General sales and delivery conditions as well as guarantee conditions for box bodies of Humbaur GmbH
The following terms and conditions apply to all offers and purchase and delivery contracts relating to vehicle bodies of all kinds from Humbaur GmbH as the Seller and/or Supplier. Contradictory conditions or conditions from the Buyer or Orderer that deviate from these terms and conditions of sale and delivery are expressly not recognised. A separate acknowledgement will only be effective if Humbaur GmbH has expressly agreed to the validity of such action in writing.
The scope of each delivery is based solely on the information contained in the latest version of the written order confirmation. The content of this order confirmation will form the basis of the entire business dealings. An updated order confirmation will be made every time the scope is modified. All verbal ancillary agreements and any subsequent amendments to the contract will only be valid if expressly confirmed in writing by the Seller. The waiver of this form requirement must also be submitted in writing. These terms and conditions of sale also apply to all future transactions with the Buyer or Orderer.
Humbaur GmbH is bound to its offer for four weeks, unless alternative agreements have been made. The order signed by the Buyer or Orderer is a binding offer. The purchasing contract is considered concluded if Humbaur GmbH has confirmed to the Buyer or Orderer in writing within four weeks that it has accepted the order for the purchase object described in detail or has delivered the purchase object. Humbaur GmbH is entitled to correct obvious miscalculations or mistakes in the price quotation or product description at a later point in time.
The information, drawings, illustrations, technical data, weights, dimensions and performance specifications contained in brochures, advertisements, price lists or documents that are part of the offer are only approximate values, unless they are expressly stated as binding in the order confirmation. The information in the descriptions of services, weights, operating costs, speeds etc. are also always to be considered approximate. This applies both to the actual vehicle from the vehicle manufacturer and to the vehicle body manufactured by Humbaur GmbH. No rights may be derived from any characters or numbers used by either the vehicle manufacturer in question or by Humbaur GmbH to identify the order. The Buyer or Orderer shall authorise Humbaur GmbH to sub-contract work and to carry out test drives and drive the vehicle for delivery purposes. Humbaur GmbH reserves the right to make changes at any time to the design and shape, as well as to allow deviations in the colour shade and changes to the scope of delivery; this insofar as the intended appearance of the vehicle and its function are not substantially altered as a result, the functionality of the vehicle body is essentially retained, and the changes, taking into account the interests of Humbaur GmbH, are reasonable for the Buyer or Orderer and provide a quality standard that is comparable to that originally agreed.
Humbaur GmbH will only make available its plans, drawings, calculations, photos, illustrations, logos or other documents in compliance with the relevant ownership rights and copyrights. Transfer to third parties is permitted only if Humbaur GmbH has expressly consented to this in writing beforehand.
The respective formulations for "Buyer" and "Orderer" on the one side and "Supplier" and "Seller" on the other side are gender-neutral and do not constitute any disadvantage to one or the other gender.
The prices stated in the relevant order confirmation from Humbaur GmbH are binding. All prices according to the currently relevant price list are ex works and exclude packaging, transportation charges, postage, insurance and other delivery costs. Any discounts or reductions must be agreed in writing. All prices are displayed plus the applicable statutory VAT on the day of invoicing. Humbaur GmbH reserves the right to change the prices accordingly if cost reductions or cost increases due to "collective agreements" for wages, or changes to operating taxes or resources such as electricity or gas, or changes in the cost of materials such as aluminium, steel, rubber, PVC or wood come into effect after the contract is concluded. Corresponding proof will be verified to the Buyer by the Seller on request. All ancillary charges, public levies, as well as any new taxes, shipping etc., or increases to said payments, which directly or indirectly affect the delivery or make the delivery taxable, will be borne by the Buyer, unless there are mandatory legal provisions in place that contradict this. The prices stated in the Seller's offer apply on the condition that the order data on which the submission of the offer is based remains unchanged and is confirmed by the Seller in writing; in the case of orders and delivery to third parties, the Buyer is classified as the client unless expressly agreed otherwise.
III. Terms of payment
Unless stated otherwise in the order confirmation, the purchase price for purchase items is due immediately in advance upon notification that the delivery item is ready for delivery, within ten days at the latest, but usually before collection/delivery of the delivery item and without discount in each case. This applies in particular to each initial order. Invoices can be issued in writing via post or fax, as well as electronically.
All payments must be made directly to the Seller; all payments to the representative or other persons are at the risk of the payer. Cheques and any other payment methods will only be accepted on account of payment and not in lieu of fulfilment. Should the Buyer be in default of payment for two instalments of the agreed instalment payment for longer than 10 calendar days, the total remaining purchase price will be due upon payment. The remaining purchase price is subject to an interest rate of 9% above the respective base interest rate from the due date, in accordance with Section 288 of the German Civil Code.
The Buyer will only be entitled to offset with a claim that is undisputed or legally valid or to exercise a right of retention.
The Seller will have the right to withdraw from the contract, if, following the conclusion of the contract, it becomes aware of circumstances relating to the economic conditions of the Buyer that give the Seller cause to believe its rights are no longer sufficiently safeguarded. In this case, the Seller will also be entitled to demand advance payment or the provision of securities, withhold goods not yet delivered or, in the case of delivery, retain or demand back letters or discontinue further work. If the Buyer rejects an advance payment or security deposits, the Seller is entitled to withdraw from the contract and/or demand compensation after the fruitless expiry of a grace period of 14 days. These rights are available to the Seller if the Buyer is delayed with the payment for deliveries that are based on the same legal relationship. The Seller is expressly entitled to a retention of title for delivered, but not yet paid for goods as well as to a right of retention for paid for, but not yet delivered goods.
In the event of a delayed payment, a default interest rate of 9% over the current base interest rate will be paid in accordance with Section 288 of the German Civil Code. The Seller is also entitled to demand payment of a base fee of EUR 40 in the case of any delay on the part of the debtor, if this is not a consumer. The enforcement of further damages caused by delay is thereby not excluded. Several buyers will assume joint and several liability. In the case of special vehicles or vehicle bodies that are changed or newly built at the special request of the Buyer, the following apply: 60% deposit from the net value of the goods after receipt of the order confirmation, production only after receipt of payment, final payment prior to delivery or pick-up.
IV. Retention of ownership
The delivered goods will remain the property of the Seller until all receivables owed to the Seller by the Buyer as at the point of invoice have been paid in full. The Buyer is only entitled to resell in the scope of ordinary business activities. In such cases, the Buyer assigns its receivables from the resale to the Seller. This results in the Seller accepting the assignment. At the latest in the event of delayed payment, the Buyer is obligated to name the debtor of the transferred receivable as part of a guaranteed right to information. In the event of the treatment or processing of goods delivered by and in the property of the Seller, the Seller is viewed as the manufacturer in accordance with Section 950 of the German Civil Code and will retain ownership of the products at each stage of processing. If third parties are involved in the treatment or processing, the Seller is entitled to a co-ownership share of the invoice amount of the reserved goods. The property acquired in this way is classified as reserved property. If third parties have access to the reserved goods, the Buyer must make these third parties aware of the Seller's ownership and inform the Seller without delay. Costs and damages will be borne by the Buyer.
If the delivery item is inseparably connected or combined with other items not owned by us, we will acquire joint ownership of the newly configured item relative to the value of the delivery item versus the value of the other connected or combined items at the time of connection or combination. If such connection or combination results in the Orderer's item becoming to all intents and purposes the principal item, the Orderer agrees to transfer proportionate joint ownership to us. In such cases, the Orderer shall preserve sole or joint ownership on our behalf.
If a third party has proprietary rights or pledge rights to the vehicle to which the body will be fitted, the Orderer must inform us accordingly in advance and must ensure that the third party grants us joint ownership in relation to said proprietary or pledged rights. The Orderer must provide a written declaration to this effect from the third party. We will acquire the sole proprietary rights or pledged rights once the rights of the third party cease to apply.
All the while proprietary or pledged rights exist in our favour, the sale, subsequent pledging or transfer by security, leasing or other assignment of the object of the order without our prior written consent is prohibited. If the object of the order is sold on by the Orderer with our consent prior to payment, the receivable due from the third-party buyer of the object of the order, i.e. the purchase price, will be assigned to us at the point at which the resale contract is concluded. The Orderer's sole rights in this regard extend to recovering the purchase price for us if this is deemed necessary.
The Buyer shall in all instances grant Humbaur GmbH, by virtue of the latter's claim under the terms of the contract for services, a contractual lien on the objects supplied within the scope of the order, provided such objects are still in our possession. This lien also applies in respect of claims relating to work, spare parts deliveries and other services carried out previously by Humbaur GmbH, insofar as such activities form part of the order in question.
For the duration of the proprietary or pledged rights, the Orderer shall provide liability insurance and fully comprehensive insurance for the vehicle, with the proviso that the rights associated with the insurance are assigned to Humbaur GmbH. The Orderer shall provide us with a copy of the certificate of insurance for verification purposes. The insurance must include, for instance, full coverage for the costs of restoring the vehicle and the body to full use in the event of damage. In the event of a total write-off scenario, the insurance payouts referred to above must be used to pay the receivables owed to us; the customer is entitled to retain any surplus.
The assertion of the right of retention will then only apply as a withdrawal from the contract if the Seller expressly declares this in writing. The Seller reserves the right to withdraw from the contract under the condition that there is an insolvency application. The Buyer is obligated to issue all delivered items before opening insolvency proceedings.
In the case of transactions with companies, the delivery obligation is subject to correct or timely self-delivery unless the incorrect or delayed delivery is the fault of the Seller.
Delivery periods and dates will only be considered approximate, unless the Seller has expressly provided written confirmation that they are binding. The delivery period begins with the day that the order is accepted or that the order confirmation is received, but not before the complete clarification of all execution details and the timely fulfilment of all obligations of the Buyer, such as the payment of down-payments in accordance with III at the end. Fixed-date transactions are excluded. In the case of sales ex works, the delivery periods and dates are considered complied with if the goods leave the factory within the delivery period or on the delivery date. The delivery period is considered satisfied with the timely notification of readiness for shipment, if dispatch is not possible through no fault of the Seller's. The delivery period will be extended appropriately in the event of force majeure, labour disputes, unrest, authoritative measures, the absence of supplies from suppliers and other unforeseeable, unavoidable and severe incidents for the duration of the disruption. The agreed delivery period will be extended—irrespective of the Seller's rights arising from the Buyer's default—by the period that the Buyer is delayed with its obligations from this or another transaction. The expiry of specified delivery periods/dates will not release the Buyer, should it wish to withdraw from the contract or demand compensation due to non-fulfilment, from setting an appropriate, grace period, usually four weeks, to render the service and from declaring that it will reject the service after the period has expired. If there is only slight negligence on the part of the Seller, the compensatory damages for a covering purchase or substitute performance will be limited. Claims for damages due to non-fulfilment or delayed performance are excluded for contracts with entrepreneurs. The Orderer is not entitled to reject partial deliveries.
In accordance with the Packaging Ordinance, transport-related packaging and all other packaging will not be taken back by the Seller. The Buyer must ensure the proper disposal of packaging at its own expense.
VI. Conditions of acceptance
If the Buyer withdraws from the contract after conclusion of the contract and before goods production, the Seller is entitled to demand 15% of the purchase price as compensation, whereby the right to assert further damages remains reserved. If the Buyer withdraws from the contract after conclusion of the contract and during goods production, the Seller is entitled to demand 20% of the purchase price as compensation; for custom productions or special vehicles, the compensation will amount to at least 50% of the purchase price, whereby the right to assert further damages remains reserved.
If, after notification of the completion, the Buyer remains delayed with the acceptance of goods, fulfilment of its payment obligations or provision of any agreed securities for longer than 10 calendar days, the Seller is entitled to withdraw from the contract or demand compensation due to the non-fulfilment after setting a grace period of 14 calendar days. In this case, the Seller is entitled to demand at least 15% of the purchase price as compensation; in the case of custom or special vehicles, the compensation will amount to at least 80% of the purchase price, whereby the right to assert further damages remains expressly reserved.
For the period that the Buyer is delayed with the acceptance of the goods, the Seller will store said goods for the Orderer at the Orderer's own risk subject to the express agreement of an exclusion of liability. The Seller is entitled to charge the Buyer an appropriate delay fee of at least EUR 10 per item per day.
The Orderer retains the right to demonstrate that the violation of contract attributed to the Orderer did not lead to any damages or any major damages or to any depreciation or that losses arising from the Seller are significantly lower than the previously mentioned rates.
VII. Dispatch and transfer of risk
1. The delivery will, in principle, take place directly from the manufacturer's works in Gersthofen (place of performance) and with the simultaneous transfer of risk of accidental loss or deterioration to the Buyer, as soon as the Buyer is notified (date of notification) of the readiness for delivery or acceptance ("notification of availability"). The Buyer is obligated to collect the delivery item within three working days of receiving the notification of availability. Any shipping desired by the Buyer will be done in the Buyer's name and at the Buyer's own expense, always ex manufacturer's works and exclusively at the Buyer's risk. The Seller will not assume any warranty arising from the shipping conditions. The Buyer is entitled to arrange transport insurance at its own expense.
2. Self-collection by the Buyer will only be possible upon prior agreement. The Buyer will receive a collection voucher, which must include the name of the person authorised for the collection. At collection, this person must present the appropriate papers. This person is entitled to submit declarations for the acceptance of the goods in the name of and on behalf of the Buyer, and in particular, for proper acceptance.
3. In accordance with the Packaging Ordinance, transport-related packaging and all other packaging will not be taken back by the Seller. The Buyer must ensure the proper disposal of packaging at its own expense.
VIII. Warranty terms
1. For the quality of the processed material, the design and the performance of the purchased goods, the Seller shall provide the first customer with a warranty lasting 24 months from transfer of risk/date of delivery for newly manufactured vehicle bodies. This warranty applies only for items delivered within Germany, Western Europe and Switzerland. The prerequisite for claims under the terms of the warranty is that all prescribed service work on the purchased product has been carried in accordance with the requirements of the Seller. Statutory warranty claims remain unaffected.
2. For used goods, display vehicles that have served their full purpose, demonstration vehicles that have served their full purpose, or heavily discounted goods, any kind of warranty is excluded, insofar as the customer is a businessperson, a legal entity governed under public law or a separate estate under public law. In the event that the consumers are the first customers, the statutory warranty regulations will apply.
3. In the event of a shortage of third-party objects that Humbaur GmbH sources from suppliers or from other manufacturers or from the Buyer itself (e.g. the vehicle in question, new chassis, used chassis, cooling units, tail-lifts, other units and accessories not manufactured by Humbaur GmbH), Humbaur GmbH will be liable only insofar as Humbaur GmbH cedes to the Buyer all defect-related rights against the manufacturer and/or supplier and further undertakes to provide to the contractual partner all information and documents required in order to pursue the claims. In the case of such defects, the warranty conditions of the respective supplier or manufacturer have sole priority.
4. Complaints or defects due to recognisable, incomplete and incorrect delivery or potential transport damages will be noted in writing on the consignment note without delay, at the latest upon collection of the goods or delivery after reception of goods and will be notified to the Seller in writing. Defects that cannot be discovered within this period even after the most careful inspection must be reported in writing immediately after discovery. In the case of commercial negotiation between traders, Sections 377 and 378 of the German Commercial Code remain unaffected. Notifications of warranty claims will be made using the respective reporting form provided by the Seller.
5. In the case of justified complaints, the Seller is first obligated to provide rectifications (a maximum of 3 attempts) and/or replacement delivery according to its choice, excluding other claims. In the event that the defect is rectified, the Seller is obligated to bear the necessary expenses caused by the Seller, in particular for labour and material costs caused by the Seller. The shipping of parts for default correction will take place at the instigation of the Seller and be exclusively carried out by traders or factories selected by the Seller. The transportation costs of the Buyer to/from the place of performance will not be assumed by the Seller; the Buyer waives the right to their assertion. The Buyer is obligated to issue the defective parts to the Seller or allow for collection by the Seller. Furthermore, any claims for provision of a replacement vehicle, for damages or for reimbursement of wasted expenditure or cancellation costs are excluded.
6. In the case of delayed, omitted or failed repairs (a maximum of three attempts) or replacement delivery, the Buyer is entitled to demand a reduction of the remuneration or to withdraw from the contract. The replacement deliveries and repairs are subject to the same guarantee as the original delivery object. Technical modifications to the design or shape, as well as deviations in the colour or colour shade will not constitute any defects, as far as these are reasonable for the Buyer, taking into consideration the Seller's interests. Claims for defects will, in principle, not exist in the cases of insignificant deviations from the agreed quality; insignificant impairment of usability; non-compliance with prescribed maintenance intervals or with service intervals; normal wear and tear or damages arising after the transfer of risk as a result of incorrect or negligent treatment, excessive strain due to the use of unsuitable equipment or special external influences that are not regulated under the terms of the contract.
7. However, the warranty will only exist until the end of the warranty period for the original object, provided it is not covered by any statutory regulation. Notices of defects will not release from the obligation to comply with agreed payment obligations. In all cases, the assurance of features requires the written declaration of the Seller and confirmation.
8. The warranty provided by the Seller and any statutory warranty will cease to apply if the Buyer performs, or allows a third party to perform, improper maintenance to the delivered object, or if the Buyer modifies said delivered object by fitting parts supplied by another party, or by having said object maintained and serviced improperly, where the damage in question is materially related to said maintenance or modification. There will be no claims for damages from the resulting consequences. The warranty and any statutory warranty will also be excluded if the permissible total weight as defined by the relevant provisions of the road traffic regulations, or the axle loads, or the payload specified under the terms of the delivery contract, or the chassis load capacity are exceeded. Normal wear and tear and damages that are attributed to negligent and/or improper treatment are excluded from the warranty. The warranty and any statutory warranty will further be excluded if the delivered object is damaged or modified as a result of tampering or of external acts of nature such as accident, flooding, hail, lightning.
9. Colour deviations in paintwork, as well as colouring of all kinds of parts and tarpaulins as well as digital prints in the technically permissible and technically related scope do not constitute defects. In relation to the introduction and adjustment of REACH-compliant colours and production methods, no warranty or statutory warranty can be assumed for the colour fidelity of paintwork and colourings of parts of any kind, or for tarpaulin colours or digital prints on new vehicle bodies vis-à-vis vehicle bodies that have already been delivered.
10. The Seller can provide an extended warranty for an additional cost. The Buyer can only enter into this extended warranty at the time of order or well in advance of delivery.
1. The Seller will only be liable for damages that are caused by deliberate or grossly negligent action, and if essential contractual obligations are infringed upon, as far as the accomplishment of the contractual purpose is at risk, if assured features are missing and in the event of compulsory liability in accordance with product liability laws. In the event of culpable breaches of essential contractual obligations, liability will only be assumed for contractually typical, foreseeable damages.
2. The same principles apply for the liability of the subcontractors and vicarious agents of the Seller.
3. An exclusion or limitation of liability will not apply for damages resulting from injury to life, body or health that are due to a negligent breach of duty by the Seller.
4. The Buyer will not be charged for configuration work on vehicles in connection with modification, restructuring or repairs, insofar as there is no delay in the Buyer collecting said vehicles. The Seller accepts no liability for the loss of vehicle parts, anything stored in the vehicle or any vehicle accessories, or for any damage to the vehicle or parts of the vehicle, except in the case of malicious intent or gross negligence on the part of the Seller. Liability is excluded insofar as the Seller is not at fault.
X. Replacement parts
The provisions in Figures I to IX of these terms and conditions also apply for replacement parts for the vehicle bodies in question, with the following supplements:
1. Replacement parts from the usual replacement parts offered by the Seller will be sold against prepayment or on account. The scope of delivery includes packaging, plus delivery costs.
2. The delivery must be checked immediately. In the event of a return delivery, a special return delivery note must be attached to the goods; this will be sent by the Seller on demand. Returned goods sent to the Seller that are not prepaid, or goods without a return delivery note, will not be accepted by the Seller.
3. In the event of incorrect orders of replacement parts from the usual supplier of replacement parts to the Buyer, the Buyer is obligated to return the goods to the Seller in an undamaged and carefully packaged state at the Buyer's own expense. The Seller is entitled to additionally demand processing costs of 10% of the net value of the goods for the administration and storage expenses arising in this case.
4. In case of the incorrect delivery of replacement parts from the usual replacement parts supplier to the Seller, or in the case of justified warranty claims for replacement parts, the Buyer is obligated to report this immediately and to store the goods carefully. The Seller is entitled and obligated to have the goods picked up from the Buyer at the Seller's own expense.
5. For properly delivered special parts, special tarpaulins or production parts made at the Buyer's request, there will be no recall by the Seller.
6. If the dispatch is performed as overnight shipping without a depot at the express wish of the Buyer, the Buyer alone will bear the increased risk from the point of transfer of risk.
7. For the period of the delay with the payment of the requested advance payment within a set period, or the acceptance of replacement parts by the Buyer, the Seller will store these goods for the Buyer at the Buyer's own risk under the express agreement of an exclusion of liability: The Seller is entitled to charge the Orderer an appropriate storage fee of at least EUR 4 per item per day.
XI. Leasing and hire purchase
1. If and to the extent that Humbaur GmbH has agreed to a new purchase contract with a leasing association as part of a lease, or with a finance company as part of a hire purchase by the customer, in relation to an existing purchase agreement with a customer and at the request of the customer at the time or at a later point in time, the following apply:
2. The agreement is made exclusively with the customer with regard to the existing purchase agreement under the condition precedent that the new purchase agreement with the lessor/finance company is fully effective. Otherwise, the previous purchase agreement between the customer and Humbaur GmbH will remain with unchanged conditions. This original purchase agreement with the customer will only be cancelled once the new purchase agreement with the lessor/finance company has been processed in full and paid.
3. If and to the extent that the lessor/finance company demands an advance payment to be made by the customer as a first instalment, or the payment of the sales tax on the purchase price in advance to Humbaur GmbH or to the lessor/finance company as a prerequisite for payment of the purchase price, the customer is obligated towards Humbaur GmbH to render this payment immediately or within the set periods.
4. If and to the extent that the lessor/financing company demands a declaration of acceptance/handover certificate signed by the customer as a prerequisite for payment of the purchase price, the customer is liable towards Humbaur GmbH to sign and send back this declaration/certificate and the other requirements from the leasing association accordingly to the lessor and return a copy to Humbaur GmbH if the purchase object does not display any defects immediately and at the latest 3 days after the vehicle has been completed and the customer has received the handover certificate/declaration of acceptance. The customer will receive the opportunity to examine the vehicle for lack of defects.
5. If the customer fails to fulfil its obligation or does not do so in a timely manner according to Point 1.3 or Point 1.4, or the lessor/finance company withdraws for reasons beyond the control of Humbaur GmbH, the following apply:
- 1. If the lessor withdraws from the leasing entry/the finance company withdraws from the hire purchase for reasons within the customer's control, particularly because the customer violated its obligation according to Point 1.3 or Point 1.4, the original contract between the customer and Humbaur GmbH will once again come into effect due to the elimination of the condition precedent.
- 2. If the customer is delayed in its obligation according to Point 1.3 by more than seven days, it will, in principle, be jointly and severally liable for the purchase price claim along with the lessor.
- 3. The right of Humbaur GmbH to additionally demand compensation from the customer due to a violation in accordance with Point 1.3 remains unaffected.
XII. Data protection
1. Processing of your data
During the initiation, conclusion, processing and reprocessing of a purchase contract, data from the Seller will be collected, saved and processed in accordance with the statutory provisions. When visiting the website of the Seller, the current IP address being used by the Buyer's computer, the date and time, browser type and operating system of the computer as well as the pages viewed by the Buyer will be logged. However, inferences based on personal data will not be possible and not be intended.
The personal data that the Buyer shares with the Seller, for example during an order or by email (e.g. name and contact details), will only, and with the stated consent of the Buyer, be processed for correspondence with the Buyer and only for the purpose for which the Buyer has provided the data to the Seller.
The Buyer agrees to the Seller obtaining and evaluating corresponding credit information about the Buyer in connection with the ordering of goods.
The Seller will only otherwise forward the Buyer's data to shipping companies contracted with the delivery as far as is necessary for delivery of the goods. For the settlement of payments, the Seller will forward the payment information of the Buyer to the credit institution contracted with the payment.
The Seller assures that this personal data will not otherwise be forwarded to third parties unless the Seller is legally obligated to do so or the Buyer has expressly consented to this beforehand. As long as the Seller makes use of third-party services for the execution and performance of processing procedures, the provisions of the GDPR, the Federal Data Protection Act and the Telemedia Act will be complied with.
In principle, the data will not be used for advertising purposes or sending newsletters. Direct marketing through personal data will only be possible with the prior expressed consent of the Buyer; the Buyer is entitled to object to the processing in writing at any time free of charge.
2. Duration of storage
Personal data shared with the Seller by the Buyer via the Seller's website, online shop and online sales portals such as mobile.de, and via social media such as Facebook, will only be stored until the purpose for which this data has been entrusted to the Seller is fulfilled. Insofar as storage periods relating to commercial and tax law must be complied with, the duration of the storage of certain data may amount to ten years.
3. The Buyer's rights
Should the Buyer no longer agree to the storage of personal data or if this data is no longer accurate, the Buyer is entitled to revoke the permission declared at any time without providing a reason. The revocation must be sent to the Seller in writing (Humbaur GmbH, Mercedesring 1, 86368 Gersthofen, Germany). The Seller will then arrange to delete, correct or block personal data within one month, as far as it is technically able and using the technologies available to it. On written request, the Buyer will receive information about all personal data that the Seller has saved concerning the Buyer, its processing and its use free of charge. The Buyer is entitled to demand the correction or completion of incomplete personal data from the Seller in writing. The Buyer is also entitled to demand the deletion of relevant personal data in writing. The Buyer has the right to complain to the supervisory authority regarding the handling of its personal data.
XIII. Place of performance, contract language, court of jurisdiction and amendments to general terms and conditions
1. All legal disputes arising from the contractual relations between the parties are governed under German law under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Depending on the legal threshold between the amounts, the Local Court of Augsburg or the District Court of Augsburg will be agreed and responsible as the court of jurisdiction.
2. In addition, Gersthofen will expressly apply as the place of performance for all deliveries and services as well as the performance of any correction of faults.
3. The German language is considered a recognised official language of the EU, both for the interpretation of texts and the contract language itself.
4. The Seller is entitled to made editorial changes to the text of the general terms and conditions. The Buyer waives any notice information related to this. In the case of larger textual changes, the Seller will inform the Buyer before the amended general terms and conditions come into effect.