General terms and conditions of CONIUNCTA®
1. SCOPE
(1) The offers and contracts from CONIUNCTA®, (hereinafter "CONIUNCTA®") regarding the development, manufacture, adaptation and delivery of CONIUNCTA®>Proproducts and other services provided by CONIUNCTA® are subject exclusively to the following general terms and conditions (“Terms and Conditions”). They also apply to all future deliveries, services or offers to the customer, even if they are not separately agreed again.
(2) These General Terms and Conditions apply exclusively. Differing, conflicting or supplementary general terms and conditions of the customer will only become part of the contract if and to the extent that CONIUNCTA® has expressly agreed to their validity. This consent requirement applies in every case, for example even if CONIUNCTA® carries out the delivery to the customer without reservation in the knowledge of the customer's general terms and conditions.
2. CONCLUSION OF THE CONTRACT
(1) The contract is concluded when CONIUNCTA® issues a written order confirmation or when CONIUNCTA® makes a delivery arranged by the customer. Any previous declarations by the customer, in particular confirmation letters, are only considered an offer to conclude a contract. Verbal promises made by CONIUNCTA® before the conclusion of this contract are legally non-binding and oral agreements between the contracting parties are replaced by the written contract unless they expressly state that they continue to be binding.
(2) Unless otherwise agreed in writing, all offers, the documents belonging to the offers such as Proproduct information, price lists and other documents are from CONIUNCTA® non-binding. For the definition of the nature of a CONIUNCTA®-Proproduct or a service to be provided by CONIUNCTA® , only the descriptions in the written order confirmation by CONIUNCTA® are decisive.
(3) CONIUNCTA® always reserves the right to make changes or adjustments to the CONIUNCTA®-Proproducts and, unless otherwise agreed, will do so at the customer's own discretion inform about any changes or adjustments.
(4) Unless otherwise agreed, reserves the right CONIUNCTA® reserves the property rights and copyrights to all offers, cost estimates, recipes, drawings, illustrations, calculations, Prospectacles, catalogues, models, tools and other documents and aids submitted. The customer may not make these items and documents accessible to third parties, disclose them, use them or reproduce them themselves or through third parties without the express consent of CONIUNCTA® . At CONIUNCTA® 's request, the customer must return these items in full and destroy any copies made if they are no longer needed in the normal course of business or if negotiations do not lead to the conclusion of a contract. Excepted from this is the storage of electronically provided data for the purpose of normal data backup.
3. SUBJECT OF THE CONTRACT
(1) The specific subject matter of the contract results from the customer's order on which the contract is based and the corresponding order confirmation by CONIUNCTA®. The services of CONIUNCTA® can include in particular:
(a) Delivery of standardized CONIUNCTA®-Products that do not require individual adaptation for the respective customer (hereinafter "standardproducts" ).
(b) Development, manufacture and delivery of CONIUNCTA®-Proproducts on behalf of and according to the customer's specifications, which are distributed and sold by the customer under its own name and brand (hereinafter "Private Label Products").
(c) Development, manufacture and delivery of syntheses and/or method developments according to the customer's specifications (hereinafter “customer synthesis”).
(2) The development and delivery of private label Proproducts or customer syntheses takes place within the agreed time frame on the basis of the Pro product specifications/analysis certificates agreed between the customer and CONIUNCTA®according to a format specified by CONIUNCTA® . The customer is entitled to change and adapt the Proproduct specifications at any time up to delivery.
Any changes and adjustments require the consent of CONIUNCTA®to be effective. CONIUNCTA® will inform the customer about the possible change in the remuneration and the production and delivery dates and obtain consent for this. Any additional time and costs associated with the Customer's changes and adjustments will be invoiced to the Customer. If the customer does not agree to the changes, CONIUNCTA® is not obliged to make the changes. CONIUNCTA® is entitled to charge the customer the costs of testing the feasibility of the customer's change requests.
Customer syntheses are based on preliminary concepts based on literature research and our own experience in synthesizing similar molecules were created to the best of our knowledge. However, there remains a residual risk that the intended customer synthesis will not be successful and the target molecule cannot be produced or cannot be produced in the intended quantity or purity. If the agreed goal can only be achieved with significantly greater effort, the previous paragraph applies accordingly. If the customer does not agree to the adjustments, CONIUNCTA® is entitled to withdraw from the contract and to invoice for the services provided up to the withdrawal.
(3) The risk of suitability and use rests exclusively with the customer. The occurrence of a specific economic success, unless expressly agreed otherwise, is not owed.
(4) CONIUNCTA® is entitled, in the event of non-fulfillment of the customer's obligations to cooperate, to terminate the contract after expiry of a reasonable period of time set by CONIUNCTA® . In addition, CONIUNCTA® is entitled to invoice the customer for any additional expenses it may incur.
(5) CONIUNCTA® is entitled to invoice orders on time if the customer fails to comply with the set delivery deadlines set.
(6) CONIUNCTA® is authorized to use one to invoice additional costs incurred due to unforeseeable or unannounced conditions when providing and processing orders for third-party materials.
(7) CONIUNCTA® is entitled to use suitable subcontractors to fulfill partial tasks of the overall order according to its own selection and discretion.
(8) CONIUNCTA® is authorized, already to invoice services provided or to be provided within the scope of the notification of availability to deliver. Readiness to deliver means that CONIUNCTA® can invoice at any time for order-related services that do not require direct customer cooperation . This includes unfinished products (semi-finished products without influence on a completion option on the part of CONIUNCTA®).
(9) CONIUNCTA® is entitled to name the customer as a reference customer, stating his company name.
4. COMPENSATION, REPLACEMENT IN CASE OF TERMINATION
(1) Unless otherwise agreed in writing, the compensation is understood to be net prices ex works plus statutory sales tax. Any special payments related to the payment of the remuneration (e.g. bank fees, currency exchange fees, etc.) are borne by the customer. The remuneration is in euros. Packaging return and packaging disposal must be agreed upon separately.
(2) If the customer makes use of his right of termination in accordance with Section 648 BGB. CONIUNCTA® can, instead of the claims arising from § 648 BGB, invoice the services provided up to the point of termination and, in addition, demand a flat rate amounting to 10% of the remuneration for the services not yet carried out as compensation for other expenses and lost profits. The customer's right to prove that the damage CONIUNCTA® in accordance with Section 648 of the German Civil Code was significantly lower than the flat rate or CONIUNCTA® no damage at all remains unaffected.
5. TERMS OF PAYMENT
(1) The agreed total price or advance payments thereon will be invoiced in accordance with the agreed payment plan.
(2) Payments must be made without deductions within 14 days of receipt of the invoice. CONIUNCTA® is entitled to issue invoices electronically, unless otherwise agreed. The customer may request the issuance of physical invoices at any time.
(3) CONIUNCTA® pays within a period of 60 days after receipt and inspection of goods or after inspection of the provision of services.
(4) In the event of late payment, the statutory provisions apply Consequences of default.
(5) Compliance with contractually agreed development, production and delivery deadlines requires the fulfillment of the agreed cooperation and advance performance obligations as well as the customer's other contractual obligations. If the customer is in arrears with the provision of his cooperation or advance performance obligations as well as his other contractual obligations, in particular payment obligations from previous contractual relationships, CONIUNCTA® can refuse further performance of the service.
(6) Offsetting or retention on the part of the customer is only permitted due to undisputed or legally established counterclaims of the customer.
(7) CONIUNCTA® is entitled to refinance claims against customers located in Germany and EU countries to abcfinance GmbH, Kamekestr. 2-8, 50672 Cologne, to be assigned. When the contract is concluded, the buyer will be informed whether the claim will be assigned. In these cases, payments with a debt-discharging effect can only be made to abcfinance GmbH. Their bank details will be communicated to the buyer when the contract is concluded.
(8) CONIUNCTA® reserves the right to make claims and agreed payment terms due immediately in the event of changes or the customer's creditworthiness is insufficient or for protection the ability to continue as a going concern at its own discretion change.
6. DELIVERY, PERFORMANCE PERIOD
(1) Delivery is EXW (Incoterms 2020), unless expressly agreed otherwise. In the case of import into non-EU countries, the customer also takes over the organization of the import. Any import restrictions to the delivery location requested by the customer are at the customer’s expense.
(2) All deadlines specified by CONIUNCTA® , in particular development and delivery dates, are only binding if they are expressly designated as binding by CONIUNCTA® . The expiry of binding deadlines entitles the customer to assert the legal rights to which he is entitled - subject to the corresponding restrictions in these General Terms and Conditions - but only after the unsuccessful expiry of a reasonable remedial deadline set by him.
(3) CONIUNCTA® is not liable for impossibility of delivery or for delays in delivery, insofar as these are due to force majeure or other events that were not foreseeable at the time the contract was concluded (e.g. Operational disruptions of all kinds, difficulties in the procurement of materials or energy, transport delays, epidemics and pandemics, strikes, lawful lockouts, shortages of workers, energy or raw materials, difficulties in obtaining necessary official approvals, official measures or the absence, incorrect or not timely delivery by suppliers) for which CONIUNCTA® is not responsible.
If such events CONIUNCTA® make the delivery or service significantly more difficult or impossible and the hindrance is not only temporary, CONIUNCTA® is entitled to withdraw from the contract. In the event of temporary obstacles, the delivery or service deadlines are extended or the delivery or service dates are postponed by the period of the hindrance plus a reasonable start-up period. If the customer cannot reasonably be expected to accept the delivery or service as a result of the delay, he can withdraw from the contract by immediately notifying CONIUNCTA® in writing.
(4) CONIUNCTA® is entitled to make partial deliveries if
• the partial delivery can be used by the customer within the scope of the contractual intended purpose is,
• the delivery of the remaining goods is ensured and
• the customer does not incur any significant additional effort or additional costs as a result (unless CONIUNCTA® agrees to assume these costs) .
7. TRANSFER OF RISK
(1) The risk passes to the customer at the latest when the item is handed over to the warehouse, forwarding agent, freight carrier, other third parties designated to carry out the shipment or the customer himself, with the start of the completion notification and booking process or the loading process is decisive. This also applies if partial deliveries are made or CONIUNCTA® has taken on other services (e.g. shipping). If shipping or handover is delayed due to a circumstance caused by the customer, the risk passes to the customer from the day on which the goods are ready for delivery and CONIUNCTA® has informed the customer of this.
(2) If delivery is delayed at the customer's request, the risk passes to the customer from the day on which readiness for dispatch is reported.
(3) Storage costs after transfer of risk are borne by the customer. When stored by CONIUNCTA® , the storage costs are 0.25% of the invoice amount of the delivery items to be stored pro for the past week. We reserve the right to assert and provide proof of additional or lower storage costs.
(4) Any deliveries will only be made by CONIUNCTA® against theft, breakage, transport, Fire and water damage or other insurable risks are insured.
(5) If the contractually agreed services require acceptance, the Product is deemed to have been accepted when
• the delivery is completed,
• CONIUNCTA® this is communicated to the customer with reference to the fiction of acceptance according to this paragraph (5) and requested to accept it
• Twelve working days have passed since the delivery of the development result or the customer has started using the CONIUNCTA®-Proproduct (e.g. started selling the Proproduct or the Product used as part of its own Proproduction) and in this case six working days have passed since delivery and
• the customer has failed to accept the goods within this period for a reason other than a defect reported to CONIUNCTA® which makes the use of the CONIUNCTA®-Proproduct impossible or significantly impairs it .
8. RETENTION OF TITLE, PROHIBITION OF ASSIGNMENT
(1) CONIUNCTA® retains ownership of the delivered CONIUNCTA®-Proproducts until full receipt of the contractually agreed payments on claims of CONIUNCTA® from the underlying contract ( Delivery of CONIUNCTA®-Proproducts) and any business relationships preceding this contract regarding similar CONIUNCTA®-Proproducts with the customer, including legal claims. The customer is obliged to mark the CONIUNCTA®-Products that are not yet his property accordingly.
(2) The customer may use the CONIUNCTA®-Products that are subject to retention of title and resell in the ordinary course of business as long as the customer is not in default of payment. However, the customer may not pledge the CONIUNCTA®-Proproducts subject to retention of title or transfer them as security. The customer's claims for payment against his customers from a resale of the CONIUNCTA®-Proproducts subject to retention of title as well as those claims of the customer regarding the CONIUNCTA®-Proproducts that arise from any other legal reason against his customers or third parties ( in particular claims arising from unlawful acts and claims for insurance benefits), including all balance claims from current accounts The customer now transfers the full amount to CONIUNCTA® as security.
(3) The customer may collect these claims assigned to CONIUNCTA® on his own behalf in his own name for CONIUNCTA® as long as CONIUNCTA® has this authorization not revoked. This does not affect CONIUNCTA®'s right to collect these claims itself; However, CONIUNCTA® will not assert the claims itself and will not revoke the direct debit authorization as long as the customer properly meets his payment obligations.
(4) However, if the customer behaves in breach of contract - in particular if he is in default with the payment of a payment claim - CONIUNCTA® can demand that the customer CONIUNCTA® accept the assigned claims and the respective announces the debtor, informs the respective debtors of the assignment and CONIUNCTA® hands over all documents and provides all information, which CONIUNCTA® is required to assert the claims.
(5) Any processing or transformation of the CONIUNCTA®-Proproducts subject to retention of title by the customer is always carried out for CONIUNCTA® .If the CONIUNCTA®-Proproducts subject to retention of title are processed with other items that do not belong to CONIUNCTA® , CONIUNCTA® acquires co-ownership of the new item in proportion to the value of the CONIUNCTA®-Product ( Final invoice amount including sales tax) to the other processed items at the time of processing. Otherwise, the same applies to the new item created through processing as to the CONIUNCTA®-Products subject to retention of title.
If the CONIUNCTA®-Products subject to retention of title are not combined with others CONIUNCTA® belongings are inseparably connected or mixed, so acquires CONIUNCTA® Co-ownership of the new item in the ratio of the value of the CONIUNCTA®-Products subject to retention of title (final invoice amount including sales tax) to the other connected or mixed items at the time of connection or mixing. If CONIUNCTA®-Products are connected or mixed in such a way that
the customer's item is to be viewed as the main item, the customer and CONIUNCTA® already agree that the customer CONIUNCTA® pro rata Co-ownership of this item is transferred.
(6) Kicks CONIUNCTA® withdraws from the contract if the customer behaves in breach of contract, in particular in the event of late payment, CONIUNCTA® is entitled to take back the CONIUNCTA®-Proproducts that are not yet the property of the customer at the customer's expense and/or to claim damages from the customer to demand. Further claims of CONIUNCTA® remain unaffected by this.
(7) In the event of seizures, confiscations or implementation of compulsory enforcement measures by third parties, the customer must immediately notify CONIUNCTA® in writing.
The customer bears the costs of asserting and enforcing the claims of CONIUNCTA® regarding the CONIUNCTA®-Products that are not yet the property of the customer.
(8) Insofar as the Value of the existing securities the claims of CONIUNCTA® against the customer from the underlying contract and any business relationships preceding this contract regarding similar Proproducts between CONIUNCTA® and the customer by more than 10%, CONIUNCTA® is obliged, at the customer's request, to release appropriate securities at CONIUNCTA® 's free choice.
9. WARRANTY
(1) The subject matter of the contract is exclusively the CONIUNCTA®-Product with the properties and features as well as the intended use in accordance with the individual contractual agreement and the Proproduct specification on which the individual contract with the customer is based or the certificate of analysis [Section 3 ( 2)]. There is no defect and the warranty is excluded if and to the extent
• the defect is due to the fact that the CONIUNCTA®-Products are not transported and/or stored protected from light, or
• the defect is due to the CONIUNCTA®-Products cannot be transported and/or stored at the recommended room temperature of 15 to 25°C, or
• the defect is due to primary and secondary packaging provided by the customer, or
• the CONIUNCTA®-Proproducts were outside of CONIUNCTA® controlled orfrom CONIUNCTA® certified warehouses, or
• the CONIUNCTA®-Products are further processed by a third party without prior consent , or
• the CONIUNCTA®-Proproducts due to raw materials show segregation phenomena such as sedimentation and/or creaming, or
• the CONIUNCTA®-Products contain, for technical reasons, traces of other raw materials that can be used in accordance with EC/1223/2009 and DIN EN ISO 22716, or
• the of CONIUNCTA® according to EC/1223/2009 and DIN EN ISO 22716 as marketable regulated raw materials are not recognized by third parties, or
• the CONIUNCTA®-Proproducts within the framework of technical progress or internal Proprocess changes were changed, or
• the CONIUNCTA®-Products fluctuations in adjusting agents according to EC/1223/2009 and DIN EN ISO 22716 such as buffers and/or gelling agents have,
• the CONIUNCTA®-Products were adjusted to maintain delivery capability.
(2) Other or more extensive properties and/or features and/or a purpose beyond this are only considered agreed if they are expressly confirmed in writing by CONIUNCTA® . The enclosed Proproduct descriptions as well as the individually agreed quality do not represent the assumption of a quality or durability guarantee within the meaning of § 443 BGB or § 639 BGB, unless otherwise contractually agreed between CONIUNCTA® and the customer.
(3) CONIUNCTA® reserves the right due to manufacturing and material-specific reasons Special circumstances require an excess or short delivery of 10% of the order quantity. Differences in quantities will be compensated for in a follow-up order.
(4) The customer is obliged to carefully inspect the delivered CONIUNCTA®-Proproduct immediately after delivery to him or to a third party designated by him. The respective Product is deemed to have been approved by the customer with regard to obvious defects or other defects that would have been recognizable during an immediate, careful inspection if CONIUNCTA® does not receive a written complaint of defects within five working days of delivery. With regard to other defects, the CONIUNCTA®-Products are deemed to have been approved by the customer if the complaint CONIUNCTA® is not received within five working days of the time at which the defect became apparent; If the defect was already apparent to the customer at an earlier point in time during normal use, this earlier point in time is decisive for the start of the complaint period. At the request of CONIUNCTA® , a rejected CONIUNCTA®-Proproduct must be returned freight prepaid to CONIUNCTA® . If the complaint is justified, CONIUNCTA® will reimburse the cost of the cheapest shipping route; This does not apply if the costs increase because the CONIUNCTA®-Product is in a location other than the place of intended use.
(5) In the event of material defects in the delivered CONIUNCTA®-Produkts is CONIUNCTA® initially available after a choice must be made within a reasonable period of time We are obliged and entitled to make repairs or replacement deliveries. In the event of failure, i.e. the impossibility, unreasonableness, refusal or unreasonable delay of repair or replacement delivery, the customer may withdraw from the contract or reduce the purchase price appropriately.
(6) CONIUNCTA® is entitled to cancel the non-fulfillment in its entirety to refuse if it involves disproportionate costs or is impossible for other reasons. Further rights of the customer remain unaffected.
(7) The warranty period is one year and begins with delivery to the customer or another recipient named by the customer or from the time of acceptance, if and to the extent that acceptance is necessary. This deadline does not apply to the customer's claims for damages arising from injury to life, body or health or from intentional or grossly negligent breaches of duty by CONIUNCTA® or his vicarious agents, which expire in accordance with the statutory provisions.
(8 ) The CONIUNCTA®-Products may be Products that require official approval. It is the customer's responsibility to acquire any necessary official approvals/certificates and to inquire about the requirements before placing an order and to inform CONIUNCTA® about this. CONIUNCTA® does not guarantee that the CONIUNCTA®-Proproducts, in particular the private label Proproducts or customer syntheses, meet the requirements for official approval. CONIUNCTA® assumes no liability with regard to suitability for the respective regulatory area. The responsible person is always the customer.
10. LIABILITY
(1) In the case of intent and gross negligence, CONIUNCTA® is liable without limitation.
(2) In the case of simple negligence, liability is unlimited CONIUNCTA® only
a) for damages resulting from injury to life, body or health,
b) for damages resulting from the violation of an essential contractual obligation (i.e. an obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly trusts and can rely); In this case, however, liability is limited to compensation for foreseeable, typically occurring damage. The limitations of liability resulting from the previous sentence do not apply if CONIUNCTA® has fraudulently concealed a defect or has given a guarantee for the quality of the goods. The same applies to customer claims under the Produkthaftungsgesetz.
Any further liability of CONIUNCTA® is excluded.
(3) As far as CONIUNCTA® provides technical information or acts in an advisory capacity and this information or advice does not relate to the contractually agreed scope of services owed by him belong, this is done free of charge and to the exclusion of any liability.
11. CLARIFICATION NOTES ON INSURANCE COVERAGE AND REGULATORY INFORMATION
(1) In the event of an exemption agreement, with regard to the scope of insurance coverage for the services and Products of CONIUNCTA® , reference is made to the following clause from the insurance contracts between CONIUNCTA® and AXA Versicherung AG pointed out: “Insurance cover exists for the indemnity agreed by the policyholder in favor of his customer or client from third-party claims for damages due to personal injury, property damage or resulting financial losses caused by products manufactured or delivered by the policyholder or work performed or other services. The prerequisite is that the claim is due to a defect that already existed at the time when the product left the policyholder's control or when the policyholder completed his work and/or his services.If there is contributory negligence/contributory causation on the part of the customer or client benefiting from the declaration of exemption, insurance coverage for the declaration of exemption only exists to the extent that this corresponds to the share of fault/causation of the policyholder, even if the agreement states otherwise. The released company does not acquire any direct claims against AXA Versicherung AG."
(2) It is the customer's responsibility to ensure suitable insurance cover for possible claims made against him by his customers, insofar as the claim is based on Error is due to his area of responsibility.
(3) Furthermore, CONIUNCTA® points out that the insurance cover is only available within of the European Union applies. If and to the extent that the customer intends to sell the CONIUNCTA®-Proproducts outside of Europe, he will inform CONIUNCTA® of this at the latest when placing the order and obtain the consent of CONIUNCTA® . Without the consent of CONIUNCTA® , distribution of the CONIUNCTA®-Proproducts outside of Europe is not permitted.
12. PROPRIETARY RIGHTS AND INFRINGEMENTS
(1) All existing registered and unregistered property rights and know-how remain with CONIUNCTA®. This also applies to any intellectual property rights and know-how that arise during the development and production of private label products or customer syntheses. The customer is not entitled to use any information provided to him that concerns registered and unregistered property rights and know-how of CONIUNCTA®for purposes outside of this contract (e.g. own production).
(2) Will After the effective conclusion of the contract between CONIUNCTA® and the customer, violations of property rights are asserted against the customer by third parties and the use of CONIUNCTA® - Proproducts are impaired or prohibited by this,CONIUNCTA®will, within a reasonable period of time, at its own discretion, change or replace the CONIUNCTA® - Proproducts in such a way that they no longer affect the intellectual property rights of third parties, however correspond to the contractually agreed quality.CONIUNCTA®is entitled, instead of the aforementioned procedure, to reverse the contract concluded with the customer and to return the CONIUNCTA® - Proproducts against reimbursement of the remuneration paid by the customer after deduction of an appropriate value replacement forProproducts that cannot be returned , take back.
(3) If third-party claims are made against the customer due to an alleged Infringement of property rights by CONIUNCTA® - Proproducts is raised, the customer must leave the sole decision toCONIUNCTA®to conduct any disputes resulting from this. In particular, the customer may not enter into a settlement or make any other concessions without the prior written consent of CONIUNCTA® . CONIUNCTA® bears the entire costs of any legal dispute that may become necessary.
(4) CONIUNCTA® is not liable for infringements of intellectual property rights if CONIUNCTA® - Proproducts are not published in a form not authorized byCONIUNCTA®were used.
(5) The customer guarantees that specifications provided by it do not infringe any third party property rights. Should CONIUNCTA® be used by third parties in this context, the customer is obliged to indemnify CONIUNCTA® from third-party claims due to infringements of intellectual property rights, insofar as these third-party claims can be traced back to the customer specifications.
13.CONFIDENTIALITY
The customer is obliged to keep all information made available or known to him in connection with the contract, including information about the nature of the CONIUNCTA® - Products and about analysis, development, synthesis processes. andProcess technology, to be kept secret. CONIUNCTA®is entitled to name the customer - directly or indirectly - as a reference.
14. FINAL PROVISIONS
(1) In the event of doubt, the provisions of these General Terms and Conditions remain effective even if individual ones are legally invalid The remaining parts of the provisions are binding. The parties undertake to replace ineffective provisions with provisions that come as close as possible to the desired economic success. The same applies to any existing gaps in the contract.
(2) Changes or additions to these general terms and conditions as well as confirmed orders must be made in writing. This also applies to any changes to this written form clause.
(3) The contract concluded between the parties is subject exclusively to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(4) In In the event of disputes in connection with the contract concluded between the parties, the Cologne Regional Court has exclusive jurisdiction. Without prejudice to this, CONIUNCTA® remains entitled to bring an action at the customer's general place of jurisdiction.
(5) CONIUNCTA® is entitled, at its own discretion, to bring disputes arising from or in connection with the contract, including all Questions regarding its existence, validity or termination should be decided by arbitration in Paris under the Arbitration Rules of the International Chamber of Commerce ("ICC") instead of by ordinary courts. The arbitration tribunal should consist of 3 arbitrators. The language of the arbitration is English. If the customer intends to file a lawsuit, CONIUNCTA® is obliged, at the customer's request, to make the choice about appealing to the arbitration court within a reasonable period of time set by the customer. If CONIUNCTA® does not make a decision within the reasonable period set by the customer or if CONIUNCTA® decides against appealing to the arbitration tribunal, CONIUNCTA® 's right to appeal to the arbitration tribunal expires.
End of the Terms and Conditions. 14.05.2018.
