Terms and Conditions and Software License Agreement 08/2023

General Terms and Conditions of r2deiexmachina GmbH (as of 08/2023)

1. Scope
These General Terms and Conditions ("Terms") apply to all business relations between the r2 dei ex machina GmbH, Niemandsberg 77, 75196 Remchingen, Germany (hereinafter: "r2 dei ex machina ") with you as a customer (hereinafter referred to as "buyer", this term being gender neutral is).
For the business relationship between r2 dei ex machina and the buyer, the following terms and conditions apply exclusively in their version valid at the time of the order. Deviating conditions of the buyer are not recognized. Even if r2 dei ex machina refers to a letter that contains or refers to terms and conditions of the buyer or a third party, this does not constitute acceptance of the validity of these terms and conditions. These are valid only if they have been confirmed in writing by r2 dei ex machina .
These terms and conditions apply only if the buyer is an entrepreneur (§ 14 BGB).
For the acquisition of a software license also apply separate terms and conditions (general terms and conditions of r2 dei ex machina UG for the purchase of a software license). These are provided as an appendix to these Terms.

2. Conclusion of contract
The offer is based on r2 dei ex machina and can be made in writing or in text form (for example by e-mail). The offer is valid for 30 days ("Offer Period").
The purchase contract is concluded when the buyer accepts the offer of r2 dei ex machina within the offer period by a clear and binding declaration in written or text form and announces it by the deadline.
r2 dei ex machina then immediately confirms the purchase to the buyer by e-mail to the e-mail address provided by the buyer.
Order processing and contacting usually takes place via e-mail. The buyer must ensure that the e-mail address provided by him for the order processing is correct and that the e-mails sent by r2 dei ex machina to the buyer can be received at this address. When using SPAM filters, the buyer must ensure that all e-mails sent by r2 dei ex machina can be delivered.
All recorded data is processed under data protection law for the processing of this and other orders. Further information about the protection of your data can be found in the privacy policy of r2 dei ex machina 's website.

The offers of r2 dei ex machina are always non-binding. Contracts and other agreements, in particular verbal side agreements and assurances of employees or representatives, shall only become binding upon confirmation by r2 dei ex machina in written or electronic form. Illustrations in catalogs, brochures and on the website are not binding. Changes in execution are reserved.
Obvious errors, typographical, printing or arithmetic errors are not binding for r2 dei ex machina . In the case of a calculation error r2 dei ex machina is entitled to correct the prices stated by r2 dei ex machina . In this case, the buyer is entitled to withdraw from the contract by giving notice in writing or electronically to r2 dei ex machina within one week, after he has been informed thereof. Other claims are excluded.
If third party financing of the purchase price is envisaged, r2 dei ex machina is entitled to demand proof of financing prior to delivery.

3. Quantities and dimensions
All quantities in orders of the buyer are based on information provided by the buyer.
If deviations subsequently emerge, additional costs incurred by the purchaser shall be borne by the purchaser, unless the deviations are based on a fault attributable to r2 dei ex machina.

4. Prices
The purchase price depends on the price specified by r2 dei ex machina in the offer or the respectively valid price list.
r2 dei ex machina is bound by the agreed prices since the contract was concluded for four months. Thereafter, the calculation is made to the respective price lists or daily prices of r2deiexmachina. Should the list price or daily price be more than 3% above the agreed price, the buyer is entitled to withdraw from the contract. For fixed prices agreed in writing or in electronic form, the fixed price only applies if the goods are accepted on time.
The prices are exclusive of statutory value added tax.

5. Payments and billing
Unless otherwise agreed in writing, the delivery of the software dongle with invoicing, the provision of the link to the software download after receipt of payment.
If, after the conclusion of the contract, there is a material deterioration in the financial circumstances of the purchaser which jeopardizes r2 dei ex machina's claim for the consideration, r2 dei ex machina can refuse its services even if the counter-performance is required until the counter-performance or r2 dei ex machina security has been provided. If the buyer is neither prepared to perform the order or the provision of the security despite a reasonable notice, r2deiemachina is entitled to withdraw from the contract. The legal rights to rescind according to §§ 323, 324 BGB as well as to damages according to § 325 BGB remain unaffected.
Accepted payment method is bank transfer.

6. Delivery times and dates
Delivery periods and dates are only approximate, unless r2 dei ex machina have described them as binding in writing and expressly. The delivery period begins on the day of the order confirmation, but not before clarification of all technical and commercial details and presentation of any necessary approvals. Any changes requested by the purchaser within the delivery period in the execution of the delivery item interrupt and extend the delivery period accordingly.
In the event of unforeseen events, force majeure and non-delivery by the subcontractors, the purchaser is entitled to rescind the contract if the delivery period is exceeded after setting a reasonable grace period with a threat of refusal.
Partial deliveries and partial services are permitted and can not be rejected by the buyer.
If r2 dei ex machina is in default with the contractual performance, the purchaser can set r2 dei ex machina a reasonable grace period in written or electronic form and declare that he refuses acceptance of the service after expiry of the grace period. After expiry of this grace period, the buyer is entitled to claim damages for non-performance and / or to withdraw from the contract if the service has not been provided on time. The deadline is dispensable in the cases of § 323 Abs. 2 BGB. The legal right of withdrawal of the buyer according to § 324 BGB remains untouched. The right to fulfillment is excluded in case of withdrawal or claim for damages. If the service is partially not effected by the expiry of the period specified in the aforementioned sentence 1, the buyer shall only be entitled to claim damages for non-performance of the entire liability in accordance with §§ 280 if the partial fulfillment of the contract is not of interest to him Abs. 3, 281 BGB and / or to withdraw from the entire contract. Withdrawal and claim for damages is excluded if the buyer is solely or predominantly responsible for the non-performance or poor performance or is in default of acceptance of the delivery. The resignation is also excluded if the defect of the service is insignificant.
Should r2 dei ex machina's obligations be necessary to fulfill the obligations of r2 dei ex machina (for example, for the installation of an installation), r2 dei ex machina will draw attention to this upon submission of the offer. The requirements will also be part of the contract. If the buyer has not complied with the obligatory preparations upon delivery, r2deiemachina can charge its expenses to the customer in accordance with the current terms of service.

7. Acceptance of the delivery item
Call-off orders are to be processed by call within 12 months, otherwise r2deiemachina is entitled to make an additional charge if price increases have occurred in the meantime.

8. Shipping and risk transfer
The delivery of the delivery item is at the risk of the buyer. The risk passes to the buyer as soon as r2 dei ex machina has handed over the delivery item to the freight forwarder. If the dispatch is delayed by a behavior of the buyer, then the danger already with the announcement of the dispatch readiness on the buyer over.

9. Retention of title
The delivery item remains the property of r2 dei ex machina (reserved goods) until fulfillment of all claims, for whatever legal reason, even if payments have been made for specially designated claims. In the case of a current account, the reserved property shall be deemed to secure the balance claim.
If r2 dei ex machina withdraws from the contract due to late payment, the buyer is obliged to surrender the reserved goods. The right of ownership of the buyer expires if he does not fulfill his obligations under this or any other contract with r2 dei ex machina or only partially. In the case of withdrawal r2 dei ex machina is entitled due to the retention of title to enter the business or practice premises of the buyer after prior notice, take away the delivered goods and use them by direct sale to offset the open purchase price claim less costs incurred in the best possible way. Should the subject matter of the contract exhibit unusual signs of wear at this point in time, r2 dei ex machina has to invoice the right for the impairment.The buyer is entitled to process the goods subject to retention of title within the scope of proper business conduct and to sell the processed goods, provided that he is not in default of payment, the processor property passes with his origin to secure our claims on r2 dei ex machina and the claim from a resale acc , Para. 8.3 is assigned to r2 dei ex machina . The buyer is not entitled to other dispositions, pledges or assignments of ownership over the reserved goods. The resale is the same as the use of the reserved goods for the fulfillment of other works or works delivery contracts by the buyer.
The claims of the buyer arising from the resale of the reserved goods are now assigned to r2 dei ex machina in the amount of the invoice value of the claim in addition to all ancillary rights. They serve to secure our claims to the same extent as the reserved goods. If the reserved goods are sold by the buyer together with other goods not belonging to r2 dei ex machina , the claim will only be assigned to r2 dei ex machina in the amount of our invoice amount.
The buyer is entitled to collect the claim arising from the resale up to a revocation which is permissible at any time within the scope of the purpose of the backup, as long as he is not in default of r2 dei ex machina . At our request, which is valid at any time, he is obliged to inform his customers immediately of the assignment to r2 dei ex machina and to give r2 dei ex machina the necessary information.
The buyer must notify r2 dei ex machina immediately of a seizure or other impairment of the reserved goods by a third party.
If the realizable value of the collateral existing for r2 dei ex machina not only temporarily exceeds the claims of r2 dei ex machina by a total of more than 20%, r2 dei ex machina will, at the request of the purchaser, release collateral in the corresponding amount of its own choice.

10. Claims for defects and warranty
The purchaser must immediately inspect the delivery item for obvious defects upon receipt, with due care and under the circumstances provided, and notify r2 dei ex machina immediately if this is the case. Otherwise the liability for these defects is excluded. The same applies if later such a defect shows. § 377 HGB applies.
In the case of a material defect of the delivery item r2 dei ex machina is initially entitled to supplementary performance. The supplementary performance is made at our option either by eliminating the defect or replacement delivery of a defect-free purchase object at our expense against return of the defective object of purchase. The Buyer's right to reduce the purchase price and withdraw from the contract remains in the event of failure to remedy the defect.
For used items no warranty is accepted. Damage caused by improper handling is not subject to our warranty obligation.
If on the part of the buyer or by third parties - without our consent - interventions in the products supplied by r2 dei ex machina are carried out, in particular improper repairs carried out or products of third parties are used, cultivated or operated with our products, r2 dei ex machina makes no guarantee.
If r2 dei ex machina does not fulfill the supplementary performance obligation on time or in accordance with the contract, then the buyer has the right to reduce the purchase price or, at his option, to withdraw from the contract against return of the purchased item. A right of withdrawal does not exist for insignificant defects.
Remedial claims become time-barred within one year. This does not apply if r2 dei ex machina is responsible for the defect due to intent.
Other or further warranty claims are excluded. The rights of the buyer remain unaffected by any guarantee of quality or durability assumed by r2 dei ex machina.
The warranty period is 1 year from delivery. The requirements for merchants according to the German Commercial Code apply primarily.
Excluded from this warranty period according to No. 10.8. Set of terms and conditions are warranty claims that are based on a real right of a third party to the object of delivery. Insofar as the delivery item has been supplied by the subcontractor with a longer warranty period, this also applies between r2 dei ex machina and the buyer, including the beginning and end of the period agreed in relation to the subcontractor.

11. Cancellation
You have the right to cancel this contract within 14 (fourteen) days without giving any reason. The cancellation period begins 14 (fourteen) days from the date of the conclusion of the contract or from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. For partial deliveries of goods resulting from a single order, the day of the last delivery shall apply accordingly.
To exercise your right of withdrawal, you must (r2 dei ex machina GmbH, Niemandsberg 77, 75196 Remchingen, go@r2deiexmachina.com) by means of a clear statement (eg, a letter sent by mail or e-mail) about your decision, this contract to revoke, inform. If you make use of this option, we will promptly (for example by e-mail) send you a confirmation of receipt of such revocation.
To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within 14 (fourteen) days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us (r2 dei ex machina GmbH, Niemandsberg 77, 75196 Remchingen, Germany) immediately and in any event no later than 14 (fourteen) days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of 14 (fourteen) days.
You bear the cost of the return.

12. General limitation of liability and statute of limitations
Unless otherwise provided in these conditions, r2 dei ex machina is liable for damages for breach of contractual, pre-contractual or non-contractual obligations only in case of intent or gross negligence. Excluded are injuries to life, body and health of the buyer.
All claims against r2 dei ex machina that are not based on tort or deliberate breach of duty become statute-barred no later than one year from the due date. Excluded are injuries to life, body and health of the buyer. For these claims, the statutory limitation periods apply.
The above provisions shall not affect claims for personal injury or damage to privately used property under the Product Liability Act.
The above limitations of liability do not apply if the buyer has fraudulently concealed a defect or has accepted a guarantee for the quality of the goods. Liability under the Product Liability Act remains unaffected by these provisions.

13. Invoicing
The invoice is sent in paper form. In principle, it entitles you to deduct input tax.
Invoices are issued in accordance with the required information in accordance with § 14 UstG paragraph 4 on the name of the specified at the time of the order beneficiary. Subsequent change requests that are not based on incorrect address transfer can not be taken into account. A transfer to another bill recipient is therefore not possible.

14. Final provisions
The place of jurisdiction for all disputes arising out of and in connection with these GTC is the registered office of r2deiexmachina. This is currently Remchingen.
This contract is written in German.
German law is applicable to this contract, excluding any provisions that refer to the law of another country. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods of 11.4.1980 (UN Sales Convention) does not apply.
Changes and additions to these terms and conditions must be made in writing. This formal requirement can only be changed by written agreement.
In the event of a regulatory loophole, the parties to the contract undertake to replace the missing provision by a contractual provision that corresponds to the consensus of the parties. The same applies if a regulatory gap arises because a provision is ineffective or void and no statutory provision is available to fill the regulatory gap.

Attachment

General Terms and Conditions of r2 dei ex machina GmbH for the purchase of a software license (as of 08/2023)

1. Scope
1.1 These General Terms and Conditions ("Terms") apply to all business relations between the r2 dei ex machina GmbH, Niemandsberg 77, 75196 Remchingen, Germany (hereinafter: "r2 dei ex machina") with you as a customer (hereinafter referred to as "buyer", this term being gender neutral is).
1.2 For the business relationship between r2 dei ex machina and the buyer, the following terms and conditions apply exclusively in their version valid at the time of the order. Deviating conditions of the buyer are not recognized. Even if r2deiexmachina refers to a letter that contains or refers to terms and conditions of the buyer or a third party, this does not constitute acceptance of the validity of these terms and conditions. These are valid only if they have been confirmed in writing by r2deiexmachina.
1.3 These terms and conditions apply only if the buyer is an entrepreneur (§ 14 BGB). 

2. Subject of the contract - requirements for use
2.1 Subject of this contract is the permanent transfer of software (hereinafter: "contract software") including software documentation and the granting of the in paragraph 6 described usage rights.
2.2 Prerequisite for the use of the contract software are the following minimum system requirements:
- Windows 64-bit
- At least 500 MB of free file system storage, 2 GB recommended
- Processor at least 2 cores at 2 GHz, 4 cores at 2.5 GHz recommended
- Free RAM 8 GB, recommended 16 GB of RAM
- Free USB 2.0 port
- Minimum screen resolution 900 x 1200 pixels
2.3 The use of the contract software is only possible with a USB dongle.

3. Conclusion of contract
3.1 The offer is based on r2 dei ex machina and can be made in writing or in text form (for example by e-mail). The offer is valid for 30 days ("Offer Period").
3.2 The purchase contract is concluded when the buyer accepts the offer of r2 dei ex machina within the offer limit by a clear and binding declaration in written or text form.
3.3 r2 dei ex machina then immediately confirms the purchase to the buyer by e-mail to the e-mail address provided by the buyer.

4. Specifications
There are different software programs available. The service description refers exclusively to the variant named in the header.
4.1 BiteReg: BiteReg is a CAD software for creating bite templates, erection and function bases and bite forks as well as other bite registration aids. A widening of the field of application, deviating from the previously mentioned indications, lies outside of the appropriate determination of this software and must not take place.
In detail, the software offers the following scope of services:
- „Easy to use" order management
- Wizard guided process
- automatic cut-off detection
- additional blocking function "swish"
- fully automatic detection of the boundary line (prerequisite color scan)
- Blocking function Cylinder for construction of open base plates (implantology)
- individual area for additional piling (spacer) e.g. determinable at the palate seam
- Different edge design (dimensioning) freely determinable at each point
- rapid construction of retentions or holes by marking a complete area
- Punching in the patient name or the order number
- Possibility to integrate own geometries (with costs)
- STL and OBJ, PLY import 
- STL export
4.2 QualityCheck: The objective of this software development was to give the laboratory, the dental office or the milling center a quick and easy way to synchronize digital designs or scan data with each other or with each other. A state of the art best-fit algorithm enables stable and meaningful target-actual comparisons. Please note that the best-fit comparisons always depend on the data quality of the invited polygon meshes. The deviation analysis always requires interpretation and should not be seen as a fixed value.
In detail, this software offers the following scope of services:
- wizard led expiration
- automatic best-fit alignment
- Restriction of the fit area
- Meaningful color representation of the deviations
- generated test report with logo and screenshots
- Enter a shrinkage factor to match ZrO2 frameworks / data before sintering
- STL import
- PDF export
4.3 Fix-it-Erik: Fix-it-Erik is CAD software for creating models.In detail, the software offers the following scope of services:
- "easy to use" order management
- wizard-guided process
- free choice of socket type
- Apply (grow) to IOS scan possible
- Smoothing/applying/removing the entire model is possible
- load CAD data for a mock-up model
- individual choice of split
- cast geometry and magnet type
- creation of "digital" saw models 
- penetration protocol as a grinding aid for early contacts
- honeycomb structure specially developed for 3D printing
- stamping of patient name or order number
- creation of an individual model type database
- STL, OBJ, PLY import and open STL, PLY export
4.4 cadBack: CadBack is CAD software for reducing designed crown restorations (STL format) to support the ceramist in the microlayering technique. The user defines different areas on the crown data set. These are enamel, dentin, mamelons and transparent. The areas can be assigned different shrinkage values. Color mapping (combining STL data and digital photo) is used to achieve a color representation on the crown data set. The reduced crown framework is saved as an STL file.
4.5 The buyer also receives the software documentation in addition to the contract software.
4.6 The following services are not included in the contract software types and are not provided by the contract software or r2deiexmachina:
For the production of workpieces, a 3D printer or a CNC milling machine is required. These tools may require additional control software or application programs not included with the agreement software.
The installation of the contract software is not owed.
The instruction in the contract software is not owed. The purchaser may commission a training contract for the use of the contract software against a separate contractual agreement and compensation from r2 dei ex machina.
The further development of the contract software is not owed. This does not affect the rights of the buyer in the context of the material and legal defect liability.
With the software itself no dentures can be made.
The software is not suitable for use outside of dentistry and orthodontics.
4.7 The proper use of the contract software in the context of dental treatments or dental work requires a corresponding dental or dental technical training. The proper and professional use of the contractual software is the responsibility of the buyer.
4.8 The use risk for the use of the contract software is borne by the buyer.

5. Handover
5.1 r2 dei ex machina provides the contract software in executable, compiled form.
5.2 To the extent required by the license terms of the open source software used, the source code will be provided upon request; This offer is valid for 2 (two) years from the delivery of the contract software.
5.3 The contract software and the documentation are made available to the buyer by link to the software download. The associated license key is sent to the buyer in the form of a USB dongle.

6. Rights of use
6.1 The right of use is granted as a single license, ie the contract software may only run on 1 (one) computer per license. The contract software may be installed on several computers at the same time. Depending on the license, the contract software can therefore only be executed simultaneously on 1 (one) computer. It is forbidden to bypass the dongle protection.
6.2 The buyer is permanently entitled to duplicate the contract software for use on own computers in one location. The permissible acts of reproduction include the installation on a data carrier of a computer, as well as the necessary for running the contract software duplication actions such as loading into the RAM (memory), the CPU (processor) and the graphics memory to use the program as intended.
6.3 The right of use is granted to the buyer as non-exclusive, non-sublicensable and non-transferable right to use the contract software. The right of use is spatially limited to the territory of the Federal Republic of Germany.
6.4 The granting of rights is conditional on the date of the full purchase price payment. Until this time, r2deiexmachina agrees to the use of the contractual software in accordance with the above provisions. The above rights shall be granted in the event of the occurrence of the condition according to sentence 1 under the dissolving condition that r2 dei ex machina supplements or replaces the contractual software by means of supplementary performance or good will. If r2 dei ex machina supplements or replaces the contracted software, the purchaser has the same rights to the subsequently provided contractual software as to the supplemented or replaced software. Until the installation of the additional contracted software, r2deiemachina will tolerate the use of the previous version to the extent described. The buyer is obliged to return surplus USB dongles (for example, in case of loss) to r2 dei ex machina.
6.5 The purchaser may not pass on the contractual software and the rights granted to it for use to third parties without the prior consent of r2 dei ex machina, in particular not make them publicly available (including, but not limited to, the internet), rent or lease.
6.6 The contract software may not be processed, decompiled, reconstructed and disassembled by the buyer. Excluded is the decompilation to produce the interoperability of an independently created computer program pursuant to § 69e UrhG. Incidentally, the buyer may not make any changes to the contract software itself or by third parties. This also applies to the elimination of possible program errors.
6.7 The conditions listed under 6.6 are limited to the program parts with non-free licenses of the contract software.
6.8 The buyer may create a backup copy in accordance with § 69d Abs. 2 UrhG. The backup copy must be marked as such. If the buyer can prove that the original version is no longer discoverable or unusable, the backup copies the original.

7. Prices und terms of payment
7.1 The purchase price depends on the price specified by r2 dei ex machina in the offer.
7.2 Prices are exclusive of statutory value added tax.
7.3 The purchase price is due immediately.
7.4 Accepted payment method is bank transfer.

8. Claims for defects of the buyer
8.1 The functionality of the contract software is based on the specifications (Item 4) and the description in the software documentation. Technical data, specifications and performance data in public statements, in particular in advertising material, are not specifications.
8.2 Claims for defects do not exist in the case of defects that are based on the fact that the contract software is used in a hardware and contract software environment that does not meet the conditions of use (Section 2.2) or for changes and modifications made by the buyer to the contract software without this due to a statutory provision, this contract or due to the prior written consent of the seller.
8.3 The buyer must immediately check the contract software for obvious defects upon receipt and notify r2deiexmachina immediately upon receipt. Otherwise the liability for these defects is excluded. The same applies if later such a defect shows. § 377 HGB applies.
8.4 r2 dei ex machina is in the event of a defect in the contractual software (including the dongle) initially entitled to subsequent performance, that is at its option for the elimination of the defect (repair, for example, by providing a bug fix) or replacement (provision of a deficiency-corrected version). In the case of the provision of a replacement r2 dei ex machina can hand over to the customer a new version of the contract software, unless this leads to the buyer to an unreasonable impairment. In case of defects in title, the seller will provide the customer with a legally faultless possibility of using the contract software. Alternatively, r2 dei ex machina can modify the contract software in such a way that no third-party rights are violated any longer, as long as the actual scope of services is not significantly changed.
8.5 The right of the customer to reduce the purchase price or to withdraw from the contract in case of failure of the repair or replacement at his choice twice remains unaffected. A right of withdrawal does not exist for insignificant defects. If the customer asserts compensation for damages or reimbursement of wasted expenses, the seller shall be liable according to clause. 9th
8.6 Remedial claims become time-barred within one year. This does not apply if r2deiexmachina is responsible for the defect due to intent.

9. Liability
9.1 The contractor is liable for intent and gross negligence as well as for damages resulting from injury to life, limb or health in accordance with statutory regulations.
9.2 In the event of slight negligence, the contractor is only liable for the breach of a material contractual obligation (cardinal obligation), the fulfillment of which enables the proper execution of the contract and on whose observance the client may regularly rely. The liability in this case is limited in sum to the amount of the foreseeable damage, which typically has to be expected. Incidentally, the contractor is not liable in case of slight negligence.
9.3 Subject to the above provisions, r2deiexmachina shall only be liable in the event of the loss of data for the expenses that would be required if the data were to be properly backed up by the purchaser to restore the data.
9.4 The above provisions also apply in favor of the legal representatives and vicarious agents of the contractor.
9.5 The above limitations of liability do not apply if the buyer has fraudulently concealed a defect or has accepted a guarantee for the quality of the goods. Liability under the Product Liability Act remains unaffected by these provisions.

10. Final provisions
10.1 The place of jurisdiction for all disputes arising out of and in connection with these GTC is the registered office of r2deiexmachina.
10.2 German law is applicable to this contract, excluding any provisions that refer to the law of another country. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods of 11.4.1980 (UN Sales Convention) does not apply.
10.3 Changes and additions to these terms and conditions must be made in writing. This formal requirement can only be changed by written agreement.
10.4 In the event of a regulatory loophole, the parties to the contract undertake to replace the missing provision by a contractual provision that corresponds to the consensus of the parties. The same applies if a regulatory gap arises because a provision is ineffective or void and no statutory provision is available to fill the regulatory gap.

As of: 04.08.2023