Conditions
1. General – Scope
(1) These terms and conditions of sale apply only to entrepreneurs within the meaning of Section 310 paragraph 1 of the German Civil Code (BGB).
(2) These terms and conditions of sale apply exclusively; any terms and conditions of the customer that conflict with or deviate from these terms and conditions of sale will not be accepted. These terms and conditions of sale also apply if the delivery to the customer is carried out without reservation despite knowledge of the customer's terms and conditions that conflict with or deviate from these terms and conditions of sale.
(3) These Terms and Conditions of Sale also apply to all future transactions with the Customer.
2. Offer
(1) The product descriptions of the seller contained in this online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
(2) The customer can submit the offer via the online order form integrated in this online shop.
(3) If the order qualifies as an offer in accordance with Section 145 of the German Civil Code (BGB), it can be accepted by DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, within 2 weeks.
3. Prices – Terms of payment
(1) Unless otherwise stated in the order confirmation, the prices quoted are ex works, excluding packaging, which will be invoiced separately.
(2) If the customer's offer made in point 3 (1) has been accepted and the purchase price on which the calculation is based changes by more than 5% between the time of conclusion of the contract and the actual execution of the contract, DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, is entitled to pass this price increase on to the customer and adjust the offer accordingly. In this case, the customer is entitled to terminate the contract or withdraw from the contract within one week of receiving notification of the price increase.
(3) The statutory value added tax will be shown separately on the invoice at the statutory rate on the day of invoicing.
(4) The deduction of a discount requires a special written agreement.
(5) Unless otherwise stated in the order confirmation, the purchase price is due for payment net (without deduction) within 30 days of the invoice date. The statutory rules regarding the consequences of late payment apply.
(6) The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been acknowledged. In addition, he is entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
4. Reservation of self-supply
In the event that delivery difficulties arise despite the conclusion of a hedging transaction for which DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, is not responsible, the provider reserves the right to withdraw. In this case, the customer will be informed immediately in writing. If necessary, the customer will be offered the delivery of comparable goods. In the event that no comparable product is available or the customer does not want the delivery of comparable goods, the service paid by the customer to date will be refunded immediately.
5. Delivery time
(1) The start of the specified delivery period requires that all technical questions have been clarified.
(2) Compliance with the delivery obligation also requires the timely and proper fulfillment of the customer's obligations. The right to object to non-fulfillment of the contract remains reserved.
(3) If the customer defaults on acceptance or culpably violates other obligations to cooperate, DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, is entitled to demand compensation for the resulting damage, including any additional expenses. Further claims remain reserved.
(4) If the conditions of paragraph (3) are met, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the time at which the customer defaults on acceptance or payment.
(5) Liability shall be in accordance with the statutory provisions if the underlying purchase contract is a fixed-term transaction within the meaning of Section 286 Paragraph 2 No. 4 of the German Civil Code (BGB) or Section 376 of the German Commercial Code (HGB). Liability shall also be in accordance with the statutory provisions if, as a result of a delay in delivery for which we are responsible, the customer is entitled to assert that his interest in the further performance of the contract has ceased.
(6) Liability shall also be assumed in accordance with the statutory provisions if the delay in delivery is due to an intentional or grossly negligent breach of contract for which DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, is responsible; any fault on the part of the representatives or vicarious agents of DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, is attributable. If the delay in delivery is not due to an intentional breach of contract for which DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, is responsible, liability for damages is limited to the foreseeable, typically occurring damage.
(7) Liability also applies in accordance with the statutory provisions if the delay in delivery for which DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, is responsible is based on the culpable breach of an essential contractual obligation; in this case, however, liability for damages is limited to the foreseeable, typically occurring damage. An essential contractual obligation is understood to be a contractual obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely.
(8) Further legal claims and rights of the customer remain reserved.
6. Transfer of risk – packaging costs
(1) Unless otherwise stated in the order confirmation, delivery is agreed “ex warehouse”.
(2) Separate agreements shall apply to the return of packaging.
(3) If the customer so wishes, DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, will cover the delivery with transport insurance; the customer shall bear the costs incurred in this regard.
7. Liability for defects
(1) The customer’s claims for defects presuppose that the customer has properly fulfilled its obligations to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code (HGB).
(2) If the purchased item is defective, DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, is entitled to subsequent performance in the form of remedying the defect or delivering a new, defect-free item. The choice of the form of subsequent performance is at the discretion of DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber. In the event of remedying the defect, DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, will only bear the costs up to the amount of the purchase price.
(3) If the subsequent performance fails, the customer is entitled, at his discretion, to demand withdrawal or reduction of the price. In addition, the customer is entitled to demand compensation, the extent of which is determined in accordance with sections 7. (4) ff.
(4) Liability shall be in accordance with the statutory provisions if the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of representatives or vicarious agents of DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber. To the extent that DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, is not accused of intentional breach of contract, liability for damages is limited to the foreseeable, typically occurring damage.
(5) Liability shall be in accordance with the statutory provisions if DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, has culpably breached a material contractual obligation; in this case, however, liability for damages is limited to the foreseeable, typically occurring damage. A material contractual obligation is understood to be a contractual obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely.
(6) To the extent that the customer is entitled to compensation for damages instead of performance, liability is also limited within the scope of paragraph (3) to compensation for foreseeable, typically occurring damages.
(7) Liability for culpable injury to life, body or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.
(8) Unless otherwise provided above, liability is excluded.
(9) The limitation period for claims for defects shall be 12 months from the transfer of risk.
(10) The limitation period in the case of delivery recourse pursuant to Sections 478 and 479 of the German Civil Code (BGB) remains unaffected; it shall be five years, calculated from the delivery of the defective item.
(11) In the event that the customer returns the purchased goods to DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, stating that they are defective and the inspection reveals that these goods are free of defects, DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, is entitled to assert a claim for reimbursement of expenses in the event of a culpable breach of contract. After notification of the amount of the claim, the customer is entitled to assert that a claim for reimbursement of expenses has not arisen or has not arisen to this amount.
(12) In the event of the assertion of a claim for reimbursement of expenses in accordance with clause 7. (11), DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, is entitled to assert a right of retention until this claim has been settled.
8. Total liability
(1) Any liability for damages beyond that provided for in Section 7 is excluded, regardless of the legal nature of the claim asserted. This applies in particular to claims for damages arising from negligence when concluding the contract, other breaches of duty or tortious claims for compensation for property damage in accordance with Section 823 of the German Civil Code (BGB).
(2) The limitation pursuant to paragraph (1) shall also apply if the customer demands reimbursement of wasted expenditure instead of a claim for compensation for damages or instead of performance.
(3) To the extent that liability for damages towards DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, is excluded or limited, this also applies with regard to the personal liability for damages of the employees, workers, staff, representatives and vicarious agents of DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber.
9. Retention of title
(1) Ownership of the purchased item is reserved until all payments from the delivery contract have been received. If the customer breaches the contract, in particular if payment is delayed, DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, is entitled to take back the purchased item. Taking back the purchased item constitutes a withdrawal from the contract. DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, is entitled to dispose of the purchased item after taking it back; the proceeds from the disposal are to be credited to the customer's liabilities - less reasonable disposal costs.
(2) The customer is obliged to treat the purchased item with care.
(3) In the event of seizures or other interventions by third parties, the customer must immediately notify DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, in writing so that a lawsuit can be filed in accordance with Section 771 of the Code of Civil Procedure. If the third party is unable to reimburse the judicial and extrajudicial costs of a lawsuit in accordance with Section 771 of the Code of Civil Procedure, the customer is liable for the resulting loss.
(4) The customer is entitled to resell the purchased item in the ordinary course of business; however, he hereby assigns all claims in the amount of the final invoice amount (including VAT) of this claim that arise from the resale against his customers or third parties, regardless of whether the purchased item was resold without or after processing. The customer remains authorized to collect this claim even after the assignment. The authority of DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, to collect the claim itself remains unaffected. DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, undertakes, however, not to collect the claim as long as the customer meets his payment obligations from the proceeds received, does not fall into arrears and, in particular, no application has been made to open composition or insolvency proceedings or payments have been suspended. However, if this is the case, the customer may be required to disclose the assigned claims and their debtors, provide all information necessary for collection, hand over the relevant documents and inform the debtors (third parties) of the assignment.
(5) The processing or transformation of the purchased item by the customer is always carried out for DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber. If the purchased item is processed with other items that do not belong to DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, acquires joint ownership of the new item in proportion to the value of the purchased item (final invoice amount, including VAT) to the other processed items at the time of processing. In all other respects, the same applies to the item created through processing as to the purchased item delivered subject to reservation.
(6) If the purchased item is inseparably mixed with other items that do not belong to DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, acquires co-ownership of the new item in proportion to the value of the purchased item (final invoice amount, including VAT) to the other mixed items at the time of mixing. If the mixing takes place in such a way that the customer's item is to be regarded as the main item, it is deemed agreed that the customer transfers co-ownership to DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, on a pro rata basis. The customer shall safeguard the sole ownership or co-ownership thus created for DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber.
(7) The customer also assigns to DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, the claims to secure the claims of DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, against him, which arise from the connection of the purchased item with a property against a third party.
(8) DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, undertakes to release the securities to which it is entitled at the customer's request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%; the selection of the securities to be released is the responsibility of DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber.
10. Place of jurisdiction – place of performance
(1) If the customer is a merchant, the place of jurisdiction is the registered office of DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber; however, DDHT GmbH & Co. KG is also entitled to sue the customer at the court of his place of residence.
(2) The law of the Federal Republic of Germany shall apply, excluding, however, all legal norms that refer to another legal system and excluding the UN Convention on Contracts for the International Sale of Goods (CISG of 11 April 1980).
(3) Unless otherwise stated in the order confirmation, the place of performance is the registered office of DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber
(1) These terms and conditions of sale apply only to entrepreneurs within the meaning of Section 310 paragraph 1 of the German Civil Code (BGB).
(2) These terms and conditions of sale apply exclusively; any terms and conditions of the customer that conflict with or deviate from these terms and conditions of sale will not be accepted. These terms and conditions of sale also apply if the delivery to the customer is carried out without reservation despite knowledge of the customer's terms and conditions that conflict with or deviate from these terms and conditions of sale.
(3) These Terms and Conditions of Sale also apply to all future transactions with the Customer.
2. Offer
(1) The product descriptions of the seller contained in this online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
(2) The customer can submit the offer via the online order form integrated in this online shop.
(3) If the order qualifies as an offer in accordance with Section 145 of the German Civil Code (BGB), it can be accepted by DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, within 2 weeks.
3. Prices – Terms of payment
(1) Unless otherwise stated in the order confirmation, the prices quoted are ex works, excluding packaging, which will be invoiced separately.
(2) If the customer's offer made in point 3 (1) has been accepted and the purchase price on which the calculation is based changes by more than 5% between the time of conclusion of the contract and the actual execution of the contract, DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, is entitled to pass this price increase on to the customer and adjust the offer accordingly. In this case, the customer is entitled to terminate the contract or withdraw from the contract within one week of receiving notification of the price increase.
(3) The statutory value added tax will be shown separately on the invoice at the statutory rate on the day of invoicing.
(4) The deduction of a discount requires a special written agreement.
(5) Unless otherwise stated in the order confirmation, the purchase price is due for payment net (without deduction) within 30 days of the invoice date. The statutory rules regarding the consequences of late payment apply.
(6) The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been acknowledged. In addition, he is entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
4. Reservation of self-supply
In the event that delivery difficulties arise despite the conclusion of a hedging transaction for which DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, is not responsible, the provider reserves the right to withdraw. In this case, the customer will be informed immediately in writing. If necessary, the customer will be offered the delivery of comparable goods. In the event that no comparable product is available or the customer does not want the delivery of comparable goods, the service paid by the customer to date will be refunded immediately.
5. Delivery time
(1) The start of the specified delivery period requires that all technical questions have been clarified.
(2) Compliance with the delivery obligation also requires the timely and proper fulfillment of the customer's obligations. The right to object to non-fulfillment of the contract remains reserved.
(3) If the customer defaults on acceptance or culpably violates other obligations to cooperate, DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, is entitled to demand compensation for the resulting damage, including any additional expenses. Further claims remain reserved.
(4) If the conditions of paragraph (3) are met, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the time at which the customer defaults on acceptance or payment.
(5) Liability shall be in accordance with the statutory provisions if the underlying purchase contract is a fixed-term transaction within the meaning of Section 286 Paragraph 2 No. 4 of the German Civil Code (BGB) or Section 376 of the German Commercial Code (HGB). Liability shall also be in accordance with the statutory provisions if, as a result of a delay in delivery for which we are responsible, the customer is entitled to assert that his interest in the further performance of the contract has ceased.
(6) Liability shall also be assumed in accordance with the statutory provisions if the delay in delivery is due to an intentional or grossly negligent breach of contract for which DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, is responsible; any fault on the part of the representatives or vicarious agents of DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, is attributable. If the delay in delivery is not due to an intentional breach of contract for which DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, is responsible, liability for damages is limited to the foreseeable, typically occurring damage.
(7) Liability also applies in accordance with the statutory provisions if the delay in delivery for which DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, is responsible is based on the culpable breach of an essential contractual obligation; in this case, however, liability for damages is limited to the foreseeable, typically occurring damage. An essential contractual obligation is understood to be a contractual obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely.
(8) Further legal claims and rights of the customer remain reserved.
6. Transfer of risk – packaging costs
(1) Unless otherwise stated in the order confirmation, delivery is agreed “ex warehouse”.
(2) Separate agreements shall apply to the return of packaging.
(3) If the customer so wishes, DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, will cover the delivery with transport insurance; the customer shall bear the costs incurred in this regard.
7. Liability for defects
(1) The customer’s claims for defects presuppose that the customer has properly fulfilled its obligations to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code (HGB).
(2) If the purchased item is defective, DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, is entitled to subsequent performance in the form of remedying the defect or delivering a new, defect-free item. The choice of the form of subsequent performance is at the discretion of DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber. In the event of remedying the defect, DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, will only bear the costs up to the amount of the purchase price.
(3) If the subsequent performance fails, the customer is entitled, at his discretion, to demand withdrawal or reduction of the price. In addition, the customer is entitled to demand compensation, the extent of which is determined in accordance with sections 7. (4) ff.
(4) Liability shall be in accordance with the statutory provisions if the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of representatives or vicarious agents of DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber. To the extent that DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, is not accused of intentional breach of contract, liability for damages is limited to the foreseeable, typically occurring damage.
(5) Liability shall be in accordance with the statutory provisions if DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, has culpably breached a material contractual obligation; in this case, however, liability for damages is limited to the foreseeable, typically occurring damage. A material contractual obligation is understood to be a contractual obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely.
(6) To the extent that the customer is entitled to compensation for damages instead of performance, liability is also limited within the scope of paragraph (3) to compensation for foreseeable, typically occurring damages.
(7) Liability for culpable injury to life, body or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.
(8) Unless otherwise provided above, liability is excluded.
(9) The limitation period for claims for defects shall be 12 months from the transfer of risk.
(10) The limitation period in the case of delivery recourse pursuant to Sections 478 and 479 of the German Civil Code (BGB) remains unaffected; it shall be five years, calculated from the delivery of the defective item.
(11) In the event that the customer returns the purchased goods to DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, stating that they are defective and the inspection reveals that these goods are free of defects, DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, is entitled to assert a claim for reimbursement of expenses in the event of a culpable breach of contract. After notification of the amount of the claim, the customer is entitled to assert that a claim for reimbursement of expenses has not arisen or has not arisen to this amount.
(12) In the event of the assertion of a claim for reimbursement of expenses in accordance with clause 7. (11), DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, is entitled to assert a right of retention until this claim has been settled.
8. Total liability
(1) Any liability for damages beyond that provided for in Section 7 is excluded, regardless of the legal nature of the claim asserted. This applies in particular to claims for damages arising from negligence when concluding the contract, other breaches of duty or tortious claims for compensation for property damage in accordance with Section 823 of the German Civil Code (BGB).
(2) The limitation pursuant to paragraph (1) shall also apply if the customer demands reimbursement of wasted expenditure instead of a claim for compensation for damages or instead of performance.
(3) To the extent that liability for damages towards DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, is excluded or limited, this also applies with regard to the personal liability for damages of the employees, workers, staff, representatives and vicarious agents of DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber.
9. Retention of title
(1) Ownership of the purchased item is reserved until all payments from the delivery contract have been received. If the customer breaches the contract, in particular if payment is delayed, DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, is entitled to take back the purchased item. Taking back the purchased item constitutes a withdrawal from the contract. DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, is entitled to dispose of the purchased item after taking it back; the proceeds from the disposal are to be credited to the customer's liabilities - less reasonable disposal costs.
(2) The customer is obliged to treat the purchased item with care.
(3) In the event of seizures or other interventions by third parties, the customer must immediately notify DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, in writing so that a lawsuit can be filed in accordance with Section 771 of the Code of Civil Procedure. If the third party is unable to reimburse the judicial and extrajudicial costs of a lawsuit in accordance with Section 771 of the Code of Civil Procedure, the customer is liable for the resulting loss.
(4) The customer is entitled to resell the purchased item in the ordinary course of business; however, he hereby assigns all claims in the amount of the final invoice amount (including VAT) of this claim that arise from the resale against his customers or third parties, regardless of whether the purchased item was resold without or after processing. The customer remains authorized to collect this claim even after the assignment. The authority of DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, to collect the claim itself remains unaffected. DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, undertakes, however, not to collect the claim as long as the customer meets his payment obligations from the proceeds received, does not fall into arrears and, in particular, no application has been made to open composition or insolvency proceedings or payments have been suspended. However, if this is the case, the customer may be required to disclose the assigned claims and their debtors, provide all information necessary for collection, hand over the relevant documents and inform the debtors (third parties) of the assignment.
(5) The processing or transformation of the purchased item by the customer is always carried out for DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber. If the purchased item is processed with other items that do not belong to DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, acquires joint ownership of the new item in proportion to the value of the purchased item (final invoice amount, including VAT) to the other processed items at the time of processing. In all other respects, the same applies to the item created through processing as to the purchased item delivered subject to reservation.
(6) If the purchased item is inseparably mixed with other items that do not belong to DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, acquires co-ownership of the new item in proportion to the value of the purchased item (final invoice amount, including VAT) to the other mixed items at the time of mixing. If the mixing takes place in such a way that the customer's item is to be regarded as the main item, it is deemed agreed that the customer transfers co-ownership to DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, on a pro rata basis. The customer shall safeguard the sole ownership or co-ownership thus created for DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber.
(7) The customer also assigns to DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, the claims to secure the claims of DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, against him, which arise from the connection of the purchased item with a property against a third party.
(8) DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber, undertakes to release the securities to which it is entitled at the customer's request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%; the selection of the securities to be released is the responsibility of DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber.
10. Place of jurisdiction – place of performance
(1) If the customer is a merchant, the place of jurisdiction is the registered office of DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber; however, DDHT GmbH & Co. KG is also entitled to sue the customer at the court of his place of residence.
(2) The law of the Federal Republic of Germany shall apply, excluding, however, all legal norms that refer to another legal system and excluding the UN Convention on Contracts for the International Sale of Goods (CISG of 11 April 1980).
(3) Unless otherwise stated in the order confirmation, the place of performance is the registered office of DDHT GmbH & Co. KG, owner Dr. Dr. (PhD-UCN) J. Lechner, R. Huber