Appendix 1: Country Specific Terms for – Germany
The terms of this Appendix 1 shall apply in case both parties are situated in Germany or klikk.com is located in Germany.
- Order of Precedence
- In the event of any conflict with the terms of the Agreement, this Appendix 1 Country Specific Terms for Germany, shall prevail.
- Payment Terms
- No alterations of payment terms.
- Limitations of Liability
- Except for each party’s liability arising out of its indemnification and payment obligations and to the fullest extent permissible by German law, liability for all claims arising hereunder, whether in contract or tort or otherwise, shall not exceed the aggregate amount of fees paid by Customer under the applicable Purchase Order during the six (6) months preceding the claim and € 2,000 (two thousand Euro), whichever the lower.
- In no event shall either party be liable for any (i) loss of data, (ii) loss of profits, (iii) loss of sales, (iv) loss of or damage to business, (v) loss of customers, (vi) business interruption, (vii) replacement services or (viii) any other indirect, incidental or consequential damages, however caused and regardless of theory of liability.
- None of the exclusions and limitations in this section 3 Appendix 1 shall apply in respect of (i) liability causing personal injury or death, (ii) liability for fraudulent misrepresentation or for fraudulently concealed defects or (iii) for gross negligence and willful conduct, or (iv) under the German Product Liability Law or, (v) for defects after having given a guarantee for the quality of the products [Beschaffenheitsgarantie].
- The limitations of liability shall apply to all claims for damages, irrespective of their legal basis, including claims based on tort [Schadenersatzansprüche aus unerlaubter Handlung].
- The above limitations of liability also apply in case of claims for damages of a party against the respective other party’s employees or agents.
- The limitation period for a party’s claims for damages shall be 2 years from the point in time the claim arose, and the claiming party became aware thereof. Regardless of the claiming party’s awareness, the limitation period shall be 3 years from the damaging event.
- Section 6a of the Terms of service shall be amended by this sentence: Each party may terminate a Purchase Order and this Agreement with immediate effect in case the party is entitled to terminate for cause cannot be expected to adhere to the contract.
- Choice of Law and Exclusive Jurisdiction
- This Agreement shall be interpreted according to the laws of Germany without regard to the Vienna Convention on the International Sale of Goods (CISG) and without regard to application of choice-of-law rules or principles under the exclusive jurisdiction of the courts of Frankfurt, Germany.