1. General Terms and Conditions of Sale of RCP Ranstadt GmbH:
§ 1 Scope of application
- All deliveries, services and offers of RCP Ranstadt GmbH (hereinafter referred to as “Seller”) are made exclusively on the basis of these General Terms and Conditions of Sale. These terms and conditions are an integral part of all contracts concluded by the seller with the seller’s contracting parties (hereinafter also referred to as “customer”) on the goods and services offered by the seller. These terms and conditions also apply to all future deliveries, services or offers made to the customer, even if they are not agreed upon again separately.
- The terms and conditions of business of the customer or third parties shall not apply, even if the seller does not object to their validity separately in individual cases. Even if the seller refers to a letter that contains or refers to the terms and conditions of business of the customer or a third party, this shall not constitute any agreement to the validity of these terms and conditions of the customer.
§ 2 Conclusion of the contract
- All offers of the seller are free and non-binding, unless they are expressly stated as binding in writing or contain a specific period for acceptance.
- The seller may accept orders within two weeks after receipt of a sample of the original bulk goods, as well as the final print layouts and material specifications.
- Unless stated in the offers, the costs for tools, additional printing costs, etc. are not taken into account and will be charged according to the expenses, in addition to the offer prices.
- Unless otherwise agreed, the customer accepts a delivery quantity tolerance of +/- 5% based on the order quantity. In order to meet these tolerances, the quantities of the goods to be supplied by the customer must be at least 7% above the calculated quantities (net without rejects). Any over- / under-deliveries must be taken into account in the calculation of the goods in full.
- In the event that the customer does not deliver the products to be provided by the customer on time or completely, the seller is entitled to adjust prices and the delivery dates to the actual circumstances.
- All prices in the offers and order confirmations are without VAT, unless otherwise stated.
§ 3 Delivery
- Deliveries are made ex works Ranstadt.
- The seller is entitled to make partial deliveries, if
- The partial delivery can be used by the customer as part of the contractually intended purpose,
- The delivery of the remaining ordered goods is assured and the customer will not incur any substantial additional expenses or additional costs (unless the seller agrees to absorb such costs).
- In case of an agreed self-pick-up of the goods by the customer, the customer undertakes to pick-up the partial quantities of the finished goods or have them picked-up within a maximum of 3 working days after the seller’s notification that the quantities are ready for dispatch. The seller is entitled to bill each partial delivery separately. If the customer refuses to accept a delivery or if delivery is not possible due to a circumstance for which the customer is responsible, or in the case of self-pick-up, if the customer does not pick-up the goods within the aforementioned deadline, the goods will be stored at the expense and risk of the customer. In such a case, the customer is liable for all additional costs, in particular the transport and storage costs.
- The customer bears the risk for goods made available to the seller by the customer or a by third parties commissioned by the customer.
- § 447 of the German Civil Code (Bürgerliches Gesetzbuch – BGB) shall apply to the sales shipment. In case of an agreed self-pick-up by the customer or a third party commissioned by the customer, the date of the notification to the customer about the readiness for dispatch shall be decisive for the transfer of risk.
- The deadlines and dates for deliveries and services by the seller are always approximate only, unless a fixed deadline or a fixed date has been expressly committed or agreed upon. If dispatch has been agreed, delivery periods and delivery dates refer to the date of handing over to the freight forwarder, freight carrier or other third party responsible for the transport.
- The seller may – without prejudice to the seller’s rights resulting from default by the customer – demand from the customer an extension of delivery and performance periods or a postponement of delivery and performance dates by the period in which the customer fails to meet the contractual obligations towards the seller.
§ 4 Production-related loss of supplied goods
- Some of the goods provided by the customer are lost during the production or packaging process due to production-related reasons. The customer can claim compensation for this only to the extent that the loss is due to circumstances for which the seller is responsible and is beyond the normal tolerances.
§ 5 Retention of title
- The seller reserves the title to the goods until all claims of the seller against the buyer from the business connection including the future arising claims of at the same time or later concluded contracts are settled. This also applies if individual or all claims of the seller have been included in a current invoice and the balance is drawn and recognized.
- The customer is entitled to resell the goods subject to retention of title in the normal course of business only if the customer hereby already assigns to the seller all claims against buyers or third parties arising from the resale. If the goods subject to retention of title are sold unprocessed or after processing or in combination with items which are exclusively the property of the customer, then the customer already assigns to the seller the claims arising from the resale in full amount. If goods subject to retention of title are sold by the customer after processing / in combination – together with goods that do not belong to the seller – then the customer already assigns the claims arising from the resale in the amount of the value of the goods subject to retention of title with any ancillary rights and priorities of rank in relation to any other claims. The seller accepts the assignment. The customer is authorised to collect these claims even after the assignment. The seller’s authorisation to collect the claims remains unaffected; however, the seller undertakes not to collect the claims as long as the customer duly fulfils the payment obligations and other obligations. The seller may demand that the customer disclose the assigned claims and their debtors, provide all the information required for collection of the claims, handover the related documents and notify the debtors of the assignment.
- Any pledging of the goods or transfer of the goods as security in favour of third parties without the consent of the seller prior to the transfer of ownership is precluded. The attachment of the goods by a third party must be reported immediately.
- If the goods subject to retention of title are processed, combined, mixed or blended with other goods that do not belong to the seller, the seller is entitled to a share of co-ownership in the new item resulting thereof in a ratio of the value of the goods subject to retention of title to the remaining processed goods at the time of processing, combining, mixing or blending. If the customer acquires the sole ownership of the new item created, the contracting parties agree that the customer shall grant the seller the co-ownership of the new item in the ratio of the value of the processed or combined, mixed or blended goods subject to retention of title to the new item and shall keep the new item for the seller free of charge.
- If the value of the existing securities exceed the claims to be secured by more than 10%, the seller is obliged, upon request by the customer, to release the securities to that extent.
§ 6 Warranty
- The warranty period is one year from delivery. This period does not apply to the customer’s claims for damages resulting from injury to life, limb or health or from willful or grossly negligent breach of duty by the seller or the seller’s vicarious agents, which become statute-barred according to statutory provisions.
- The items delivered must be carefully inspected immediately after delivery to the customer or to the third party designated by the customer. The obligation to inspect and notify defects extends in particular to the fact that the delivered goods are identical in terms of type, quality, dimensions, fit, colour and quantity to the ordered goods, within tolerances that are customary in the trade. Where necessary, this shall be ensured through sampling inspection.
- In case of obvious defects or other defects, which would have been detectable had there been a prompt, careful inspection, if the seller does not get a written notice of defect within seven working days after delivery, the delivered items shall be deemed to have been accepted by the purchaser. With regard to other defects, the delivered items shall be deemed to have been accepted by the purchaser, if the notice of defect does not reach the seller within seven working days after the date on which the defect appeared; if the defect was apparent to the customer during normal use already at an earlier date, then this earlier date shall be decisive for the start of the period for notice of defects. At the seller’s request, the delivery item against which a complaint has been made shall be returned to the seller freight paid. If the notice of defects is justified, the seller shall reimburse the costs of the cheapest method of dispatch; this shall not apply, if the costs increase because the delivery item is located in a place other than the place of its intended use.
- In the case of material defects in the delivered items, the seller is obliged and entitled to choose within a reasonable time period to first rectify the defect or to make a replacement delivery. In case of failure, i.e. the impossibility, unreasonableness, refusal or unreasonable delay of the rework or replacement delivery, the customer may withdraw from the contract or reduce the purchase price appropriately.
- If a defect is due to the fault of the seller, the customer may demand compensation for damage under the conditions stipulated in § 8.
- The warranty is void, if the customer changes the delivery item without the consent of the seller or gets it changed by a third party and this makes it impossible or unreasonably difficult to rectify the defect. In any case, the customer shall bear the additional costs arising from the modification done in the defect rectification.
§ 7 Payment
- Invoice amounts shall be paid within 10 days without any deduction, unless otherwise agreed in writing. The date of receipt by the seller shall be decisive for the date of payment. If the customer does not pay when due, the outstanding amounts shall be payable at the rate of 9% p.a. from the due date; the assertion of higher interest rates and further claims in the case of default shall remain unaffected.
- Offsetting against counter-claims of the customer or the withholding of payments due to such claims shall be allowed only so far as the counter-claims are undisputed or legally established.
- The seller is entitled to carry out or to deliver any outstanding deliveries or services only against advance payment or security if, after the conclusion of the contract, the seller becomes aware of circumstances, which substantially reduce the creditworthiness of the customer and by which the payment of the seller’s outstanding claims from the respective contractual relationship by the customer is jeopardised (including other individual orders for which the same framework contract applies).
- For redemption, § 367 of the German Civil Code (BGB) shall apply, even if the customer specifies a different purpose.
§ 8 Liability for compensation due to fault
- The seller and his legal representatives, employees or other vicarious agents shall be liable for damages due to willfull and grossly negligent behaviour for guaranteed quality features, due to injury to life, limb or health, or according to the Product Liability Act.
- The other liabilities of the seller for damages, irrespective of the legal basis, in particular due to impossibility of, delay in, defective or wrong delivery, breach of contract, breach of obligations in the case of contractual negotiations and tortuous liability, as far as such liability depends on proof of fault, shall be restricted in accordance with the provisions of this § 8.
- The seller shall not be liable in the case of simple negligence on the part of the seller’s bodies, legal representatives, employees or other vicarious agents, insofar as this is not a violation of material contractual obligations. Material contractual obligations are: the obligation to deliver the delivery item in good time, to ensure it is free of any defects of title and material defects that significantly impair its fitness for use, as well as duties to provide advice, protection and safe custody, which shall enable the customer to use the delivery item in accordance with the contract, or aim to provide protection to life or limb of the customer’s staff or the protection of the customer’s property against serious damage.
- Insofar as the seller is liable on the merits for damages according to § 8 , this liability is limited to damages, which the seller has foreseen when concluding the contract as a possible consequence of a breach of contract or which he should have foreseen when applying due diligence.
Indirect damage and consequential damage, which are the result of defects in the delivery item, are also compensable, only to the extent that such damage is typically to be expected when the delivery item is used as intended.
- The above exclusions and limitations of liability apply to the same extent to the bodies, legal representatives, employees and other vicarious agents of the seller.
- Insofar as the seller provides technical information or acts as an adviser and this information or advice is not part of the contractually agreed scope of services, it shall be free of charge and without any liability.
§ 9 Force majeure
- The seller is not liable for the impossibility of the delivery or for delays in delivery, as far as they have been caused by force majeure or other events that are unforeseeable at the time of conclusion of the contract (business disruptions of all kinds, difficulties in procuring material or energy, delays in transport, strikes, legal lockouts, lack of manpower, energy or raw materials, difficulties in procuring necessary regulatory approvals, governmental actions, or failure to deliver, wrong or non-timely delivery by the supplier), for which the seller is not responsible.
- If such events make the delivery or performance significantly more difficult or impossible for the seller and the impediment is not only of a temporary duration, the seller has the right to withdraw from the contract.
- If the impediments are of a temporary duration, the delivery or performance periods shall be extended or the delivery or performance dates shall be postponed by the period of the impediment, plus a reasonable start-up period.
- If the customer cannot be expected to accept the delivery or service as a result of the delay, the customer may withdraw from the contract by means of an immediate written declaration to the seller.
§ 10 Supplied materials, packaging materials
- Upon completion of the production, the seller shall return all the rejects of the finished goods to the customer for proper waste disposal, unless otherwise agreed.
- In the absence of any divergent agreement with respect to the quantities of the materials to be supplied by the customer, the following shall apply:
- In the event that the customer provides less than 7% above the calculated required quantity, the seller is entitled to charge the customer for the excess materials purchased by the seller, including any disposal costs. In the event that the customer accepts the excess materials, no disposal costs will be incurred.
- In the event that the customer provides more than 7% above the calculated required quantity, the seller will first contact the customer in order to decide on a possible increase in the order quantity. After completion of the production, the seller will return to the customer all the surplus materials which the customer has provided. If the customer does not wish to receive the returned surplus materials, the seller is entitled to charge the disposal costs incurred.
- In the case of Euro palettes, CHEP pallets or one-way pallets, the following shall apply: Euro palettes shall be exchanged free of charge between the customer and the seller; one-way pallets and CHEP pallets shall be charged separately.
§ 11 Property rights
- If the customer makes specifications for the use of industrial property rights or design elements subject to copyrights of third parties (for example, trademarks), the customer is solely responsible for any claims of third parties justified by this.
- Each contracting party partner shall immediately notify the other contracting party in writing, in case any claims are asserted against the contracting party due to the infringement of such rights.
- If a third-party asserts any claim against the seller for infringement of industrial property rights or copyrights on the basis of provisions pursuant to para. 1, the customer shall be obliged to release the seller from all costs, which will be necessary to defend against the claims. The seller may demand a reasonable advance from the customer for this. At the request of the seller, the customer is obliged to join a legal dispute on the side of the seller and to support the seller to the best of the customer’s ability.
- If the seller develops a packaging for the customer, all the property rights shall lie with the seller and the customer requires the consent of the seller for further use.
§ 12 Sample packagings
- The customer shall provide the seller with reasonable quantities of the goods to be packaged or already packaged, free of charge, to produce samples, to check the results of the production or the final product, or to create other necessary conditions for production.
§ 13 Cancellation charges
- In case of cancellation of an order, the seller is entitled to charge the customer all costs for the packaging materials, raw materials, etc. purchased by the seller and for all machines, tools, parts, etc. purchased or built.
- If the cancellation is made without a legal or contractual basis, the seller is entitled to charge the customer the following amounts:
- 60% of the total amount of the order, if the implementation has already begun;
- 55% of the total amount of the order, if the start of the execution was planned within one week of the cancellation;
- 50% of the total amount of the order, if the start of the execution was planned within one to three weeks of the cancellation;
- 40% of the total amount of the order, if the start of the execution was planned within three to five weeks of the cancellation;
- 30% of the total amount of the order, if the start of the execution was planned more than five weeks of the cancellation;
§ 14 Obligations of the customer
- The customer is obliged to provide the seller with all necessary data, in particular technical specifications or statutory requirements, with regard to the product to be manufactured or packaged. The customer is liable for damage caused to the seller as a result of failure to provide information or provides insufficient information, so far as the seller did not know or should have known this information.
- If the parties agree that the customer shall provide the raw materials, packaging materials or the product to be packaged, the customer is obliged to ensure the timely delivery of the relevant materials or products. The customer is liable for the damage caused by the seller due to delayed delivery.
- Damages within the meaning of this § 14 are, in particular, the costs for installing and setting up the equipment required for order processing, for the recruiting and keeping staff, for the leasing or reserving business premises and machinery.
§ 15 Final provisions
- The registered office of the seller is the place of performance and exclusive court of jurisdiction for all disputes arising from the business relationship.
- The relationship between the seller and the customer are governed exclusively by the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) does not apply.
- If the contract or these General Terms and Conditions of Delivery contain gaps in the regulations, to fill these gaps, those legally effective regulations shall be deemed to have been agreed upon, which the contracting parties would have agreed upon in accordance with the economic objectives of the contract and the purpose of these General Terms and Conditions of Delivery, had they known about the regulatory gaps.
As of: September 2017
2. General Terms and Conditions of Purchase of RCP Ranstadt GmbH
§ 1 Scope of application
- The legal relationship between the supplier and us is governed exclusively by our General Terms and Conditions of Purchase. They are valid for all purchase orders made by us and therefore apply, inter alia, to the delivery of goods or the provision of services on the basis of purchase, works or service contracts (in summary: “performance”)
- These Terms and Conditions shall also apply in their current versions to future orders, without us having to refer to them in each individual case. The current version is available at www.rcp-ranstadt.com.
- By acceptance of the purchase order, our General Terms and Conditions of Purchase will become a part of contract content. Deviating terms and conditions of the supplier and differently worded agreements shall apply only if we have agreed to them in writing. Our silence or the unconditional acceptance of the performance or its payment shall not be deemed to be consent.
- A consent given once applies only to the individual case, not to earlier or future contracts.
§ 2. Order, sub-contractors
- Contracts (order and acceptance) and call-offs of the performance as well as changes and additions must be in writing. Call-offs may also be done through email.
- The supplier is obliged to confirm our purchase orders and call-off orders promptly. The supplier must notify us of any obvious errors (for example, typing and calculation errors) or incompleteness for the purpose of correction or completion, prior to acceptance.
- Call-offs for performance shall be binding at the latest if the supplier does not object to them within 48 hours of receipt. Specifically agreed delivery dates always have priority.
- The supplier is not entitled, without our prior written consent, to provide the service owed by the supplier through a third party (e.g. subcontractor).
§ 3. Prices and payment terms
- The prices stated in the purchase order are fixed prices, unless otherwise agreed in writing. All prices include statutory sales tax, if it is not stated separately.
- Unilateral price changes by the supplier are not permitted.
- Unless otherwise agreed in the individual case, the price stated during the order shall include all services and ancillary services of the supplier (e.g. assembly) as well as all incidental costs (e.g. printing costs, tool costs, proper packaging, transport costs including insurance).
- Unless otherwise agreed, our payments shall be made within 30 calendar days and with a 3% discount on the net amount of the invoice for payment made within 14 calendar days. The payment period begins with the receipt of the complete performance according to the contract (including acceptance, if applicable) and receipt of a proper invoice.
- A proper invoice always requires the order number, the supplier number, our item number, the quantity and the individual price.
- In the case of acceptance of before-time deliveries, the due date shall be determined according to the agreed delivery date.
- Without our prior written consent, which may not be refused without good reason, the supplier is not entitled to assign the supplier’s claims against us or to have them collected by a third party.
- The right to offset or withhold as well as objection to the unfulfilled contract is granted to us by law. In particular, we are entitled to withhold payment due as long as we still have claims against the supplier arising from incomplete or defective performance.
- The supplier has the right to offset or withhold only on the basis of legally binding or undisputed counter-claims.
§ 4. Delivery dates and deadlines, delays
- Agreed performance deadlines are binding. The supplier is obliged to notify us immediately in writing if the supplier cannot expect to meet the deadlines.
- The receipt of the goods or the provision of the service to us shall be decisive for compliance with the performance date.
- If the delivery or performance is not done or is not done in time or if the supplier is in default for other reasons, we are entitled to assert the legal claims resulting thereof, without prejudice to the other regulations in these terms and conditions of purchase.
§ 5. Transport and packaging, transfer of risk, delay in acceptance
- The delivery of the goods shall be done “free to the door” to D-63691 Ranstadt. The place of destination is also the place of performance (duty to deliver).
- The supplier is obliged to ensure the quality of the goods through suitable means of transport and packaging.
- The delivery note must contain the following data: Order number. Supplier number, our item number, delivery quantity, gross weight, net weight, number of pallets. The individual items are to be listed separately, sorted by the same batch. The production batch number of each item must be mentioned on the delivery note.
- Separately from the delivery note, a corresponding shipping note with the same content must be sent to us.
- In the case of raw materials and filling materials, a certificate of analysis must be provided to us at the latest with the delivery of the goods.
- The packaging and the labelling of hazardous substances must be done according to the applicable laws; the respective safety data sheets must be supplied. The classification of the dangerous goods must be indicated on the delivery note.
- The statutory and government regulations applicable at the time of delivery must be adhered to during delivery or performance.
- The supplier has to take back the packaging material at our request.
- The risk of accidental loss and the accidental deterioration of the goods shall transfer to us with the handover at the place of performance. If acceptance has been agreed upon, this shall be decisive for the transfer of risk. Apart from this, in the case of acceptance, the statutory provisions of the law on works contract shall apply.
§ 6. Quality, documentation
- The supplier must adhere to the agreed specifications or the requirements from a requirements specification document for the performance of his goods or services.
- Independent of this, the supplier is obliged to check the quality of the goods or services at the supplier’s own expense. In particular, he shall keep records of when, how and by whom the performance has been checked.
- The supplier shall also obligate the primary supplier to adhere to the quality requirements to the same extent.
§ 7. Liability and warranty
- The statutory provisions shall apply to our rights in case of material defects and defects of title and in case of other breaches of duty, unless otherwise stipulated in the following.
- The statutory provisions (§§ 377, 381 German Commercial Code) shall apply to the commercial obligation to inspect and to give notice of defects.
- If an acceptance is agreed upon, there is no obligation to inspect.
- Our complaint (notice of defects) shall be deemed to be immediate and timely, if it is received by the supplier within 5 working days.
- If the supplier fails to fulfil the obligation of subsequent performance – at our option, by eliminating the defect (rework) or by delivering a defect-free item (replacement delivery) – within a reasonable time period set by us, then we are entitled to replace or repair the defective parts at the expense of the supplier. If the subsequent performance by the supplier fails or is unreasonable to us (for example, due to a special urgency, risk to operational safety or the threat of occurrence of disproportionate damage), there is no need to set any prior deadline; we shall notify the supplier of such circumstances without delay.
§ 8. Manufacturer’s liability
- If the supplier is responsible for a product damage, the supplier shall indemnify us from third-party claims in so far as the cause is within the supplier’s sphere of control and organisation, and the supplier is individually liable to third-parties.
- Under the supplier’s obligation to indemnify, the supplier shall reimburse expenses, pursuant to §§ 683, 670 German Civil Code, which arise from or in connection with the assertion of claims by third-parties, including the product recalls carried out by us or our customers.
- We will inform the supplier about the content and extent of product recall measures – as far as possible and reasonable – and give the supplier the opportunity to state their position. Any further statutory claims remain unaffected.
- The supplier shall take out and maintain a product liability insurance with a sum insured of at least EUR 5 million per bodily injury / property damage.
§ 9. Provisions, retention of title
- Raw materials, packaging materials, semi-finished goods, etc. (hereinafter referred to as “provisions”) provided by us remain our property. Any processing, combining, mixing (further processing) of the provisions shall be undertaken for us such that we get a co-ownership in the new product in the ratio of the value of the provision to the value of the whole product.
- The supplier shall not be entitled to any right of retention on the provisions for any reason whatsoever. Provisions must not be made accessible to third parties (including sub-supplier) and shall not be used for purposes other than those agreed upon.
- The transfer of ownership of the goods to us must take place unconditionally and without considering the payment of the price. However, if we accept, in individual cases, an offer of the supplier based on payment of the purchase price, the retention of title by the supplier expires at the latest on payment of the purchase price for the delivered goods. In the normal course of business, we shall also remain entitled to resell the goods even before payment of the purchase price, through assignment of future claims arising thereof.
Excluded from this are, in any case, all other forms of retention of title, in particular the retention of title that is extended, the transferred and extended to further processing.
§ 10. Tools / printing plates
- Without prejudice to other agreements, we are entitled to the ownership of tools and printing plates / sleeves / stereotypes / cylinders for manufacturing the delivery item for which we have borne the costs.
- The tools and printing plates, etc. shall become our property with payment. They remain as a loan with the supplier. The supplier is entitled, only with our authorisation, to actually or legally have them or to render them permanently inoperable.
§ 11. Property rights
- The supplier shall be liable based on fault for the fact that the goods or performance are free from the rights of a third party rights and that no patents or other proprietary rights of third parties are infringed by their usage according to the contract. This shall not apply so far as the supplier has manufactured the goods according to our drawings, artwork or other similar descriptions or information, and does not know or does not need to know that this infringes intellectual property rights.
§ 12. Confidentiality
- The parties to the contract undertake to treat as trade secret all commercial and technical details that are not public, which they come to know as a result of the business relationship. Excluded from this is information that is publicly available and / or originates from an independent source, unless the public availability or the availability from this source is due to a breach of the confidentiality obligation by a contracting party.
- Each contracting party may publish, pursuant to paragraph 1, protected information so far as such publication is required by law or prescribed by stock exchange regulations or has been demanded by a government agency (including antitrust authorities).
- Electronic data, drawings, models, samples and other documents may not be entrusted to or made accessible to unauthorised third parties. The respective contracting party reserves all intellectual property rights and copyrights. Reproduction is only permitted within the scope of operational requirements and the provisions of copyright laws.
- The obligation to maintain secrecy applies, even after the termination of the business relationship, for a period of 5 years.
- Sub-supplier, if commissioned by the supplier with our consent, shall be obligated to maintain confidentiality.
§ 13. Jurisdiction, general provisions
- The place of performance the services is our registered office in D-63691 Ranstadt.
- If the supplier is a merchant within the meaning of the German Commercial Code, the court of jurisdiction for all disputes arising out of or in connection with the contract or these terms and conditions is the place of our registered office, as long as no exclusive court of jurisdiction exists. In addition, we are also entitled to sue the supplier at another court.
- The law of the Federal Republic of Germany, excluding international and supranational (contractual regulations) legal orders, in particular the UN sales law (CISG), shall apply to these terms and conditions and all legal relations between us and the supplier.
- The invalidity or unenforceability of individual provisions shall not affect the validity of these conditions. Ineffective or unenforceable provisions shall be deemed to be replaced by such effective / practicable provisions, which are suitable for realising as far as possible the economic purpose of the omitted provisions. The same applies to a gap in the provisions.
- Side agreements or amendments to these provisions must be in writing. The same applies to any waiver of this written form requirement.
- The supplier may advertise the supplier’s business relationship with us only with our prior written consent. This applies in particular to the use of the name RCP Ranstadt GmbH and the RCP logo.