2023 | 06 § 9 – Section 9 Statute of limitations 9.1. At variance from Section 438 ( 1) no. 3 BGB the general statute of limitations applicable to claims arising from material and legal defects is one year from the date of delivery. In cases where an acceptance test has been agreed, the statute of limitations applies from the date of that acceptance test. 9.2. However, if the goods take the form of a built structure or an object that was typically used for a built structure and that caused it to develop defects (building material), the statute of limitations is defined by legislation as 5 years from the date of delivery (Section 438 ( 1) no. 2 BGB). Further legislative special regulations for the statute of limitation also remain unaffected (in particular Section 438 (1) no. 1, para. 3, Sections 444, 445b BGB). 9.3. The aforementioned statutes of limitation for the German Law on the Sale of Goods (Kaufrecht) also apply to contractual and extra-contractual compensation claims from the purchaser that are founded upon a defect in the goods, unless the application of a regular legal statute of limitations (Sections 195, 199 BGB) in individual cases would give rise to a shorter statute of limitations. However, compensation claims made by the purchaser in accordance with Section 8 ( 2) sentence 1 and sentence 2(a) as well as in accordance with product liability legislation shall lapse exclusively in line with the statutes of limitation defined in applicable legislation. § 10 – Place of execution, court of jurisdiction and applicable law, language of contract 10.1. The place of execution for all obligations arising from this contract is our head office location. 10.2. The United Nations Convention on the International Sale of Goods (CISG) dated 11.04.1980 (CISG) is not applicable here. 10.3. The application of German Law is agreed between ourselves and the customer, with the exception of Section 10 (3) and this exempts any conflict that might exist with legal provisions from other legislatures. However, the prerequisites and effects of the retention of title agreed in Section 6 are subject to the law at the storage location of the item(s) involved, provided that the choice of law favouring German Law is inadmissible or ineffective. 10.4. German is the language of this contract. In cases where the meaning of the German text may differ from a foreign language translation of the text of this contract, or where contractual and performancerelated terms & conditions might vary, the meaning of the German text shall take precedence. § 11 – Binding nature of this contract 11.1. The contract also remains binding in cases where individual points of its terms & conditions or individual figures in the terms & conditions of delivery may become legally ineffective. The gap caused by elimination of an ineffective provision must be filled in a manner fully reflecting the original aim and spirit of the contract. § 12 – Agreement about the court of jurisdiction 12.1. All disputes or claims that arise from or in connection with this contract, including disputes about its validity, infringement, dissolution or its being rendered null and void shall be settled in accordance with German Law before the District Court (Landgericht) in Ulm. 12.2. German Law applies, which exempts the UN Convention on the International Sale of Goods and any legal conflicts associated with the provisions of a different legislature. Dated: 08/2019 CHAPTER 12 – INFORMATION Terms & Conditions of Business 11
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