1. general

These Gene­ral Terms and Con­di­ti­ons apply to all deli­veries and ser­vices pro­vi­ded by Gün­ter-Köh­ler-Insti­tut für Füge­tech­nik und Werk­stoff­prü­fung GmbH (her­ein­af­ter refer­red to as ifw Jena) to entre­pre­neurs within the mea­ning of Sec­tion 14 of the Ger­man Civil Code (BGB), unless expressly agreed other­wise. These terms and con­di­ti­ons shall be dee­med to have been accepted at the latest when the deli­very or ser­vice is orde­red. Con­flic­ting and devia­ting terms and con­di­ti­ons of busi­ness or purchase of our cus­to­mers are not reco­gni­zed; they are her­eby expressly rejec­ted. Sub­si­diary agree­ments and addi­ti­ons to the con­tract, in par­ti­cu­lar chan­ges to the fol­lo­wing terms and con­di­ti­ons, are legally inva­lid unless they have been con­firmed in wri­ting by ifw Jena. These Gene­ral Terms and Con­di­ti­ons apply accor­din­gly to ser­vice and work con­tracts as well as to mixed con­tracts.

2. offer

Unless other­wise agreed, offers made by ifw Jena shall not be dee­med to be an appli­ca­tion for the con­clu­sion of a con­tract within the mea­ning of Sec­tion 145 of the Ger­man Civil Code (BGB) and are sub­ject to change and non-bin­ding. The infor­ma­tion in the offer does not con­sti­tute a gua­ran­tee of qua­lity within the mea­ning of § 443 BGB. The docu­ments belon­ging to an offer, such as illus­tra­ti­ons, dra­wings, weights and dimen­si­ons and other per­for­mance data, are only appro­xi­mate unless they are expressly desi­gna­ted as bin­ding. ifw Jena shall have the sole owner­ship and copy­right to quo­ta­tion docu­ments, cost esti­ma­tes, cal­cu­la­ti­ons, illus­tra­ti­ons and dra­wings as well as other docu­ments. They may not be made acces­si­ble to third par­ties and must be trea­ted as con­fi­den­tial docu­ments. In the case of ser­vice, rese­arch and deve­lo­p­ment orders, a writ­ten dead­line and price com­mit­ment shall be dee­med to be a non-bin­ding indi­ca­tive dead­line or indi­ca­tive price and not a bin­ding com­mit­ment, as unfo­re­seen chan­ges to dead­lines and pri­ces may occur. We shall be bound by the pri­ces quo­ted in offers expressly marked as bin­ding for 4 weeks from the date of the offer.

3. conclusion of contract

A con­tract shall only come into exis­tence through our writ­ten order con­fir­ma­tion or through our deli­very or ser­vice. An order is bin­ding for the cus­to­mer. The infor­ma­tion pro­vi­ded to us in con­nec­tion with orders is not con­side­red con­fi­den­tial. Addi­ti­ons, amend­ments or ancil­lary agree­ments require our writ­ten con­fir­ma­tion to be effec­tive. Ver­bal agree­ments and e‑mails are inva­lid unless they are con­firmed in wri­ting. Impro­ve­ments or chan­ges to the deli­very or ser­vice by ifw Jena are per­mis­si­ble inso­far as they are reasonable for the cus­to­mer, taking into account his inte­rests and the inte­rests of ifw GmbH. Con­tracts for edu­ca­tio­nal ser­vices to be pro­vi­ded by ifw Jena (in par­ti­cu­lar trai­ning and fur­ther trai­ning events and semi­nars) are con­cluded upon regis­tra­tion. Howe­ver, ifw Jena reser­ves the right to with­draw from the con­tract in jus­ti­fied excep­tio­nal cases (e.g. no cost coverage due to insuf­fi­ci­ent num­ber of par­ti­ci­pants).

4. cancelations

Can­cel­la­tion of con­tracts is not pos­si­ble unless ifw Jena expressly agrees to the can­cel­la­tion. In the event of can­cel­la­tion of a con­tract for which ser­vices have alre­ady been pro­vi­ded by ifw Jena, the cli­ent shall be invoi­ced for the expen­ses incur­red up to the time of can­cel­la­tion plus a surcharge for loss of pro­fit. In the case of con­tracts for edu­ca­tio­nal ser­vices to be pro­vi­ded by ifw Jena, if no sepa­rate agree­ment has been made, ifw Jena will reim­burse 50% of the agreed fee if the con­tract is can­ce­led up to one week before the start of the ser­vice to be pro­vi­ded. Can­cel­la­ti­ons of the con­tract after the start and within one week before the start of the ser­vice are not pos­si­ble unless ifw Jena expressly agrees to the can­cel­la­tion. In this case, the cli­ent shall be invoi­ced for the expen­ses incur­red up to the time of the can­cel­la­tion plus a surcharge for loss of pro­fit.

5 Delivery, performance and prices

The scope and pri­ces of the deli­very or ser­vice shall be deter­mi­ned by the writ­ten order con­fir­ma­tion or, if this has not been issued, by the offer. Unless expressly agreed other­wise, we deli­ver or per­form ex works to our sta­ted busi­ness address. Addi­tio­nal ser­vices that were not included in the offer will be char­ged sepa­ra­tely. This applies in par­ti­cu­lar to mea­su­re­ments and cali­bra­ti­ons within the scope of order pro­ces­sing, the neces­sity of which was not fore­seeable at the time of pre­pa­ra­tion of the offer or order con­fir­ma­tion or which are car­ried out at the cus­to­mer’s request. In the case of lar­ger orders, pay­ments are due on inte­rim invoices issued in accordance with the work per­for­med or costs incur­red. All pri­ces are ex works plus pack­a­ging, insu­rance and postage/freight; the same applies to par­tial deli­veries and express deli­veries unless other con­di­ti­ons have been agreed sepa­ra­tely. All pri­ces are exclu­sive of VAT, which will be char­ged in addi­tion in accordance with the cur­rent sta­tu­tory rate. Unfo­re­seeable chan­ges in cus­toms duties, import and export fees of Ger­many or other sup­plier count­ries, exch­ange rates, etc. shall entitle ifw Jena to adjust pri­ces accor­din­gly. Deli­very and per­for­mance dates and dead­lines are non-bin­ding and shall only be dee­med agreed after express writ­ten con­fir­ma­tion. The deli­very or per­for­mance period shall com­mence on the date of our order con­fir­ma­tion, but not before all details of the order have been cle­arly cla­ri­fied and any neces­sary cer­ti­fi­ca­tes have been pro­vi­ded. They shall be dee­med to have been com­plied with upon timely noti­fi­ca­tion of rea­di­ness for dis­patch if the deli­very can­not be dis­patched on time through no fault of our own. ifw Jena shall be entit­led to make par­tial deli­veries and ren­der par­tial ser­vices at any time. In the case of dead­lines and dates that have not been desi­gna­ted as bin­ding in the order con­fir­ma­tion, the cus­to­mer may set us a reasonable dead­line for deli­very or per­for­mance at the ear­liest 2 weeks after their expiry. We can only be in default after this grace period has expi­red. Wit­hout pre­ju­dice to our rights ari­sing from the cus­to­mer’s default, dead­lines and dates shall be exten­ded by the period of time by which the cus­to­mer has not ful­fil­led its obli­ga­ti­ons to us. In the event of a breach of duty by ifw Jena, lia­bi­lity for dama­ges shall only be assu­med in accordance with Sec­tion 9 of these Gene­ral Terms and Con­di­ti­ons. The cus­to­mer is obli­ged to accept a work pro­du­ced for him within a period of 10 working days from deli­very, unless it is a work that can­not be accepted. If no express refu­sal of accep­tance is made within this period, the work shall be dee­med to have been accepted. The same shall apply if the cus­to­mer tacitly uses, sells, pro­ces­ses or other­wise dis­po­ses of the work.

6. shipment, transfer of risk

Ship­ment and trans­por­ta­tion are always at the cus­to­mer’s risk. The risk shall pass to the cus­to­mer, even in the case of par­tial deli­veries, as soon as the con­sign­ment has been han­ded over to the per­son car­ry­ing out the trans­por­ta­tion or has left our warehouse for the pur­pose of dis­patch or, in the case of deli­very ex works, has left our works. Sec­tions 446, 447 BGB shall apply accor­din­gly. If the ship­ment of the deli­very is delayed for reasons for which the cus­to­mer is respon­si­ble, the risk of acci­den­tal dete­rio­ra­tion and acci­den­tal loss shall pass to the cus­to­mer upon noti­fi­ca­tion of rea­di­ness for ship­ment. Sto­rage costs after trans­fer of risk shall be borne by the cus­to­mer. Fur­ther claims remain unaf­fec­ted. If the cus­to­mer is in default of accep­tance, we shall be entit­led to demand com­pen­sa­tion for the expen­ses incur­red by us; the risk of acci­den­tal dete­rio­ra­tion and acci­den­tal loss shall pass to the cus­to­mer upon the occur­rence of default of accep­tance.

7. payment

Invoices shall be paid within 14 calen­dar days of the invoice date wit­hout deduc­tion in cash or by bank trans­fer to our busi­ness account, unless ano­ther method of pay­ment has been agreed. Pay­ment shall be dee­med to have been made on the day on which it is cre­di­ted to the pay­ing agent of ifw Jena. Pay­ments are to be made free to our pay­ing agent. Pay­ment of the invoice amount by bill of exch­ange or cre­dit card is not accepted. Seve­ral cli­ents are jointly and seve­r­ally lia­ble. All claims shall become due imme­dia­tely if the pay­ment dead­line is excee­ded or the cus­to­mer sus­pends pay­ment. In such cases, we shall be entit­led to demand advance pay­ments or secu­rity depo­sits for the under­ly­ing or future deli­veries and ser­vices and, if the advance pay­ment or secu­rity depo­sit is not made within 14 calen­dar days, to with­draw from the con­tract wit­hout set­ting a new dead­line. If the set pay­ment dead­line is excee­ded, ifw Jena reser­ves the right to charge inte­rest at least at the sta­tu­tory rate. The cus­to­mer shall also bear all coll­ec­tion costs and any court and enforce­ment costs. The with­hol­ding of pay­ments or off­set­ting against coun­ter­claims of the cus­to­mer that are dis­pu­ted by ifw Jena and/or have not been legally estab­lished is not per­mit­ted. Irre­spec­tive of the cus­to­mer’s pro­vi­si­ons to the con­trary, all pay­ments shall be cre­di­ted to the oldest debt and there first to inte­rest and costs.

8. reservation of title

The goods from all deli­veries shall remain the pro­perty of ifw Jena until all claims plus addi­tio­nal costs and any inte­rest have been paid. If the cus­to­mer sells the deli­vered goods, he shall assign to ifw Jena the claims against his buyer ari­sing from the sale, tog­e­ther with all ancil­lary rights. These and the fol­lo­wing pro­vi­si­ons shall apply muta­tis mut­an­dis to ser­vices ren­de­red by ifw Jena on the cus­to­mer’s goods in the amount of the added value crea­ted. For the dura­tion of the reten­tion of title, the cus­to­mer must insure the deli­very item against all pos­si­ble damage. Pro­ces­sing and tre­at­ment of the reser­ved goods shall be car­ried out for ifw Jena as manu­fac­tu­rer within the mea­ning of § 950 BGB, wit­hout obli­ga­ting us. The pro­ces­sed goods shall be dee­med to be reser­ved goods within the mea­ning of para­graph 1. If the cus­to­mer pro­ces­ses, com­bi­nes or mixes the goods sub­ject to reten­tion of title with other goods, ifw Jena shall be entit­led to co-owner­ship of the new item in the ratio of the invoice value of the goods sub­ject to reten­tion of title to the invoice value of the other goods used. If our owner­ship expi­res as a result of com­bi­ning or mixing, the cus­to­mer her­eby assigns to ifw Jena its owner­ship rights to the new stock or item to the ext­ent of the invoice value of the goods sub­ject to reten­tion of title and shall store them free of charge for ifw Jena. The resul­ting co-owner­ship rights shall be dee­med to be reser­ved goods within the mea­ning of this pro­vi­sion. The cus­to­mer shall only be entit­led to resell, pro­cess or com­bine with other items or other­wise install the goods sub­ject to reten­tion of title (her­ein­af­ter also refer­red to as resale) in the ordi­nary course of busi­ness and as long as he is not in default. Any other dis­po­sal of the reser­ved goods is not per­mit­ted. We must be noti­fied imme­dia­tely of any sei­zu­res or other access to the reser­ved goods by third par­ties. All inter­ven­tion costs shall be borne by the cus­to­mer inso­far as they can­not be coll­ec­ted by the third party (oppo­nent of the action in oppo­si­tion) and the third-party action in oppo­si­tion has been legi­ti­m­ately brought. If the cus­to­mer defers the purchase price to his cus­to­mer, he shall reserve title to the reser­ved goods vis-à-vis his cus­to­mer under the same con­di­ti­ons under which we have reser­ved title upon deli­very of the reser­ved goods; howe­ver, the cus­to­mer shall not be obli­ged to reserve title with regard to claims against his cus­to­mer ari­sing in the future. Other­wise, the cus­to­mer is not aut­ho­ri­zed to resell the goods. The cus­to­mer’s claims ari­sing from the resale of the reser­ved goods are her­eby assi­gned to ifw Jena, which accepts this assign­ment. They serve as secu­rity to the same ext­ent as the reser­ved goods. The cus­to­mer shall only be entit­led and aut­ho­ri­zed to resell the goods if it is ensu­red that the claims to which he is entit­led are trans­fer­red to us. If the reser­ved goods are sold by the cus­to­mer tog­e­ther with other goods not sup­plied by us at a total price, the assign­ment of the claim ari­sing from the sale shall be in the amount of the invoice value of our reser­ved goods sold in each case. If the assi­gned claim is included in a cur­rent account, the cus­to­mer her­eby assigns to ifw Jena a part of the balance cor­re­spon­ding to the amount of this claim, inclu­ding the final balance from the cur­rent account. The cus­to­mer is aut­ho­ri­zed to coll­ect the claims assi­gned to us until we revoke this aut­ho­riza­tion. We are entit­led to revoke the con­tract if the cus­to­mer does not pro­perly ful­fill his pay­ment obli­ga­ti­ons ari­sing from the busi­ness rela­ti­onship with us or if we become aware of cir­cum­s­tances that are likely to signi­fi­cantly reduce the cus­to­mer’s cre­dit­wort­hi­ness. If the con­di­ti­ons for exer­cis­ing the right of revo­ca­tion are met, the cus­to­mer must, at our request, notify us imme­dia­tely of the assi­gned claims and their deb­tors, pro­vide all infor­ma­tion neces­sary for the coll­ec­tion of the claims, hand over the rele­vant docu­ments to us and notify the deb­tor of the assign­ment. We are also entit­led to notify the deb­tor of the assign­ment our­sel­ves. If the value (in the case of claims the nomi­nal value, in the case of mova­ble pro­perty the esti­ma­ted value) of the secu­ri­ties exis­ting for us exceeds the secu­red claims by more than 50% in total, we shall be obli­ged to release secu­ri­ties of our choice at the cus­to­mer’s request. If we assert the reten­tion of title, this shall only be dee­med a with­dra­wal from the con­tract if we expressly declare this in wri­ting. The cus­to­mer’s right to pos­sess the reser­ved goods shall expire if he fails to ful­fill his obli­ga­ti­ons under this or any other con­tract. The above pro­vi­si­ons for the deli­very of goods shall also apply muta­tis mut­an­dis to the pro­vi­sion of ser­vices.

9 Warranty and liability

The war­ranty period for all goods and ser­vices pro­vi­ded by ifw Jena, with the excep­tion of con­trac­tual ser­vices (in par­ti­cu­lar rese­arch and deve­lo­p­ment ser­vices, edu­ca­tio­nal ser­vices, etc.), for which no war­ranty is assu­med, is 12 months. It beg­ins with the trans­fer of risk in accordance with Sec­tion 6 of these Gene­ral Terms and Con­di­ti­ons. The data sheets belon­ging to the respec­tive pro­duct and enc­lo­sed or available for down­load are an inte­gral part of the con­tract. If the manu­fac­tu­rer’s or ifw Jena’s recom­men­da­ti­ons for use are not fol­lo­wed, if chan­ges are made to the pro­ducts or if they are ope­ned or tam­pe­red with, any war­ranty shall be void unless the cus­to­mer can prove that the defect is not due to this. The rejec­ted goods must be retur­ned to ifw Jena in the ori­gi­nal or equi­va­lent pack­a­ging for inspec­tion. In the event of a jus­ti­fied and timely notice of defects, we shall remedy the defects by way of sub­se­quent per­for­mance at our dis­cre­tion by eli­mi­na­ting the defect or deli­ve­ring a defect-free item, wher­eby we shall bear the costs of reme­dy­ing the defect inso­far as these are not increased by the fact that the deli­very item has been taken by the cus­to­mer to a place other than the place of per­for­mance. We are entit­led to refuse sub­se­quent per­for­mance in accordance with the sta­tu­tory pro­vi­si­ons. In the event of refu­sal of sub­se­quent per­for­mance or its fail­ure, the cus­to­mer shall be entit­led to with­draw from the con­tract or to a reduc­tion (reduc­tion of the remu­ne­ra­tion). The cus­to­mer shall only be entit­led to with­draw from the con­tract – inso­far as with­dra­wal is not excluded by law – or to reduce the purchase price after the expiry of two unsuc­cessful reasonable dead­lines set by him for sub­se­quent per­for­mance. In the event of with­dra­wal, the cus­to­mer shall be lia­ble for dete­rio­ra­tion and loss not only for his own cus­to­mary care, but also for any negli­gent and inten­tio­nal fault. In addi­tion, the cus­to­mer shall com­pen­sate ifw Jena for the bene­fits deri­ved. No lia­bi­lity or war­ranty is assu­med for pro­ducts or parts the­reof that are sub­ject to pre­ma­ture wear and tear due to their nature or the way in which they are used, or for nor­mal wear and tear. Fur­ther­more, no lia­bi­lity is accepted for damage resul­ting from impro­per sto­rage, natu­ral wear and tear, incor­rect or negli­gent hand­ling, exces­sive or unsui­ta­ble use, unsui­ta­ble ope­ra­ting mate­ri­als, che­mi­cal, elec­tro­nic or elec­tri­cal influen­ces as well as wea­ther and natu­ral influen­ces. If mate­ri­als pro­vi­ded by the cus­to­mer are used, no lia­bi­lity or war­ranty shall be assu­med for these. If pro­mi­sed pro­per­ties are chan­ged by the use of mate­ri­als pro­vi­ded, this shall not be dee­med a defect. Ifw Jena shall not be obli­ged to take back the goods, to reduce their value or to repair them. The goods deli­vered or ser­vices ren­de­red by ifw Jena must be inspec­ted imme­dia­tely for qua­lity and quan­tity. ifw Jena shall only be lia­ble for defects dis­co­vered in the pro­cess if these are repor­ted in wri­ting imme­dia­tely after deli­very or per­for­mance. § Sec­tion 377 HGB applies accor­din­gly. War­ranty claims must be repor­ted imme­dia­tely, but no later than one week after the defect occurs. The­re­af­ter, all war­ranty claims shall lapse. The cus­to­mer shall grant us the neces­sary time and oppor­tu­nity free of charge to make any chan­ges we deem neces­sary and to sup­ply spare parts. The war­ranty and lia­bi­lity for dama­ges shall lapse if the repair is car­ried out by the cus­to­mer or a third party com­mis­sio­ned by the cus­to­mer. The repla­ce­ment of parts or assem­blies does not result in any new war­ranty peri­ods, except in cases of intent or gross negli­gence. Work car­ried out on the basis of reco­gni­zed war­ranty claims by the cus­to­mer shall only lead to a sus­pen­sion of the limi­ta­tion period. ifw Jena reser­ves the right to make tech­ni­cal and design chan­ges to the pro­ducts. In the case of repla­ce­ment deli­veries with impro­ved pro­ducts, the dif­fe­rence in value will be char­ged. In the event of impro­per use of our pro­ducts or their use as a com­po­nent of a sys­tem solu­tion that results in damage, we must reject any claims, inclu­ding claims for dama­ges. ifw Jena shall not be lia­ble for damage that has not occur­red to the deli­very item its­elf, in par­ti­cu­lar ifw Jena shall not be lia­ble for loss of pro­fit or for other finan­cial los­ses of the cus­to­mer. In the case of damage that has occur­red to the cus­to­mer’s pro­perty within the frame­work of ser­vice or work con­tracts, ifw Jena shall be lia­ble up to the agreed remu­ne­ra­tion (exclu­ding VAT) at the most. We shall only pay com­pen­sa­tion for dama­ges and/or expen­ses due to breach of con­tract, brea­ches of duty during con­tract nego­tia­ti­ons, brea­ches of con­trac­tual obli­ga­ti­ons, delay or impos­si­bi­lity if we or our vica­rious agents can be accu­sed of intent or gross negli­gence. Howe­ver, our lia­bi­lity – except in the case of intent – shall be limi­ted to the typi­cal damage fore­seeable at the time of con­clu­sion of the con­tract. All claims for dama­ges and/or reim­bur­se­ment of expen­ses against us, on wha­te­ver legal grounds, shall become time-bar­red at the latest one year after deli­very of the item to the cus­to­mer, in the case of tor­tious lia­bi­lity from the time of know­ledge or grossly negli­gent igno­rance of the cir­cum­s­tances giving rise to the claim and of the per­son lia­ble to pay com­pen­sa­tion. Any shorter sta­tu­tory limi­ta­tion peri­ods shall take pre­ce­dence. The exclu­sion of lia­bi­lity and the limi­ta­tion period shall not apply in the event of injury to life, limb or health or in the event of frau­du­lent con­ce­al­ment of a defect or man­da­tory lia­bi­lity under the Pro­duct Lia­bi­lity Act.

10. property rights

In the case of pro­duc­tion accor­ding to dra­wings, samples and other ins­truc­tions of the cus­to­mer, we assume no war­ranty and lia­bi­lity for the func­tion­a­lity of the pro­duct and for other defects, inso­far as these cir­cum­s­tances are based on the cus­to­mer’s ins­truc­tions. The cli­ent shall indem­nify ifw Jena against any third-party claims, inclu­ding pro­duct lia­bi­lity claims, for damage cau­sed by the deli­very or ser­vice, unless we have cau­sed the damage inten­tio­nally or through gross negli­gence. The cus­to­mer war­rants to us that the manu­fac­ture and deli­very of the goods pro­du­ced in accordance with his ins­truc­tions does not inf­ringe any third-party pro­perty rights. In the event that indus­trial pro­perty rights are asser­ted against ifw Jena, we shall be entit­led to with­draw from the con­tract after hea­ring the cus­to­mer, wit­hout any legal exami­na­tion of any third-party claims, unless the third party with­draws the asser­tion of the indus­trial pro­perty rights within 14 calen­dar days by writ­ten decla­ra­tion to us. The cus­to­mer shall com­pen­sate ifw Jena for any damage cau­sed by the asser­tion of pro­perty rights. In the event of with­dra­wal, the work per­for­med by ifw Jena to date shall be remu­ne­ra­ted. Fur­ther rights under the sta­tu­tory pro­vi­si­ons remain unaf­fec­ted. The drafts, data sheets, molds, tools, con­s­truc­tion docu­ments, other results worthy of pro­tec­tion, etc. pro­du­ced by us for the exe­cu­tion of the order are exclu­si­vely our pro­perty. The cus­to­mer shall not be entit­led to any claims in this respect, even if he par­ti­ci­pa­tes in the costs for the pro­duc­tion of the deve­lo­p­ment docu­ments and molds, tools and design docu­ments, unless expressly agreed other­wise. Any use of these docu­ments by the cus­to­mer or a third party com­mis­sio­ned by the cus­to­mer is pro­hi­bi­ted and shall give rise to claims for dama­ges by ifw Jena.

11. miscellaneous/severability clause

The place of per­for­mance for our ser­vices and the cus­to­mer’s pay­ment obli­ga­tion is our sta­ted place of busi­ness. All legal rela­ti­onships bet­ween ifw Jena and the Cli­ent shall be gover­ned by the law of the Fede­ral Repu­blic of Ger­many, exclu­ding the con­flict of laws pro­vi­si­ons of Ger­man pri­vate inter­na­tio­nal law. The UN Con­ven­tion on Con­tracts for the Inter­na­tio­nal Sale of Goods (CISG) shall also not apply. From the trans­fer of owner­ship of our deli­very, the buyer is respon­si­ble for com­pli­ance with the appli­ca­ble sta­tu­tory import and export regu­la­ti­ons. The exclu­sive place of juris­dic­tion for all dis­pu­tes ari­sing directly or indi­rectly from the con­trac­tual rela­ti­onship shall be our regis­tered office. The afo­re­men­tio­ned place of juris­dic­tion shall apply to non-mer­chants if claims have to be asser­ted by way of dun­ning pro­cee­dings. Howe­ver, we can also take legal action against cus­to­mers before the courts of their gene­ral place of juris­dic­tion. ifw Jena would like to point out that per­so­nal data rela­ting to the busi­ness rela­ti­onship with the cus­to­mer will be stored and that this data may also be trans­mit­ted to affi­lia­ted com­pa­nies of ifw Jena for busi­ness pur­po­ses. Should indi­vi­dual pro­vi­si­ons of this con­tract be or become inva­lid or unen­forceable, this shall not affect the vali­dity of the remai­ning pro­vi­si­ons. The inva­lid or unen­forceable pro­vi­sion shall be repla­ced by a valid or enforceable pro­vi­sion that achie­ves the pur­pose of the inva­lid or unen­forceable pro­vi­sion to the grea­test ext­ent pos­si­ble.