10% after assembly and commissioning, but no later than 30 days after delivery

Other invoices concerning services such as assembly, commissioning, maintenance work and freight are due and payable at the latest 14 days after the invoice date without deduction free AVW Systemtechnik GmbH's payment office.

A Cash discount requires a special written agreement between the contracting parties.

4. A payment shall only be deemed to have been made when AVW Systemtechnik GmbH can dispose of the amount.

5. After expiration of the respective deadlines the purchaser is in default even without a separate reminder. In this respect the legal regulations shall apply. Default interest in the amount of 8 percentage points above the respective base interest rate shall apply. The right to claim proven, higher interest damages and other damages caused by default shall remain unaffected. In case of overdue receivables (default in the sense of § 286 BGB) AVW Systemtechnik GmbH shall be entitled to set off payments against old debts first. The claim to the commercial due date interest (§353 HGB) against merchants remains unaffected. 6.

6. In the case of long-term payment agreements, the entire remaining amount shall become due for payment immediately if the customer is more than 10 days in arrears with two consecutive installments.

7. The purchaser has the right to withhold payments or to offset them against counterclaims arising from the disputed or other legal relationships only insofar as counterclaims are undisputed or have been legally established. In the event of defects in the delivery, the Buyer's counter rights under these Terms and Conditions of Sale shall remain unaffected. Without prior written consent by AVW Systemtechnik GmbH, the buyer shall not be entitled to assign his claims against AVW Systemtechnik GmbH in whole or in part or to dispose of them in any other way. Collection of partial amounts by third parties shall be excluded.

8. If after conclusion of the contract it becomes apparent that the claim to the purchase price is endangered by the buyer's lack of ability to pay (e.g. by filing for insolvency proceedings), AVW Systemtechnik GmbH shall be entitled to refuse performance in accordance with the statutory provisions and, if necessary after setting a deadline, to withdraw from the contract (§321 BGB). In the case of contracts for the production of unjustifiable items (custom-made products/prototypes), AVW Systemtechnik GmbH may declare its withdrawal immediately; the statutory regulations regarding the dispensability of setting a deadline shall remain unaffected.

E. Time of Delivery and Performance/Dates
1. Delivery dates and/or deadlines result from the concrete agreements of the contracting parties. The compliance with stated delivery dates requires the clarification of all commercial and technical questions/details and the dispatch of the order confirmation to the Purchaser. Likewise, the purchaser shall duly and timely fulfill and provide evidence of all obligations incumbent upon him, which are necessary for the performance of the service by AVW Systemtechnik GmbH - e.g. provision of the required official certificates or permits, other preparatory work or the payment of a deposit. If this is not the case, the delivery period shall be extended accordingly. A delivery period shall commence at the earliest upon conclusion of the contract. If subsequent amendments to the contract are agreed, a delivery date or delivery period shall be agreed again at the same time, if necessary. Likewise, the delivery periods shall be reasonably extended if non-compliance with the same is due to force majeure (war, natural disasters, etc.) or similar events (strike, etc.).

2. The delivery time shall be deemed to have been met if the delivery item has left the production facility of AVW Systemtechnik GmbH by the end of the delivery time or if the purchaser has been notified in writing that the delivery item is ready for dispatch. Insofar as an acceptance has to take place, the acceptance date shall be decisive - except in the case of justified refusal of acceptance - alternatively the notification of readiness for acceptance.

Compliance with the delivery period shall be subject to correct and timely delivery by our suppliers. AVW Systemtechnik GmbH shall inform the purchaser as soon as possible of any emerging delays.

4. If the shipment or the acceptance of the delivery item is delayed for reasons for which the purchaser is responsible, he shall be charged for the costs incurred by the delay, starting one month after notification of readiness for shipment or acceptance.

5. AVW Systemtechnik GmbH shall be liable to the purchaser in the event of a delay in delivery in accordance with the statutory provisions if this is based on an intentional or grossly negligent breach of contract for which AVW Systemtechnik GmbH is responsible, whereby fault on the part of representatives or vicarious agents shall be attributed to AVW Systemtechnik GmbH. The liability of AVW Systemtechnik GmbH is limited to the foreseeable, typically occurring damage if the delay in delivery is not due to an intentional breach of contract for which AVW Systemtechnik GmbH is responsible.

AVW Systemtechnik GmbH shall also be liable in accordance with the statutory provisions if the delay in delivery for which AVW Systemtechnik GmbH is responsible is based on the culpable breach of a material contractual obligation; in this case, however, the liability for damages shall be limited to the foreseeable, typically occurring damage. 6.

6. The assertion of a contractual penalty is excluded in case of delay in delivery. If AVW Systemtechnik GmbH is in default, the customer may demand a lump-sum compensation. This requires a written agreement of the contracting parties. It shall amount to a maximum of 0.5 % for each full week of delay, but in total not more than 5 % of the delivery value, for that part of the deliveries which could not be put into useful operation due to the delay for which AVW Systemtechnik GmbH is responsible. The right of AVW Systemtechnik GmbH to claim that the customer has suffered less or no damage shall remain unaffected.

7. Any further liability for a delay in delivery for which AVW Systemtechnik GmbH is responsible is excluded. The purchaser's further legal claims and rights to which he is entitled in addition to the claim for damages due to a delay in delivery for which AVW Systemtechnik GmbH is responsible shall remain unaffected. Further legal claims and rights of the purchaser due to a delay in delivery, e.g. withdrawal after unsuccessful setting of a grace period with threat of rejection, shall remain unaffected.

The purchaser is obliged to declare upon request within a reasonable period of time whether he will withdraw from the contract due to the delay in delivery or whether he will insist on delivery. The claim for performance shall be excluded in cases of unsuccessful expiry of the grace period with threat of refusal.  

8. In principle, all deliveries/services of AVW Systemtechnik GmbH shall be "ex works" (EXW) according to INCOTERMS 2010, unless otherwise agreed in writing.  If AVW Systemtechnik GmbH is obligated to provide the delivery/service other than "ex works", the customer shall be obligated to perform necessary preparatory work and preparations in a timely manner to ensure the agreed type of shipment.

F. Place of Performance, Transfer of Risk, Shipping/Packaging, Acceptance
1. Unless otherwise stated in the order confirmation, delivery - even if carriage paid - is agreed to be "ex works". The risk shall pass to the Purchaser when the delivery item or, in the case of partial deliveries, parts of the delivery item have left the works. The place of performance for services and deliveries of AVW Systemtechnik GmbH shall be Sägewerkstraße 1, D-83416 Saaldorf/Surheim, unless otherwise expressly agreed in writing.

Irrespective of Clause 1, the latest point in time of the passing of risk in the case of delivery with assembly shall be the day of delivery to the Purchaser's premises. If acceptance is to take place, this shall be decisive for the transfer of risk. It must be carried out immediately on the acceptance date, alternatively after AVW Systemtechnik GmbH's notification of readiness for acceptance. The purchaser may not refuse acceptance due to a non-substantial defect. Acceptance shall be deemed to have taken place at the latest when the Buyer has put the delivery item into operation. 3.

3. At the request of the purchaser AVW Systemtechnik GmbH shall insure the delivery by transport insurance. The costs incurred in this respect shall be borne by the purchaser. The order to take out a transport insurance must be submitted to AVW Systemtechnik GmbH in writing.

In all other cases the shipment will be made uninsured at the risk of the purchaser. AVW Systemtechnik GmbH shall make every effort to take into account the wishes and interests of the purchaser with regard to the type and route of shipment; any additional costs resulting from this - even in the case of an agreed freight-free delivery - shall be borne by the purchaser. Transport damages or loss of delivery items must be recorded immediately after receipt of the shipment, noted in the freight documents and reported to AVW Systemtechnik GmbH in writing.

5. AVW Systemtechnik GmbH shall not take back transport packaging and all other packaging in accordance with the packaging regulations. The purchaser has to take care of the disposal of the packaging at his own expense. Separate agreements may be made regarding the return of transport and other packaging.

6. If the dispatch, the delivery, the start, the execution of the installation or assembly are delayed at the request or through the fault of the purchaser, the risk shall pass to the purchaser. AVW Systemtechnik GmbH shall store the goods at the expense and risk of the purchaser. In this case, the notification of readiness for shipment shall be equivalent to shipment.

If the purchaser is in default of acceptance or culpably violates other duties to cooperate, AVW Systemtechnik GmbH shall be entitled to demand compensation for the resulting damage and any additional expenses. Further claims remain reserved. The risk of accidental deterioration and accidental loss shall pass to the purchaser upon the occurrence of default in acceptance or debtor's delay.

8. AVW Systemtechnik GmbH shall be entitled to make partial deliveries as far as they are desired by the purchaser or are reasonable for the purchaser. In particular, AVW Systemtechnik GmbH shall be entitled to make partial deliveries if the complete delivery of the order is delayed due to the fact that technical information requested by AVW Systemtechnik GmbH has not been provided in time.

9. Subsequent orders shall be delivered and invoiced separately. Repeat orders do not prevent the transfer of risk of (partial) deliveries already made. 

G. Retention of Title 
1. AVW Systemtechnik GmbH shall retain title to the delivery item until receipt of all payments - also for any additional and future ancillary services owed - arising from the contract. In case of breach of contract by the purchaser, especially in case of default of payment, AVW Systemtechnik GmbH shall be entitled to take back the goods subject to retention of title after having set a reasonable period of time. In this case, the purchaser shall be obligated to surrender the goods, even without AVW Systemtechnik GmbH having withdrawn from the contract.

2. The purchaser shall handle the reserved goods with care. AVW Systemtechnik GmbH shall be entitled to insure the goods subject to retention of title adequately at replacement value against fire, water and theft damage at the expense of the purchaser, unless the purchaser has demonstrably taken out a corresponding insurance policy himself. Maintenance and inspection work that becomes necessary shall be carried out by the Purchaser in good time at its own expense.

3. During the existence of the reservation of title, the purchaser is prohibited from pledging or transferring the goods by way of security; the purchaser is only entitled to sell and/or use the reserved goods properly in the course of business as long as he is not in default of payment. The claims arising from the resale or any other legal reason (insurance, tort) with regard to the reserved goods (including all balance claims from current account) shall be assigned by the purchaser in full to AVW Systemtechnik GmbH already now by way of security; AVW Systemtechnik GmbH hereby accepts the assignment. In all other respects, resale shall only be permitted on condition that the purchaser receives payment from his customers or makes the reservation that ownership shall not pass to the customer until he has fulfilled his payment obligations.

4. Any processing or transformation of the reserved goods by the customer shall in any case be carried out for AVW Systemtechnik GmbH. If the goods subject to retention of title are processed with other items not belonging to AVW Systemtechnik GmbH, AVW Systemtechnik GmbH shall acquire co-ownership of the new item in the ratio of the value of the goods subject to retention of title (final invoice amount including VAT) to the other processed items at the time of processing. The same shall apply to the new item created by processing as to the goods subject to retention of title. In case of inseparable mixing of the reserved goods with other items not belonging to AVW Systemtechnik GmbH, AVW Systemtechnik GmbH shall acquire co-ownership of the new item in the ratio of the value of the reserved goods (final invoice amount including VAT) to the other mixed items at the time of mixing. If the purchaser's item is to be regarded as the main item as a result of the mixing, the purchaser and AVW Systemtechnik GmbH agree that the purchaser shall transfer co-ownership of this item to AVW Systemtechnik GmbH on a pro rata basis; AVW Systemtechnik GmbH hereby accepts the transfer. The sole or co-ownership of AVW Systemtechnik GmbH in an item thus created shall be kept by the purchaser for AVW Systemtechnik GmbH .

In the event of third party access to the goods subject to retention of title, in particular seizure, the purchaser shall point out the ownership of AVW Systemtechnik GmbH and notify AVW Systemtechnik GmbH immediately so that AVW Systemtechnik GmbH can enforce its ownership rights. If the third party is not in a position to reimburse AVW Systemtechnik GmbH for the judicial or extrajudicial costs incurred in this connection, the purchaser shall be liable for these costs.

6. AVW Systemtechnik GmbH shall have a special right of termination/rescission in the event and at the time of an application for opening of insolvency proceedings by the orderer. 

H. Warranty/ Defects in Quality and Title, Liability and Limitation of Liability 
1. Claims for defects on the part of the Purchaser shall only exist if the Purchaser has duly complied with its obligations to inspect the goods and to give notice of defects pursuant to Section 377 of the German Commercial Code (HGB). Notification of defects must be made in writing without delay. 2.

The purchaser may, at his discretion, demand the removal of the defect or the delivery of a defect-free item (§ 439 para. 1 BGB). AVW Systemtechnik GmbH may refuse the type of supplementary performance chosen by the purchaser if it involves disproportionate costs for AVW Systemtechnik GmbH. In this case, the purchaser's claim shall be limited to the other type of subsequent performance (§ 439 para. 3 BGB). Replaced parts shall become the property of AVW Systemtechnik GmbH. The rights of the purchaser to withdraw from the contract or to reduce the purchase price are excluded.

The purchaser's claim for subsequent performance shall only include the provision of the originally owed service; AVW Systemtechnik GmbH shall only bear necessary expenses insofar as these are not unreasonably increased because the subject matter of the contract is located at a place other than the place of performance. The place of subsequent performance shall be the place where AVW Systemtechnik GmbH has its general place of business at the time when the obligation arises.

AVW Systemtechnik GmbH shall bear the costs of dismantling and installation only insofar as these are not disproportionate. 

3. The orderer shall grant AVW Systemtechnik GmbH a reasonable period of time for subsequent performance, otherwise AVW Systemtechnik GmbH shall be released from liability and for the resulting consequences. Only in urgent cases of danger to operational safety or to prevent disproportionately high damage shall the purchaser be entitled to remedy the defect himself or to have it remedied by third parties and to demand reimbursement of the necessary expenses from AVW Systemtechnik GmbH; in this case AVW Systemtechnik GmbH shall be informed immediately. If subsequent performance has finally failed or if AVW Systemtechnik GmbH - taking into account the statutory exceptions - allows a reasonable deadline set for it for subsequent improvement or replacement delivery due to a significant defect to expire fruitlessly, the purchaser may choose between withdrawal from the contract and reduction of the contract price. In the event of an insignificant defect, the customer shall only be entitled to a reduction of the contract price. Claims for damages under the following conditions due to a defect can only be asserted by the purchaser if the subsequent performance has failed. The right of the Purchaser to assert further claims for damages under the following conditions shall remain unaffected. 4.

The right of the purchaser to assert further claims for damages due to a material defect shall be excluded unless AVW Systemtechnik GmbH has fraudulently concealed the defect or has failed to comply with a quality guarantee. A change of the burden of proof to the disadvantage of the purchaser is not connected to the present regulation.

5. Irrespective of the above limitations of liability, AVW Systemtechnik GmbH shall only be liable for damages which have not occurred to the delivery item in case of intent, gross negligence of the executive bodies or executive employees, in case of culpable injury to life, body and health, and insofar as liability is assumed under the Product Liability Act for personal injury or property damage to privately used objects. In case of culpable violation of essential contractual obligations, AVW Systemtechnik GmbH shall also be liable in case of gross negligence of non-executive employees and in case of slight negligence, in this case, however, limited to the reasonably foreseeable damage typical for the contract.

6. AVW Systemtechnik GmbH shall not be liable in the event of unsuitable or improper use, faulty assembly or commissioning, natural wear and tear, faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work, unsuitable building ground, chemical, electrochemical or electrical influences - unless AVW Systemtechnik GmbH is responsible for them.

7. If the purchaser or a third party carries out improper repairs, AVW Systemtechnik GmbH shall not be liable for the resulting consequences. The same shall apply to any changes made to the delivery item without the prior consent of AVW Systemtechnik GmbH.

8. Unless otherwise stipulated above, any further liability shall be excluded irrespective of the legal nature of the asserted claim; this shall apply in particular to claims for damages arising from culpa in contrahendo or tortious claims for compensation of property damage or claims for compensation of futile expenses instead of performance.

9. The above provisions shall apply equally to defects of title. 

I. Impossibility 
1. The purchaser shall be entitled to withdraw from the contract without setting a deadline if the entire performance becomes finally impossible for AVW Systemtechnik GmbH prior to the passing of risk, or if the performance of a part of the delivery becomes impossible in case of an order and there is a justified interest in refusing the partial delivery. 

2. If the economic significance or the content of the delivery of AVW Systemtechnik GmbH is significantly changed by unforeseeable events (war, riot, strike, etc.), or if the operation of AVW Systemtechnik GmbH experiences a significant impact as a result, the contract shall be adjusted in good faith. If the adjustment of the contract is not economically justifiable, AVW Systemtechnik GmbH shall have the right to withdraw from the contract; in this case, AVW Systemtechnik GmbH shall immediately notify the purchaser of its wish to withdraw. 

J. Statute of Limitations
1. The period of limitation for claims for defects shall be 12 months calculated from the passing of risk, at the latest from the legal beginning of the period of limitation.

2. The statutory limitation provisions shall apply to damages that have not occurred to the delivery item itself, insofar as AVW Systemtechnik GmbH can be accused of intent, gross negligence (including that of its organs or executive employees), culpable injury to body, life, health, or fraudulent concealment, or insofar as, in the case of defects in the delivery item, liability is assumed under the Product Liability Act for personal injury or property damage to privately used objects. 

K. Industrial property rights and copyrights
1 AVW Systemtechnik GmbH shall be obligated - subject to any agreements to the contrary - to provide the service in Germany free of industrial property rights and copyrights of third parties. If work results are copyrightable, AVW Systemtechnik GmbH shall remain the copyright holder.

2. If third parties make justified claims against the purchaser due to infringement of industrial property rights, AVW Systemtechnik GmbH shall be liable within the time limit according to J. as follows:

AVW Systemtechnik GmbH shall, at its option and expense, either obtain the right of use for the delivery in question or modify or replace it so that rights of use are not infringed.

The compensation of the purchaser shall be governed by H. conclusively.

3. The above obligations shall only affect AVW Systemtechnik GmbH if the orderer immediately notifies AVW Systemtechnik GmbH of the claim by third parties, does not acknowledge the infringement against the third party and AVW Systemtechnik GmbH reserves the right to take all defensive and other measures.

4. If the claims of third parties are based on an infringement of property rights by the purchaser, claims against AVW Systemtechnik GmbH shall be excluded. The same shall apply if the infringement of property rights occurs due to the requirements of the purchaser or due to an application, modification or similar on the part of the purchaser not foreseeable by AVW Systemtechnik GmbH.

5. Further claims of the purchaser against AVW Systemtechnik GmbH due to the violation of property rights and copyrights are excluded. 

L. Duration of Contract and Termination
1. Continuing obligations shall commence with the signing of the contract or at the point in time specified in the respective contract as the beginning of the continuing obligation and shall be valid for a period of one year, unless otherwise agreed.

2. The continuing obligation shall be extended by a further year in each case unless one party gives written notice of termination two months before the expiry of the term of the contract.

3. The right to extraordinary termination for good cause shall remain unaffected. Good cause shall be deemed to exist in particular in the event of an application for the opening of insolvency proceedings against the Purchaser's assets, the Purchaser's default in payment of more than one month and the infringement of property rights and/or copyrights as well as the infringement of confidentiality obligations by the Purchaser. 

 M. Place of performance, place of jurisdiction, contractual language, applicable law
1. The place of performance and jurisdiction for deliveries and payments (including actions on checks and bills of exchange) as well as all disputes arising between AVW Systemtechnik GmbH and the Buyer from the contracts concluded between AVW Systemtechnik GmbH and the Buyer shall be the registered office of AVW Systemtechnik GmbH (Saaldorf/Surheim). However, AVW Systemtechnik GmbH shall also be entitled to sue the purchaser at his place of residence and/or business.

2. The relations between the contracting parties shall be governed exclusively by the law applicable in the Federal Republic of Germany. The contracting parties agree on the application of German law with the express exclusion of the UN Convention on Contracts for the International Sale of Goods (CSIG).

In addition, any individual agreements and the statutory provisions of the Federal Republic of Germany shall apply, whereby the individual agreements shall take precedence over the General Terms and Conditions of Business and the latter shall take precedence over the statutory provisions of the Federal Republic of Germany.

4. The language of the contract and correspondence is German. In case of translation or interpretation disputes of the contracts and correspondence, only the German versions of the documents and contracts shall be authoritative.

N. Binding nature of the contract
The contract shall remain binding in its remaining parts even if individual provisions are legally invalid. This shall not apply if adherence to the contract would represent an unreasonable hardship for the party.

O. Secrecy
Buyer shall be obliged to treat all information, know-how and other business secrets obtained from or through AVW Systemtechnik GmbH as strictly confidential and not to disclose, reproduce or otherwise make available to third parties any information, documents/documentation, program descriptions, drawings, sketches or other documents without the express written consent of AVW Systemtechnik GmbH, and to impose these obligations in full on employees, staff, assistants, commissioned persons or companies affiliated in any way whatsoever.