All sales of goods made by BEHR AG are subject to the following terms and conditions:
 
§ 1

1. In the following terms and conditions of delivery, performance and payment, “buyer” refers to our contractual partner and “seller” refers to BEHR AG.  
2. Our terms and conditions, which the customer tacitly acknowledges by placing an order, shall apply exclusively and to all future business even if no specific reference to them was made and provided we sent them to the customer with a confirmed order confirmed. Our terms and conditions of delivery, performance and payment shall also apply exclusively, regardless of whether the customer’s order confirmation deviates from our terms and conditions and even if we raise no objection. Deviating terms and conditions shall not apply unless we have expressly acknowledged them in writing.
3. Should individual provisions be ineffective, that shall not affect the effectiveness of the original terms and conditions. Should one of the provisions of these terms and conditions be void, the business transacted subject to these terms and conditions shall not be deemed void.

 
§ 2

1. The seller’s delivery note signed by the recipient serves as proof of delivery of the goods. The recipient must check the goods and give unequivocal details of any shortfall in quality and/or quantity of the goods delivered in writing on the delivery note.  
2.  All risks in respect of the goods shall be assumed by the customer upon delivery of same to him.  

 
§ 3

1. The buyer must notify the seller immediately of any complaints, who must give due consideration to out-of-hours periods in the interim.
2. Compensation claims asserted by the buyer shall – if legally permissible – be ruled out.

 
§ 4

BEHR AG is entitled to assign any rights arising from its general terms conditions.

 
§ 5

The goods will be invoiced at the time of delivery.

§ 6

1. The contracting parties agree that, unless otherwise mutually agreed, the term of payment shall be two weeks from the invoice date.
2. Late payment entitles the seller to charge interest at a rate of 5 per cent above the basic rate. This does not affect the seller’s right to claim further default damages.
3. Should the buyer default on any payment obligations, the issuer of the invoice reserves the right to demand immediate payment of all outstanding receivables.
4. Should the buyer receive regular deliveries and fall into arrears with one payment during the course of deliveries, BEHR AG is entitled to suspend further deliveries until the payment has been made, or to refuse to provide further goods and services and to demand compensation.

    
§ 7    

Packaging material with the protected BEHR AG trademark may be used only for goods supplied by BEHR AG.

 
§ 8

1. The goods shall remain the property of the seller until all receivables arising from the business relationship, including any outstanding balances, have been fully paid.
2. In the event of the buyer reselling the goods, the buyer hereby assigns by way of security to the seller all rights to all receivables from his customers, including any receivable outstanding balances, in the amount of the seller’s claim. The seller accepts the assignment.
3. The buyer is entitled, despite the assignment, to collect his accounts receivable. In receiving or collecting the value of the goods, the buyer shall be acting on trust for the seller, who is entitled to the proceeds up to the amount of his claim, which must therefore be surrendered to him. Should the value of the resold goods exceed the security interests of the seller, his claims including all related claims, such as interest and costs, by more than 20%, security interests at the seller’s discretion must be released at the titleholder’s request.
4. Should the buyer further process the goods, he shall be deemed to be acting on behalf of the seller, the producer in the spirit of Section 950, German Civil Code (BGB). The seller’s claim to co-ownership of the newly produced goods shall be in the ratio of the invoice value of the goods owned by him to their share in the invoice value of the processed goods. In the event of a resale of the processed goods, §3 shall apply accordingly.  

 
§ 9

1. German law shall apply exclusively.
2. The place of jurisdiction – depending upon the sum in dispute – is either the district court Amtsgericht Winsen or the regional court Landgericht Lüneburg.