incurred. If the work pieces become unusable due to circumstances

for which we are responsible, we will process similar replacement

pieces to the following extent:

a) In the event of individual orders, the customer shall provide a re-

placement piece free of charge and freight prepaid or we will deliver

quantities that have been reduced accordingly.

b) In the event of series orders we will provide compensation if the

reject rate exceeds 5% of the quantities supplied; compensation

will be paid for the costs incurred by the customer for raw materials

and wages, but no more than 5 times the processing value for the

workpiece to be replaced. At our discretion, we may also produce

or procure similar replacement pieces ourselves. The customer does

not have any claims beyond these, regardless of the legal basis.

XI. Rights of the customer to withdrawal in the event of an

impossibility of performance

1. The customer may withdraw from the contract if it becomes fi-

nally impossible for us to perform the contract in full prior to the

passing of risk. The customer may also withdraw from the contract

if, when ordering similar goods, the ful

filment of part of the delivery

becomes impossible in terms of quantity and the customer has a

legitimate interest in refusing a part delivery; if this is not the case,

the customer may reduce the consideration accordingly.

2. If impossibility of performance occurs while the customer is in

default of acceptance or is responsible for such impossibility, the

customer shall remain obliged to pay the consideration.

3. If we fail to comply with an agreed delivery time, customers shall

set a reasonable grace period for performance and if the grace pe-

riod is not met, then the customer is entitled to withdraw from the

contract.

XII. Right of the supplier to withdrawal

1. In the case of unforeseen events within the meaning of clause III.

– Provided that they significantly change the economic importance or

the content of the goods or services owed or have a significant effect

on our business – as well as in the case of an impossibility of perfor-

mance which becomes apparent subsequently, the contract shall be

reasonably adjusted. Insofar as this is not economically justifiable, we

have the right to withdraw from the contract in whole or in part.

2. The customer does not have any damages claims because of such

withdrawal. Should we wish to avail ourselves of this right of with-

drawal in our capacity as suppliers, we will immediately inform the

customer as soon as we realise the implications of the event, even

if an extension of the delivery period was initially agreed with the

customer.

XIII. Place of jurisdiction

1. If the customer is a merchant, a legal person under public law

or a special fund under public law, the place of jurisdiction for all

disputes arising from the contractual relationship shall be Gießen,

Germany. We shall also be entitled to bring legal actions at the

customer’s headquarters.

2. Unless otherwise indicated in the order confirmation, our registe-

red office shall be the place of performance.

3. German law shall apply.

Effective date 07/2020

CONTI Sanitärarmaturen GmbH

CONTI Sanitärarmaturen GmbH | Hauptstraße 98 | 35435 Wettenberg | Germany | phone +49 641 98221 0 | fax +49 641 98221 50

info@conti.plus | www.conti.plus | CONVKF1010EN | valid from 07/2021 | Subject to change without prior notice

465

I

n

f

o