1 Scope of application

a) These Terms and Conditions of Purchase of the Client shall form an integral part of the contract between the Client (Bitutec Private Label GmbH) and the Contractor, unless and insofar as otherwise agreed for the individual order / contract.
b) The Customer shall not recognize any terms and conditions of the Contractor that conflict with or are not contained in these Terms and Conditions of Purchase unless the Customer has expressly agreed to their validity in writing. In particular, the mere reference to a letter from the Contractor containing or referring to its terms and conditions shall not constitute the Client's consent to the validity of those terms and conditions.
c) These Terms and Conditions of Purchase shall also apply if the Client accepts the delivery/service of the Contractor without reservation in the knowledge of conflicting terms and conditions of the Contractor or terms and conditions of the Contractor not contained in these Terms and Conditions of Purchase.
d) All agreements made between the Client and the Contractor for the purpose of executing this contract must be set out in writing in this contract. Advance orders placed by telephone shall also be subject to these Terms and Conditions of Purchase. This applies in particular to orders which are only binding if they have been placed or confirmed by the Client in writing (e.g. by fax).
e) These General Terms and Conditions of Purchase shall apply to companies that are engaged in commercial activities within the meaning of Section 14 of the German Civil Code (BGB) when the contract is concluded.
f) These General Terms and Conditions of Purchase shall also apply to all future transactions with the Client, even if they are not expressly agreed again.
g) The parties are aware that the Client meets high economic and moral standards and expects the same from its contractors. For this reason, the client has developed a code of conduct for its contractors, the current version of which can be viewed here Bitutec Code of Conduct and is also available on request at any time.
h) The parties agree that the first or further purchase of services may be made dependent on compliance with this Code of Conduct and that a significant breach of this Code of Conduct that is not remedied may lead to immediate extraordinary termination. The Contractor shall therefore only perform the service if it agrees to comply with the Code of Conduct.
i) As part of the supplier evaluation, the contractor is responsible for keeping the requested data up to date and reviewing it annually

2. offer / order acceptance

a) Offers and cost estimates are free of charge and do not create any obligations for the client.
b) Orders shall be deemed to have been accepted upon proven transmission of the order, unless expressly objected to in writing without delay; at the latest, however, within 3 working days.
c) Orders as acceptance of the contract are placed exclusively by means of the order form of the client. Verbal agreements are without binding obligation for the client. They shall only bind the Client if the Client has expressly confirmed their content in writing.
d) The Contractor shall be bound for 12 weeks after receipt of the order by the Client, unless a longer binding period has been agreed in individual cases.
e) If the Client's order is accepted with deviations, the Contractor must clearly inform the Client of these deviations. A contract shall only be concluded if these deviations are agreed to in writing.

3. delivery / transfer of risk / deadlines

a) Delivery shall be at the Contractor's risk. He shall also bear the transportation and packaging costs. Goods shall only be delivered in legally prescribed containers. The risk of deterioration, including accidental loss, shall remain with the Contractor until actual handover.
b) The Contractor is aware that the Client, as a manufacturing company, predominantly produces "just in time" due to limited storage capacities. For this reason, precise timing is particularly important for deliveries of raw materials.
c) Agreed delivery dates and delivery deadlines or delivery dates and deadlines that are determined or can be determined according to the calendar are binding (fixed date) and lead to the due date of the service owed by the Contractor. Compliance with the delivery date shall be determined by the handover of the service owed at the place of destination. Unless otherwise agreed, the delivery deadline shall be deemed to have been met if the goods have been unloaded within the delivery deadline on a working day during normal business hours at the Client's destination. In the case of tank deliveries, the service shall not be deemed to have been rendered until the goods have been filled into the correct tank. In this respect, DPU in accordance with Incoterms 2020 shall be deemed agreed. Deviations from this shall only be effective if they have been expressly confirmed by the customer in text form.
d) The following goods acceptance times of the customer shall apply:

For tank deliveries:
- Monday to Thursday 07:15 to 15:00,
- Fridays 07:15 to 12:00.
- Exceptions to this must be agreed separately.

Other deliveries:
- Monday to Thursday 07:15 to 15:00,
- Fridays 07:15 to 12:00.
- Exceptions to this must be agreed separately

e) In the event of delivery or performance earlier than agreed, the Client reserves the right to return the goods at the Contractor's expense or to reject them at the Contractor's expense.
f) If the goods are not returned in the event of premature delivery, the goods shall be stored at the Client's premises at the Contractor's expense and risk until the agreed delivery date. In the event of early delivery, the Client reserves the right to make payment only on the agreed due date.
g) Deliveries that do not comply with the specifications of the order may be rejected by the Client and returned to the Contractor at the Contractor's expense and risk. This shall also apply to excess or short deliveries or partial deliveries to which the Contractor is not entitled, unless the Client can be reasonably expected to accept them in individual cases.
h) If a delivery with installation / assembly / service has been agreed between the Client and the Contractor, the handover of the defect-free goods after proper execution of the installation / assembly / service shall be decisive for the timeliness of the delivery.
i) Should special circumstances prevent the Contractor from meeting the agreed delivery date after the order confirmation has been issued, the Contractor must inform the Client immediately of the reason for and expected duration of the delay.
j) If, by way of derogation, collection has been expressly agreed, the Contractor shall be obliged to make the goods available in good time. Unless otherwise agreed, a lead time of 2 working days in Germany and 4 working days abroad shall be deemed to be on time.
k) In the case of deliveries by rail or forwarding agents, the Client shall receive an official weight certificate or proof that the weighing complies with the German Weights and Measures Act for deliveries of goods that are based on a weight calculation.
l) For the delivery of raw, auxiliary and operating materials, the relevant statutory regulations must be observed with regard to classification, packaging and labeling obligations, in particular those of the applicable chemicals laws and Regulation (EC) No. 1272/2008 ("CLP Regulation"). The Contractor shall compensate the Client for any damages arising from culpable violations of the statutory provisions.
m) The Contractor shall be responsible for the professional and proper issue of the documents and all necessary labeling. Additional expenses or damages resulting from missing or inadequately executed documents and markings shall be borne by the Contractor. This also applies to consequential damage or damage to third parties.
n) The Client's order number and article number must be stated on dispatch notes, consignment notes, invoices and all correspondence with the Client. The Contractor shall be responsible for all consequences resulting from non-compliance with this obligation.
o) If the acceptance of the delivery depends on documents, the Client shall not be in default of acceptance if the Contractor has not submitted the documents on time.
p) The binding document for the delivered quantity is the acceptance protocol of the Client's goods receiving department.

4. packaging material and pallets

a) The client is entitled to exchange reusable packaging material without incurring any costs. In this case, the Contractor may only charge the Client the amount agreed to in writing by the Client.
b) At the Client's request, the Contractor shall collect or arrange for third parties to collect all secondary, transport and sales packaging at the destination.
c) For pallets, containers and tankers, the respective standing time must be agreed with the client and approved by the client in writing. No costs or fees shall be charged to the client until the end of the agreed stand times. Furthermore, the client shall not reimburse any demurrage charges if and insofar as delays are the responsibility of the contractor.
d) In the case of palletized goods, delivery must be made on exchange pallets. The Contractor or its authorized carrier shall ensure the exchange. Claims arising from non-exchanged pallet deliveries shall be borne by the Contractor.
e) The return of packaging requires a separate agreement, unless the Contractor is legally obliged to take back packaging in accordance with the provisions of the Packaging Act or, for example, disposal leads to additional costs, e.g. because residual quantities of hazardous substances adhere to the packaging. In this case, he must collect this from the client at his own expense. If he wishes the packaging to be taken back to be sent to him, he shall bear the shipping costs incurred.
f) The Contractor is obliged to carry out the packaging within the scope provided for by law. To this end, the Contractor shall inform the Client of the modalities prior to each delivery. Any damage or additional costs in connection with a delayed notification of the modalities (e.g. purity of type, emptied, in which frame, etc.) shall be borne by the Contractor.
g) Furthermore, the Contractor shall also be responsible for the proper registration of the packaging in accordance with the German Packaging Act.
h) In addition, the Contractor shall comply with the statutory and private law requirements on its own initiative insofar as the usage fees from label usage contracts for the quantity of packaging put into circulation, e.g. "Der Grüne Punkt", "KBS", "Interseroh", etc., are concerned. Unless otherwise agreed, this also applies to private label products of the client or imports as soon as a corresponding mark is used on the goods. Empty cartons or empty containers that are filled on the client's premises are excluded from this.

5 Term

a) The contract shall have the term specified in the order.
b) If a term is not specified, a contract shall only end when the last call-off has been made in full or the contract has been terminated in some other way.

6. quality / condition

a) The delivered goods must correspond to the quality owed and, unless expressly agreed otherwise, must be state of the art in terms of science and technology.
b) The contractor is obliged to obtain knowledge of the quality owed, e.g. in the form of a current specification. The appropriate intended use shall be defined at the Client's premises.
c) The Contractor shall only deliver the quantities ordered by the Client. Excess or short deliveries shall only be accepted if this has been confirmed by the Client.
d) In the case of promotional goods, which are announced separately on the order, short deliveries shall not be accepted and are tantamount to defective delivery or incorrect delivery or non-delivery.
e) If, for example, the Contractor is already aware at the time of placing the order that legal requirements for its product will change in the future, making adjustments to the product quality necessary and / or which could lead to new restrictions on the use or marketing of the product by the Client, the Contractor must notify the Client of this in writing without delay.
f) Changes to the goods and / or production-related differences in the product quality, even those of a supposedly minor nature, as well as technical changes must be notified in writing in advance and may only be made with the prior written approval of the Client.
g) Provisions which in effect represent a reversal of the burden of proof to the detriment of the Client are invalid.
h) The Contractor warrants that its deliveries and services comply with the statutory and official regulations applicable on the day of delivery, in particular the relevant environmental protection, accident prevention and occupational safety regulations; in particular, the Contractor shall be responsible for ensuring that any legally required declaration or other owed characteristic or labeling that guarantees the marketability of the product in the contractually agreed sense is complied with (in particular also in accordance with clause 3 i).
i) The Contractor warrants that its deliveries comply with the provisions of Regulation EC No. 1907/2006 concerning the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH Regulation). The substances contained in the Contractor's products shall be pre-registered to the extent required by the provisions of the REACH Regulation or registered after expiry of the transitional periods, unless the substance is exempt from registration. The Contractor shall provide safety data sheets in accordance with the REACH Regulation and the information required under Article 32 of the REACH Regulation. Upon request, the Contractor shall also provide the Client with the information pursuant to Art. 33 of the REACH Regulation.
j) The Contractor shall fulfill all obligations that exist in accordance with CLP Regulation Art. 45 and Annex VIII with regard to the notification of information on the supplied product when it is placed on the market. The notification shall be made at least in the member state that has been bindingly agreed between the client and the contractor as the delivery address. In the case of deliveries to Bitutec Private Label, this is the member country Germany. The contractor also undertakes to cooperate comprehensively with regard to the obligations that may arise for the client at a later date with regard to notification obligations in accordance with Art. 45 / Annex VIII of the CLP Regulation in other EU member states if the client wishes to continue to place the product on the market as such or as a component of a mixture. This cooperation may include either the notification of the product in other EU member states relevant to the client by the contractor, including a subsequent notification of the so-called "Unique Formula Identifier" for the product to the client, or the most extensive formulation clarification and provision of further information required for the notification of the product to the client.
k) Contractors who have their registered office in non-EU member states undertake to provide the registration number to the client after registration, at the latest upon order confirmation, if they have appointed an Only Representative (Art. 8 REACH Regulation) and whose registration covers the agreed delivery. If an Only Representative has carried out a pre-registration or registration that covers the delivery, the contractor shall enclose a corresponding certificate with the delivery. The Only Representative based in the EU must be named and the address in the European Union given.

7 Industrial property rights

a) The Contractor warrants that its delivery does not infringe any third-party rights. The Contractor is obliged to inform the Client if the goods to be delivered are subject to its own or third-party property rights (patent, utility model, trademark).
b) If a claim is made against the Client by a third party due to an alleged infringement of property rights, the Contractor shall be obliged to indemnify the Client against such claims upon first written request. In such a case, the Client shall not be entitled to make any agreements with the third party, in particular to conclude a settlement, without the consent of the Contractor.
c) The Contractor's obligation to indemnify relates to all expenses necessarily incurred by the Client from or in connection with the claim by a third party.

8 Availability

a) If, in the case of a continuing obligation or a recognizably regularly recurring delivery (usually at least 3 orders per half-year), the Contractor intends to change or discontinue its production, it must notify the Client of this immediately in writing.
b) If production is discontinued, the Contractor undertakes to ensure that the materials previously supplied to the Client can still be supplied for at least 6 months after the Contractor's notification.
c) The Client may request changes to the delivery item even after conclusion of the contract, insofar as this is reasonable for the Contractor. In the event of such changes, the effects on both parties, in particular with regard to additional or reduced costs and delivery dates, must be taken into account appropriately.

9. cooperation of the client

a) If a delay in performance or a delay is due to the absence or omission of necessary documents or cooperation to be provided by the client, the contractor may only invoke this if he has previously sent a written reminder for the documents or the act of cooperation and these have not been provided within a reasonable period of time.
b) The Contractor shall provide all devices/equipment and personnel required for the proper fulfillment of the service to be performed by it. The Client shall not provide any assistance, either in the form of equipment or personnel.

10. guarantee / warranty

a) Irrespective of the statutory warranty, the Contractor guarantees that
- the delivered goods have the contractually agreed properties and are suitable for the expressly agreed or recognizable purpose.
- Unless otherwise expressly agreed, the goods shall comply with the provisions of product law applicable in Germany.
b) If repairs and new deliveries should be necessary, the Contractor guarantees to carry out the necessary actions, if necessary, in multi-shift operation or by working overtime or on public holidays, if this is necessary for the Client for urgent operational reasons and this does not constitute an unreasonable hardship for the Contractor.
c) If the Contractor culpably fails to meet its obligations under the warranty within a reasonable period set by the Client, the Client may take the necessary measures itself and/or have them taken by third parties at the Contractor's expense and risk.
In urgent cases or in the event of imminent danger, the Client may, after consultation with the Contractor, carry out the rectification itself or have it carried out by a third party. The costs required for this shall then be reimbursed to the Client by the Contractor on presentation of proof.
d) The Client shall be entitled to the statutory claims for subsequent performance without restriction.
e) The Client shall be entitled to demand from the Contractor, at the Client's discretion, a replacement delivery or - if the Contractor is in a position to do so independently - rectification of defects (repair).
f) The Client expressly reserves the right of supplier recourse pursuant to Section 478 (2) BGB.
g) The Contractor shall bear all expenses and costs incurred in connection with the determination and rectification of defects, even if they are initially incurred by the Client, in particular inspection costs, dismantling and installation costs, transport, travel, labor and material costs. This shall also apply if the expenses/costs increase due to the fact that the delivery item was brought to a place other than the place of performance, but not if this results in disproportionately high costs.
h) The right to compensation remains unaffected by this.
i) If the defectiveness of the delivery item only becomes apparent after installation/mixing in an item manufactured by the Client, the Contractor shall also bear all expenses necessary to remedy the defect in a delivery item, in particular labor costs for installation and removal/extraction, within the scope of a subsequent improvement owed. Further claims for damages remain unaffected by this.
j) The statutory warranty periods shall apply from the transfer of risk. In the event of rectification or replacement delivery, a new limitation period shall commence upon completion of the rectification work or delivery. However, the new period shall only apply to the repaired or replaced part of a delivery item if only this - possibly dependent - part has been replaced. The limitation period shall be extended by the time during which the delivery item cannot be used due to a warranty claim. The suspension of the expiry of the limitation period shall begin on the day on which the Contractor is notified of this defect and shall end when the delivery item can be used again. An easing of the limitation period on the part of the contractor is ineffective.
k) The breach of secondary obligations, such as pallet heights delivered other than agreed, shall also constitute a defect and shall give rise to any claims aimed at remedying this defect.
l) The client shall immediately notify us in writing of any obvious defects in the delivery as soon as they are discovered in the ordinary course of business. § Section 377 of the German Commercial Code (HGB) shall apply in this respect with the proviso that defects which are not concealed shall also be deemed to have been notified in good time within a period of 8 working days.
m) If similar defects occur in more than 5 percent of the delivered parts (serial defects), the client shall be entitled to reject the entire existing delivery quantity as defective and to assert the statutory and contractually agreed claims for defects for these.

11 Liability / Default

a) Insofar as the Contractor is responsible for damage, it shall be liable in full and without limitation for all resulting direct and indirect personal injury, property damage and financial loss.
b) This includes in particular all consequential damages such as (by way of example, i.e. not exhaustive) loss of production/profit, but also any necessary expenses for or in connection with recall measures to be carried out, etc.
c) The Contractor undertakes to indemnify the Client upon first request against all claims for damages by third parties which were caused within the Contractor's sphere of control and organization.
d) The Contractor is obliged to maintain product liability insurance with a sum insured appropriate to the risk and to maintain it for the duration of the contract.
e) If the Contractor realizes that it will not be able to meet the agreed delivery dates, it undertakes to inform the Client immediately in writing, stating the reasons and the expected duration of the delay. The notification of a probable delay in delivery shall in no case change the agreed delivery date. All costs incurred by the Client as a result of a culpably omitted or delayed notification shall be borne by the Contractor.
f) If the Contractor is in default with its performance, it shall reimburse all costs and consequential costs resulting from the default against proof.
g) Further claims for damages on the part of the client remain unaffected.

12. suspension

a) As long as the justification of a complaint by the client is being negotiated, the warranty period shall be suspended for the period from the notification of the defect until the final conclusion of the negotiations.

13. reservation of title

a) Goods delivered under retention of title shall become the full property of the Client through processing, combining or mixing.
b) The Contractor shall receive a claim to compensation in money for the value of the goods delivered under retention of title in proportion to the total mass.
c) If the Client provides parts to the Contractor, the Client shall retain title to these parts. Processing or transformation by the Contractor shall be carried out for the Client. If the Client's reserved goods are processed with other items not belonging to the Client, the Client shall acquire co-ownership of the new item in the ratio of the value of the Client's item to the other processed items at the time of processing.
d) The client shall retain ownership of tools / equipment. The Contractor is obliged to use the tools exclusively for the manufacture of the goods ordered by the Client. The Contractor is obliged to insure the tools belonging to the Client at replacement value against fire, water damage and theft at its own expense. He is obliged to carry out any necessary maintenance and inspection work in good time at his own expense. He must notify the client immediately of any malfunctions; if he culpably fails to do so, claims for damages shall remain unaffected.

14 Confidentiality

a) The Client reserves the right of ownership and copyright to the production documents (e.g. illustrations, drawings, calculations, models, samples) provided to the Contractor. The production documents may only be used to process the offer and to execute the ordered delivery; they may not be made accessible to third parties without the consent of the Client.
b) At the same time, the Contractor is obliged to hand over any duplicates of the documents made by him after completion; the same applies to any documents developed from the Client's documents. The semi-finished and finished products manufactured according to the client's specifications may only be delivered to the client. The Contractor is also obliged to keep the Client's business and trade secrets secret, even for a period of 5 years beyond the duration of the contract. The confidentiality obligation does not apply to generally known circumstances and ends in any case if the circumstances become public knowledge without a breach of contract by the Contractor being the cause of this.
c) Documents, samples, tools or other supplies may not be made accessible to third parties, nor may information about them be provided. Exceptions that are useful for performance must be agreed with the client in writing.
d) The Contractor shall handle the documents, etc. provided to it in accordance with the instructions of the Client and, if it no longer requires them, shall return them to the Client without incurring any costs. The Contractor shall have no right of retention to these documents.
e) If the Contractor breaches these conditions and the Client suffers damage as a result, the Contractor shall be obliged to pay compensation.
f) The Contractor undertakes to treat all non-public commercial or technical details that become known through the business relationship as business secrets. Subcontractors/sub-suppliers shall be obligated accordingly in writing (verifiably).

15 Prices and terms of payment

a) If the prices are not yet fixed when the order is placed, they must be stated by the contractor before delivery of the goods. In this case, the client reserves the right to refuse acceptance of the delivered goods and, in the event that a contract has been concluded, to withdraw from it.
b) The prices already agreed are fixed prices and exclude subsequent claims of any kind by the Contractor.
c) If, during the term of the follow-up orders, the base prices for raw material deliveries - as shown by the relevant national or international quotations or stock market values - fall by more than 3%, the agreed fixed price shall be reduced in the corresponding proportion.
d) The agreed prices shall include all services associated with the delivery of the items, i.e. in particular also the items mentioned under clauses 3 and 4, such as packaging and shipment to the agreed destination ("free domicile") including customs duties, insurance, fees, taxes and other ancillary costs, insofar as these are incurred.
e) The Client may only process the Contractor's invoices if they contain the information customary in the trade and required under tax law (in particular order and/or article number and commission number, exact description of the goods, quantity delivered, dimensions, weight, packaging). The Contractor shall be responsible for all consequences arising from non-compliance with this obligation.
f) Payment shall be made within two weeks of receipt of the goods and invoice with a discount of 3% of the invoice amount or within 30 days of receipt of the goods and invoice without deduction. If payments on account have been agreed, the discount shall be granted for each individual payment, provided that this is made within the two-week period.
g) For the timeliness of payment - also with regard to the entitlement to a discount deduction - it is sufficient if the respective act of performance is performed at the place of performance within the time limit.
h) The client shall be entitled to rights of set-off and retention within the legally permissible framework (e.g. § 320 BGB). Offsetting is also permitted in particular with claims for contractual penalties.
i) Assignments to third parties are only permitted to the Contractor with the express written consent of the Client. The Client shall not refuse consent without good cause. If the assignment of a monetary claim is also effective without the consent of the Client on the basis of statutory provisions, the Client may nevertheless make payment to the previous holder of the claim with discharging effect.

16. advertising material

a) It is only permitted to refer to the existing business relationship with the client in information and/or advertising material with the prior express written consent of the client.
b) This also applies when naming the client as a reference.

17. entering and driving on the factory premises / accident prevention

a) Except for the delivery of goods, entering and driving on the factory premises is only permitted with the prior written consent of the client. Visits to the factory canteen and use of the toilets are excluded from this regulation.
b) All safety-related instructions must be observed on the factory premises. Smoking is generally prohibited, except in designated areas. The smoking ban also applies in particular to smoking inside motor vehicles.
c) The contractor shall be liable without limitation for any damage caused on the factory premises by its personnel. During the unloading process of silo vehicles and tank trucks, the Contractor's driver must supervise the process on the vehicle.
d) Photography and other documentation of the factory premises is strictly prohibited.
e) Machines and systems as well as other technical equipment must comply with the latest statutory and official regulations as well as the prevention regulations of the employers' liability insurance associations, including the regulations relating to noise protection.
f) In the case of assembly/service work, the special regulations issued by the factory must also be complied with.
g) In addition, the house rules must be observed, from which relevant information on the danger areas can be obtained.
h) The contractor must familiarize himself with these house rules before entering the premises.
i) Entry to the factory premises may be made dependent on successful participation in a safety training course. The necessary access data for the system shall be sent to the Contractor by the Client.

18 Contractual penalty

a) In the case of delivery dates, the continued existence of the Client's interest in receiving the goods is linked to full compliance with the delivery dates. If the delivery date is exceeded (also with regard to partial quantities), the Client is entitled - without prejudice to further rights - to withdraw from the order without setting a further deadline and to demand compensation for damages instead of the entire service in the amount of a flat rate of 5% of the respective order value, unless the Contractor proves that the damage is smaller or none at all.
b) This shall apply irrespective of whether the Contractor is responsible for exceeding the delivery dates.

19 Statute of limitations

a) The Client's claims arising from defective delivery shall become time-barred in accordance with the statutory provisions of the German Civil Code (BGB).
b) The same shall apply to claims of the Contractor.

20. force majeure

a) The parties shall not be liable for events of force majeure which make the contractual performance considerably more difficult for the parties or which temporarily hinder or make the proper execution of the contract impossible. Force majeure shall include all circumstances independent of the will and influence of the contracting parties, such as natural disasters, government measures, official decisions, blockades, war and other military conflicts, mobilization, civil unrest, terrorist attacks, strikes, lockouts and other industrial unrest, confiscation, embargo, epidemics, epidemics, infectious diseases, pandemics (each according to WHO classification) or other circumstances which are unforeseeable, serious and beyond the control of the contracting parties and which occur after the conclusion of this contract.
b) Insofar as one of the contracting parties is prevented from fulfilling its contractual obligations due to force majeure, this shall not be deemed a breach of contract and the deadlines specified in the contract or on the basis of the contract shall be extended appropriately in accordance with the duration of the hindrance.
c) Each contracting party shall do everything in its power that is necessary and reasonable to mitigate the extent of the consequences caused by the force majeure. The party affected by the force majeure shall immediately notify the other party in writing of the beginning and the (expected) end of the impediment.
d) As soon as it is established that the force majeure will last longer than 6 months, either party shall be entitled to terminate the contract by registered letter.

21 International contracts / place of jurisdiction and applicable law

a) If the Contractor is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the place of jurisdiction for all rights and obligations of the parties to the contract arising from transactions of any kind - including disputes relating to bills of exchange and checks - shall be the Client's place of business. The same shall apply if the Contractor has no general place of jurisdiction in Germany, moves its domicile or usual place of residence outside Germany after conclusion of the contract or its domicile or usual place of residence is not known at the time the action is filed. However, the Client is also entitled to sue the Contractor at its general place of jurisdiction.
b) These General Terms and Conditions of Purchase and the entire legal relationship between the parties to the contract shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Customary commercial clauses shall be interpreted in accordance with the respective valid Incoterms - ICC, PARIS.
c) The contract language is German.

22. final provision

a) Should any of the above provisions be invalid, partially invalid or excluded by a special agreement, this shall not affect the validity of the remaining provisions.

b) In connection with the handling of the business relationship, the Client shall store personal data within the meaning of the Federal Data Protection Act (BDSG new) and the European General Data Protection Regulation (GDPR) and use it exclusively in the business interest.