1. Validity of our General Terms and Conditions
1.1. These terms and conditions of delivery apply to all transactions with persons who, at the time of conclusion of the contract, are acting in the exercise of their commercial or independent professional activity (entrepreneurs) as well as to transactions with legal entities under public law or special funds under public law.
1.2. Our terms and conditions of sale and delivery apply exclusively; they also apply to future transactions with the contractual partner. Any terms and conditions of the contractual partner that deviate from our terms and conditions of sale and delivery shall not apply, even if we do not expressly object to them. We have the right to withdraw from the contract if the contractual partner objects to the validity of our terms and conditions of sale and delivery.
2. Conclusion of Contract/Written Form
2.1. The contractual partner's order constitutes a binding offer. We may accept this offer at our discretion within 10 days by sending a written order confirmation or by sending the ordered goods to the contractual partner within this period.
2.2. Our offers are subject to change and merely represent an invitation to the contractual partner to place an order. We also reserve the right to make reasonable technical changes to the service description and changes to the shape, colour and/or weight.
2.3. The written form stipulated in these General Terms and Conditions shall always be deemed to have been complied with if the required declaration is made in a text form in accordance with Section 126b of the German Civil Code (BGB) (e.g. by fax or email).
3. Prices, packaging
3.1. Our prices are net prices. The applicable statutory value added tax will be charged separately. Prices are valid only for the respective order and are not binding for repeat orders.
3.2. For goods valued at less than €800.00, packaging and freight costs will be charged additionally. For goods valued at more than €800.00 net, delivery within Germany is free of charge, unless the delivery location is on an island. In this case, delivery will be made to the nearest port or railway station on the mainland. Delivery is free to the truck edge. The delivery of rainwater collection tanks, boilers, buffer storage tanks and filter gravel is always subject to freight charges depending on the cost, even if the freight-free limit has been reached.
3.3. Rental pallets remain our property and must be returned in perfect condition with the next delivery at your own expense. The return of equivalent and similar pallets is permitted. If the return does not take place within one month of delivery, we will charge the cost price.
3.4. We do not accept returns of disposable packaging, which must be disposed of by the customer at their own expense.
4. Payment/Discount/Late payment
4.1. Our invoices are payable without deduction within thirty days of receipt of delivery. After this period, the contractual partner shall be in default of payment without a reminder being required. We grant a 2% discount for payments made within ten days.
Bills of exchange are not accepted as a means of payment. When a cheque is presented, the costs and expenses shall be borne by the contracting party.
All payments must be made in EUR. Any foreign bank charges shall be borne by the contracting party.
4.2. If the contractual partner defaults on payment, we shall be entitled to charge default interest for the year at the statutory rate of eight percentage points above the respective base rate. We reserve the right to prove and assert higher damages caused by default, unless the contractual partner proves that they are not responsible for the delay in payment.
4.3. If the contractual partner defaults on a payment, all other claims shall become due immediately, unless the contractual partner can prove that it is not responsible for the delay in payment.
4.4. If the contractual partner is obliged to make payment on the basis of several deliveries, payments shall be credited as follows: First, payment shall be made against the debt due; in the case of several debts due, payment shall be made against the debt which offers us the least security. Any payment that is insufficient to settle the entire debt shall first be credited against the costs, then against the interest and finally against the principal amount. Any deviating repayment provision agreed by the contractual partner shall be invalid.
5. Offsetting/Rights of retention
5.1. The contractual partner shall only be entitled to offset its own claims if its counterclaims have been legally established, are undisputed or have been recognised by us.
5.2. The contractual partner shall only be entitled to a right of retention with regard to claims that have been legally established, are undisputed or have been recognised by us. In the event of defects in parts of the delivery or service, the contractual partner may only withhold payment of the remuneration to the extent corresponding to the value of the defective delivery or service. We are entitled to avert the right of retention – including the defence of non-performance of the contract – by providing security, which may also be in the form of a bank guarantee. The security shall be deemed to have been provided at the latest when the contractual partner is in default of acceptance of the security.
6. Right to refuse performance in the event of deterioration of financial circumstances
6.1. If, after conclusion of the contract, it becomes apparent that our claim to payment of the purchase price is at risk due to the contractual partner's inability to perform, we shall be entitled to assert a right to refuse performance with regard to the delivery of the goods and to demand advance payment. This applies in particular if insolvency proceedings are opened against the contractual partner's assets, if the contractual partner defaults on the payment of due claims from other contractual relationships, if cheques issued are not paid or if the limit set by a credit insurer is exceeded or would be exceeded by the intended delivery.
6.2. The right to refuse performance shall lapse if the contractual partner makes the payment or provides sufficient security for this by means of a bank guarantee.
6.3. We may set the contractual partner a reasonable deadline for payment or provision of security, which should not exceed ten days. If this deadline expires without success, we shall be entitled to withdraw from the contract and claim damages.
7. Delivery, transfer of risk, delay in delivery
7.1. The delivery date is specified in our order confirmation. Otherwise, delivery and service deadlines and delivery and service dates are only binding if we have confirmed them in writing. The delivery period shall be extended appropriately if the contractual partner fails to provide documents required for order processing in good time. Compliance with the delivery time is subject to correct and timely delivery to us. We shall notify you of any foreseeable delays as soon as possible.
7.2. The place of performance and fulfilment is Bad Wünnenberg, even in the case of free delivery. The delivery deadline is deemed to have been met if the goods leave our premises on the delivery date, we notify the contractual partner that the goods are ready for dispatch within the deadline or agree a delivery or service date with the contractual partner.
7.3. We may make appropriate and reasonable partial deliveries and invoice them separately, unless the contracting party has a demonstrable interest in receiving the entire delivery.
7.4. The risk of accidental loss and accidental deterioration shall pass to the contractual partner upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, or, in the case of transport by our own employees, upon handover to them and departure from our premises. This shall also apply if, in exceptional cases, we bear the packaging costs. If shipment is delayed for reasons for which we are not responsible, the transfer of risk shall take place upon notification of readiness for shipment.
7.5. If delivery is delayed due to events that are unavoidable for us and could not be foreseen at the time of conclusion of the contract (e.g. force majeure, insufficient supply of raw materials, consumables or energy, other operational disruptions, inability to procure means of transport, labour disputes, official interventions, etc.), the delivery period shall be extended by the duration of the hindrance to performance, up to a maximum of two months plus a reasonable start-up period of at least one week from the removal of the hindrance to performance. If delivery becomes impossible for the reasons stated, we shall be released from our delivery obligation.
We shall immediately inform the contractual partner of any foreseeable extension of the delivery period or of the final impossibility of performance and, in the event of impossibility, shall reimburse any consideration already received.
7.6. We shall only be in default if the contractual partner has first set us a reasonable deadline of at least 14 days in writing for performance, unless we have previously seriously and definitively refused performance. The requirement to set a deadline also applies in the case of calendar-based determination of the performance period in accordance with Section 286 (2) Nos. 1 and 2 of the German Civil Code (BGB). Only after this grace period has expired without success is the contractual partner entitled to assert further claims.
7.7. Claims for damages by the contractual partner due to delay in performance and claims for damages in lieu of performance shall be limited to the value of the total delivery. This shall not apply if we or our vicarious agents are guilty of intent or gross negligence or in the event of injury to life, limb or health. The provisions of this paragraph do not imply a change in the burden of proof to the detriment of the contractual partner.
7.8. If delivery is delayed at the instigation of our contractual partner or for reasons for which they are responsible, we shall be entitled to charge a storage fee of 0.5% of the gross value of the goods for each month or part thereof, unless we can prove that the damage incurred was less than this amount. In this case, the risk shall pass to the contractual partner on the day the goods are made available and a corresponding shipping notice is sent to the contractual partner.
7.9. If the customer defaults on acceptance or violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us, including any additional expenses.
7.10. If it has been agreed that the customer will collect the goods themselves or have them collected, but collection does not take place within two weeks of notification of completion of production, we shall be entitled to deliver the goods at the customer's expense and the customer shall be obliged to accept the goods delivered by us. The customer shall be in default of acceptance at the latest if they do not accept the delivered goods.
8. Condition of the purchased item
8.1. The sending of sample material does not constitute a guarantee of the properties of the sample, taking into account production-related and material-related deviations during manufacture.
8.2. Cast iron hand pumps and other cast iron products may show slight variations in colour, shape and weight. Minor variations are due to the production process and do not constitute a defect in the product. Casting defects, colour defects and possibly minor rust spots cannot be ruled out in these products and do not constitute grounds for complaint. These items are only coated with a base coat of paint. They are not lacquered. If installed outdoors, the paint may need to be reapplied.
8.3. The mechanical seal in centrifugal pumps is a wearing part and has a service life of approximately 5,000 operating hours when handled properly. If the water contains sand, the service life is reduced considerably. To achieve a service life of 5,000 operating hours, it is therefore necessary to ensure that the water is free of sand.
8.4. Advertising by the manufacturers of the products or individual product components does not constitute a contractual description of quality.
8.5. When delivering mass-produced series items, standard deviations from drawings, dimensions and weights are permissible. We reserve the right to deliver up to 10% more or less than the ordered quantity due to production-related factors.
8.6. We are entitled to make adjustments or changes during the manufacturing process and when using materials or machines, or to replace supplier products without the need for new sampling, provided that this does not adversely affect the contractually agreed procurement characteristics.
9. Liability for material defects
Our liability for material defects is governed by the following provisions, subject to the special provisions in Section 10 of these Terms and Conditions of Sale and Delivery.
9.1. Obvious defects or other complaints regarding the delivery item – including the absence of guaranteed and warranted characteristics – must be reported in writing within one week of the date of delivery at the latest. Hidden defects must be reported in writing by the contractual partner no later than one week after their discovery. The contractual partner is obliged to provide us with a detailed written description of the defects reported. If the complaint is not made or is made late, the contractual partner loses their claims for any defects in the purchased item. Any processing of a possible notification of defects by us, in particular the inspection of the goods after they have been returned by the contractual partner, does not in any way constitute a waiver of the contractual partner's obligation to give notice of defects.
9.2. We accept no liability for commercially acceptable or minor or technically unavoidable deviations in quality, delivery rate, delivery head, surface finish, colour, dimensions, weight or equipment. Verbal and written advice on application technology – even if provided by our suppliers – does not release the buyer from their obligation to inspect the delivered goods for the intended purpose.
9.3. Once processing of the goods has commenced, any complaints regarding obvious defects shall be excluded.
9.4. The contracting party is obliged to accept the delivery even if the goods have only minor defects.
9.5. If the contractual partner refers to a public statement, particularly in advertising, as justification for a defect they have complained about, they are responsible for proving that the public statement was the reason for the purchase decision.
9.6. In the event of a defect, we shall initially be entitled, at our discretion, to remedy the defect or to deliver a defect-free item (subsequent performance, Section 439 (1) BGB). In the event of subsequent performance, we shall be obliged to bear all expenses necessary for the purpose of subsequent performance, in particular transport, travel, labour and material costs, insofar as these are not increased by the fact that the goods have been taken to a place other than the place of performance.
9.7. We may refuse subsequent performance if it is only possible at disproportionately high costs. The other statutory rights of the contractual partner (reduction, withdrawal, compensation or reimbursement of futile expenses) remain unaffected.
9.8. Unless otherwise stipulated by law, the contractual partner is obliged to first set us a reasonable deadline for subsequent performance in writing before asserting other warranty rights. As a rule, we must be granted a period of at least three weeks for subsequent performance if the goods are delivered, and ten working days for the delivery of spare parts; this does not apply if a shorter period is agreed in individual cases or if a shorter period is absolutely necessary, e.g. in urgent cases where there is a risk of disproportionately large damage or a threat to operational safety.
If subsequent performance does not take place within this period, the customer is entitled to assert their statutory rights, in particular to withdraw from the contract, declare a reduction in the purchase price or – subject to clause 12 – claim damages.
No deadline shall be required if we have definitively and seriously refused subsequent performance or if subsequent performance is impossible.
9.9. Withdrawal from the contract is excluded if the purchased item only has minor defects. Minor defects are, in particular, insignificant deviations from the contractually agreed quality and insignificant impairments to the usability of the goods as stipulated in the contract.
9.10. Liability for defects is excluded
in the case of natural wear and tear of the purchased item;
in the event of improper use of the purchased item;
if the item is used for a purpose for which it is unsuitable,
in the event of faults or damage to the purchased item arising after the transfer of risk as a result of incorrect or negligent handling, excessive strain or unsuitable operating materials;
in the event of defects or damage to the purchased item arising after the transfer of risk due to special external influences that are not contractually stipulated, or
if the contractual partner has carried out repair work itself or through third parties without this being absolutely necessary.
9.11. The contractual partner may only demand compensation in lieu of performance if the delivery of the defective item constitutes a significant breach of duty.
9.12. Compensation for any consequential damages that occur independently of subsequent performance (loss of production, claims due to delayed delivery to the contractual partner's customers, etc., Section 280 of the German Civil Code (BGB)) can only be asserted if a reasonable period for subsequent performance set in writing has expired without result. In all other respects, clause 12 shall apply to claims for damages.
9.13. The contractual partner's claims for defects in the purchased item shall become time-barred within one year of delivery of the purchased item. If the contractual partner wishes to withdraw from the contract or declare a reduction in the purchase price, these rights shall also be excluded after one year from delivery of the purchased item.
The reduction of the warranty period does not apply in cases of intent or malice. In the event of defects in buildings or defects in items that were used for a building in accordance with their normal use and caused its defectiveness, the statutory limitation period of five years applies (Section 438 (1) No. 2 BGB); However, the five-year limitation period shall only apply if the purchased item was installed in a building in accordance with its intended use within two years of delivery to our contractual partner.
9.14. If the period for subsequent performance has expired without success, we shall be entitled to set the customer a deadline of one month to assert his further warranty rights against us. If he fails to make such a declaration within this period, warranty rights shall be excluded; this shall only apply if we have expressly pointed out this legal consequence in the request setting the deadline.
9.15. The contractual partner may only seek recourse against us for product defects for which claims are made against it by its customers to the extent that it has not entered into any agreements with its customers that go beyond the domestic statutory provisions, in particular warranty liability. The above rules apply accordingly to the scope of our warranty liability towards the contractual partner in such cases.
9.16. We deliver used goods without any warranty. This exclusion of warranty does not apply in cases of intent or gross negligence or in cases where the law otherwise provides for mandatory liability.
9.17. Beyond the above warranty provisions, we do not assume any guarantee for the quality of the purchased item delivered by us.
10. Supplier recourse
In the event of supplier recourse after legally required fulfilment of warranty claims by an end consumer due to defects in newly manufactured movable goods in accordance with Sections 478, 479 of the German Civil Code (BGB), the following statutory provisions shall apply in place of the above clauses 8, 9.6, 9.7, 9.8, 9.10 (last indent) and 9.13. shall apply with the following modification:
10.1. We shall not be liable for defects in recourse proceedings if the defectiveness results from agreements on the quality of the item provided to the end consumer which were made with the end consumer and which deviate from agreements made by us with our contractual partner. The criterion for determining whether a defect exists, even in the case of supplier recourse within the meaning of Sections 478, 479 of the German Civil Code (BGB), is therefore exclusively the quality agreement that we have made with the customer.
10.2. The simplification of supplier recourse pursuant to Sections 478, 479 of the German Civil Code (BGB) shall only apply if the item delivered to the end consumer is identical to the item we delivered to our customer. Sections 478 and 479 of the German Civil Code (BGB) therefore do not apply if the item delivered by us has been modified or converted. Sections 478 and 479 of the German Civil Code (BGB) also do not apply if we have only delivered assemblies or parts that have been installed in other products, which in turn have been delivered to the end consumer.
10.3. The application of Sections 478 and 479 of the German Civil Code (BGB) is excluded if our contractual partner exports the products delivered by us to a contracting state of the UN Convention on Contracts for the International Sale of Goods (CISG) and excludes the application of the UN Convention on Contracts for the International Sale of Goods in the export contract.
10.4. If the contractual partner is requested by the end consumer to repair an item, they must inform us immediately and give us the opportunity to carry out the subsequent performance ourselves. They must make the goods available to us for inspection and processing for this purpose. The claim for compensation pursuant to Section 478 (2) of the German Civil Code (BGB) shall only exist if we have not performed the subsequent performance requested by the end consumer within a reasonable period of time or if we refuse to do so.
10.5. Sections 478 and 479 of the German Civil Code (BGB) do not apply to claims for damages. Otherwise, clause 12 of these Terms and Conditions of Sale and Delivery applies.
11. Liability for legal defects
11.1. We shall be liable to the extent provided for by law for the freedom of delivered products from legal defects. Unless otherwise agreed, we only guarantee that the products we deliver do not infringe the industrial property rights or copyrights of third parties in the country in which we are based (domestic market). We shall not be liable if the infringement of such property rights is based on instructions given by the contractual partner or if the infringement is caused by unauthorised modifications to the product or use of the product by the contractual partner that deviates from the contractual use.
11.2. We shall inform the contractual partner immediately as soon as third parties assert an infringement of property rights. If this immediate information is not provided, warranty claims shall be excluded.
11.3. With regard to the warranty period, Section 9.13 applies accordingly.
11.4. If justified claims by third parties are asserted within the warranty period, we may, at our discretion, obtain a right of use for the deliveries in question at our expense, or modify the deliveries in accordance with the contractual purpose so that no property rights are infringed, or deliver comparable products that do not infringe any property rights.
11.5. Any warranty claim by the contractual partner shall be excluded if the contractual partner conducts negotiations with the third party itself or concludes agreements with the third party without consent, or if the contractual partner has not informed us immediately of the third-party claims.
11.6. In the event of supplier recourse following a warranty claim by an end consumer, Sections 478 and 479 of the German Civil Code (BGB) and Clause 10 of these Terms and Conditions shall apply accordingly.
12. Liability for damages and futile expenses
12.1.1. Our liability for damages and for the reimbursement of futile expenses, regardless of the legal basis, is limited to gross negligence and intent. This also applies to breaches of duty by our legal representatives and vicarious agents.
12.1.2. In the event of simple negligence, we shall only be liable – regardless of the legal basis – for breaches of material contractual obligations; in this case, the amount of any claim for damages shall be limited to compensation for typical foreseeable damage. The contractual partner is obliged to inform us in writing of any special risks, atypical damage possibilities and usual damage amounts before concluding the contract. Liability for any consequential damage beyond this, lack of economic success, indirect damage and damage resulting from third-party claims is excluded.
12.1.3. All limitations of liability shall not apply to claims in connection with injury to life, limb or health, nor to claims arising from the Product Liability Act and other mandatory liability provisions (Environmental Liability Act, etc.).
12.2. If the subject matter of the purchase contract is an item specified only by type, our liability shall also be determined in accordance with the above rules in this case; liability independent of fault is excluded.
12.3. Furthermore, if we have exceptionally given guarantees, we shall be liable for the fulfilment of these guarantees to the agreed extent; guarantees must be in writing and must be expressly designated as such.
13. Duties of protection and consideration
In the event of a breach of our duties of care and consideration within the meaning of Section 241 (2) of the German Civil Code (BGB) for which we are responsible and which is not directly related to the delivery of the goods, our contractual partner shall only be entitled to claim damages and exercise its right of withdrawal if we have previously been warned in writing for breach of duty. This shall not apply if we, our representatives or vicarious agents are accused of intent or gross negligence or in connection with injury to life, limb or health.
14. Retention of title
14.1. We retain title to all goods delivered by us until all claims arising from the business relationship have been settled, including those arising in the future. If the goods are added to a current account, the retention of title applies to the respective balance.
14.2. In the event of culpable breach of contract by the contractual partner, in particular in the event of default in payment, we shall be entitled to take back the delivery item even without prior withdrawal from the contract. The contractual partner shall be obliged to surrender the goods. Our taking back of the goods does not constitute withdrawal from the contract unless we have expressly declared this in writing. The goods taken back will be credited with the actual proceeds after deduction of the costs of utilisation and return.
14.3. In the event of seizures or other attacks by third parties, the contractual partner must notify us immediately in writing so that we can take legal action in accordance with § 771 ZPO (German Code of Civil Procedure). If the third party is unable to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with § 771 ZPO, the contractual partner shall be liable to us for the costs incurred.
14.4. The contractual partner is obliged to insure our property against fire, water damage and theft. Claims against the insurance company are assigned to us.
14.5. The contractual partner is entitled to resell the delivery item in the ordinary course of business if, in the event of incomplete payment by its customer, it delivers under retention of title. Among other things, resale does not take place in the ordinary course of business if the contractual partner has agreed an effective prohibition of assignment with its customer; however, inclusion in a current account is permissible.
In the event of resale, the contractual partner hereby assigns to us all claims in the amount of the final invoice amount (including value added tax) accruing to it from the resale against its customers or third parties, irrespective of whether the delivery item has been resold without or after processing. The contractual partner is authorised to collect these claims even after their assignment. Our authority to collect the claims ourselves remains unaffected by this, but we undertake not to collect the claims as long as the contractual partner duly meets its payment obligations to us and is not in default of payment. In this case, we may demand that the contractual partner informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtor (third party) of the assignment.
14.6. The processing or transformation of the delivery item by the contractual partner shall always be carried out on our behalf. If the delivery item is processed with other items that do not belong to us, we shall acquire co-ownership of the new item in proportion to the value of the delivery item to the other processed items at the time of processing. The same shall apply to the item created by processing as to the goods subject to retention of title; the customer's claims acquired through the sale of the processed item shall be assigned to us in the amount of our co-ownership share.
14.7. If the delivery item is inseparably combined or mixed with other items that do not belong to us, we shall acquire co-ownership of the new item in proportion to the value of the delivery item to the other combined or mixed items at the time of combination or mixing. If the combination or mixing is carried out in such a way that the buyer's item is to be regarded as the main item, it shall be deemed agreed that the contractual partner shall transfer proportional co-ownership to us. The contractual partner shall hold the sole ownership or co-ownership in safekeeping for us.
14.8. The contractual partner also assigns to us the claims to secure our claims against him which accrue to him against a third party through the connection of the delivery item with a piece of land.
14.9. We undertake to release the securities to which we are entitled at the request of the contractual partner insofar as their value exceeds the claims to be secured, insofar as these have not yet been settled, by more than 20%. A claim for return cannot be asserted if and to the extent that a claim for release precludes this.
15. Returns
Returns due to goods being returned are only permitted by prior agreement and must always be made free of charge. Only unused, undamaged products in their original packaging will be accepted for return within 14 days. Pumps, containers, hoses or items specially manufactured for you cannot be returned. Returns sent carriage forward cannot be accepted. The credit note will be issued after deduction of a 15% processing fee and will be offset against goods deliveries.
16. Data privacy
We are entitled to process data about the customer obtained in connection with the business relationship or in connection with it, regardless of whether it originates from the customer themselves or from third parties, in accordance with the Federal Data Protection Act.
17. Limitation period
If negotiations regarding a claim are pending between us and the contractual partner, the limitation period shall be suspended (Section 203 of the German Civil Code (BGB)). The suspension of the limitation period shall end no later than six months after the last written statement by one of the parties in connection with the negotiations regarding the claim, unless one of the parties to the contract indicates in writing at an earlier point in time that the negotiations have ended.
18. Proprietary rights/confidentiality
18.1. The contractual partner shall ensure that no third-party property rights are infringed by any documents, objects and similar items provided to us for the purpose of delivery or performance. We shall inform the contractual partner of any third-party rights known to us. The contractual partner shall indemnify us against any third-party claims and compensate us for any damage incurred. If a third party prohibits us from performing, manufacturing or delivering on the basis of a property right belonging to them, we shall be entitled – without examining the legal situation – to cease work and demand compensation for our expenses. Documents, objects and similar items provided to us that have not led to an order will be returned upon request against reimbursement of costs. Otherwise, we shall be entitled to destroy them three months after submission of the offer.
18.2. We reserve all property rights and copyrights to all samples, models, drawings, cost estimates, calculations and similar information of a physical or non-physical nature, including in electronic form. Such information may not be made accessible to third parties. If the contractual partner receives such information in connection with the initiation of the contract, they are obliged to return it to us free of charge if the contract is not concluded.
18.3. The contractual partner is obliged to disclose any information that we expressly designate as confidential or whose confidentiality is apparent from the circumstances to third parties only with our express consent.
19. Final provisions
19.1. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
19.2. Should individual clauses of these General Terms and Conditions be wholly or partially invalid, this shall not affect the validity of the remaining clauses or the remaining parts of such clauses; the statutory provision shall apply instead.
19.3. The exclusive place of jurisdiction is Paderborn. We may also bring legal action against the contractual partner at our discretion at their general place of jurisdiction or at the place of jurisdiction responsible for their place of business.
19.4. The place of performance, payment and fulfilment for all obligations arising from the legal terms and conditions with the contractual partner is Bad Wünnenberg. Agreements on reimbursement of costs do not imply any change to the above place of fulfilment.
19.5. The data required for processing business transactions is stored centrally at our premises.