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General Terms and Conditions of Business Informations

Dr.-Ing. Paul Christiani GmbH & Co. KG Technisches Lehrinstitut und Verlag, legally represented by Christiani Verwaltungs GmbH, itself represented by its Managing Directors Ralf Detzel, Helmut Fromm and Ludwig Pfister, hereinafter referred to as Christiani, Hermann-Hesse-Weg 2, 78464 Konstanz

I. Sphere of application
These General Terms and Conditions of Business, in the latest version as at the date of conclusion of the contract in question, always apply to all mutual claims arising out of and in connection with a contract concluded between the Customer and Christiani.

II. Object of the contract
Christiani shall supply the goods ordered by the Customer following acceptance of a quotation. Should Christiani find subsequently that an error has occurred at Christiani, e.g. in the details of a product, a price or availability for delivery, Christiani will inform the Customer of this immediately. The Customer may then confirm the order subject to the changed conditions; if not, Christiani is entitled to withdraw from the contract. No further claims may be made in this context.

III. Conclusion of contract
A contract in respect of an item or service offered comes into existence on acceptance of the offer of the contract by Christiani. The Customer shall be informed of acceptance of its request for a contract either by means of confirmation by Christiani of the order or, at the latest, by means of delivery of the goods ordered.

IV. Return/replacement (only applies to traders)
If Christiani agrees to the return or replacement of goods in individual cases, the Customer is obliged to prepare the goods within 48 hours for dispatch or collection by Christiani or its agents. The Customer is not entitled to return the goods under its own initiative. In the case of orders for less than EUR 40.00, the Customer shall bear the cost of the return unless the goods are not in line with those ordered.

V. Subject to availability
Should Christiani become aware after conclusion of the contract that the goods ordered are no longer available from Christiani or cannot be supplied on legal grounds, Christiani may either offer goods or services equal in quality and price or withdraw from the contract. The offer of an alternative delivery or withdrawal takes effect immediately, no later than within 6 working days of receipt of the Customer's offer. Any payments already made shall be reimbursed by Christiani immediately on withdrawal from the contract by Christiani or the Customer.

VI. Delivery
Delivery of the goods is at the expense and risk of the Customer, ex works Christiani, unless the Customer is a consumer. In the case of orders above EUR 260, Christiani shall bear all costs of delivery as far as the destination within this country, provided the carrier is specified by Christiani. Exceptions to this are consignments where a package exceeds either the maximum dimensions or maximum weight of a Europack (DHL) or package (UPS), for example equipment for fitting out specialist rooms, teaching systems, machines and training stands. In these cases, Christiani is entitled to invoice delivery costs even in the case of orders with a value in excess of EUR 260. The actual delivery cost of consignments sent abroad will be charged.

For orders below EUR 260, Christiani will invoice:
1. For loose-leaf binders, books, CD-ROMs and past examination questions, a delivery cost contribution of EUR 4.64 including VAT.
2. For all other products, the actual delivery costs.

Christiani will not charge for additional deliveries if it is at fault. Missing boxes or damage in transit must be notified by the Customer to the responsible post office or transport company within 24 hours. This also applies to damage caused despite proper packaging. Compensation can only be paid on submission of the record of this.

VII. Prices
The prices for books are inclusive of VAT at the statutory rate; the prices for all other products are exclusive of VAT at the statutory rate. The prices are binding and deliveries both home and abroad are ex works in Euros. Christiani seeks to establish long-term contracts with suppliers in order to guarantee the prices for the period of validity of the catalogue. Upward or downward price adjustments may be made in the case of extreme variations in exchange rates or other economic developments. The current prices as at the date of order shall apply. Invoices are payable within 14 days of the date of invoice with a 2% discount or within 30 days without deduction. Products from our publishing house (books, magazines and other book trade items) are excluded from the discount. In exceptional cases, we reserve the right to request payment in advance. The invoice shows the net price for the goods, together with the price of any additions: packaging, dispatch, insurance, VAT applicable at the time the invoice is issued, etc.

VIII. Reservation of title
Christiani reserves the rights to all goods delivered to the Customer until full and final payment has been made for the goods delivered. Where Christiani replaces an item under the warranty, it is hereby agreed that the ownership of the goods replaced passes to Christiani at the moment the Customer receives the replacement.

IX. Warranty
Christiani warrants that the products are, at the moment of transfer of risk, free from material defects and defective title. If the Customer is not a consumer, he must check the goods immediately on receipt of the consignment for completeness and any defects, and, if any defects are found, must notify Christiani of these no later than within one week of receipt. If there is a defect, the purchaser is entitled to demand rectification. If the rectification fails twice, the Customer is entitled to reduce the purchase price or withdraw from the contract. Further claims, in particular claims for compensation, are excluded, regardless of the legal basis. This limitation of liability does not apply provided the claim for compensation is due to malicious intent or gross negligence on the part of Christiani, or to personal injury. This is without prejudice to claims by the Customer arising from warranty declarations by the manufacturer of technical products included with the products. The length of the warranty is 12 months, or in the case of legal transactions with consumers, 2 years. Christiani only accepts warranty obligations relating to the individual goods ordered from it, but not for aggregated entities unless this has been expressly agreed with the Customer.

X. Liability
Christiani, its management and employees are only liable within the scope of the foregoing provisions, augmented by the compelling legal provisions. The liability for Christiani employees is limited to typical foreseeable damages; consequential damages are excluded. According to the current state of the art, neither data processing systems nor software always offer error-free operation. Accordingly, Christiani cannot technically ensure the unconditionally fault-free operation of the online trading system. The imponderables of the Internet itself must also be taken into account. Christiani is therefore not liable for damages due to the fact that offers to purchase sent by the customer may not have been received by Christiani or have been overlooked there, due to technical defects. This excludes any malicious intent by Christiani. This is without prejudice to any liability by Christiani in accordance with the product liability laws.

XI. Data protection
Christiani guarantees that it will only obtain, process, save and use any customer data provided with orders in connection with the processing of that order. Christiani will only pass on customer data to connected companies for the purpose of order processing.

XII. Choice of law
The legal relations between Christiani and the Customer and the relevant Terms and Conditions of Business are governed by German law. The UN Convention on the International Sale of Goods of 11.04.1988 does not apply. The provisions of the foregoing paragraph are without prejudice to any compelling provisions of the law of the state in which the Customer is domiciled, if and to the extent that the Customer has concluded a purchase contract, that cannot be assigned to the Customer's professional or commercial activities (consumer contract) and provided the Customer has undertaken the legal negotiations required for the conclusion of the purchase contract in the state of its usual domicile.

XIII. Miscellaneous provisions
The Customer has no right of set-off or retention unless the claim is undisputed or has been definitively confirmed in a court of law. For businesses, the place of performance for both payments and deliveries is the location of the Christiani headquarters. Should any individual provisions of this contract be wholly or partially invalid, or if they subsequently lose their validity, this shall not affect the validity of the remainder of the contract. In this case, the parties undertake to replace the invalid provision with a valid provision that, so far as legally possible, most closely approximates to the economic purpose of the invalid provision, taking account of the interests of the parties as evident from this contract. The same applies should the contract be found to contain any omissions not intended by one of the parties.

The exclusive place of jurisdiction is Konstanz or another legal place of jurisdiction at the discretion of Christiani, provided the Customer is a merchant as provided by the German Commercial Code or a corporate body under public law.

Correct as of: 14.07.2015