General terms and conditions suppliers
The “Terms and Conditions of the Waren-Verein der Hamburger Börse eV” (Terms and Conditions, Rules of Arbitration, Rules of Procedure for Experts – www.waren-verein.de) apply exclusively to all contracts brokered by us, including the agency contract with us, with the exception of Section 5 of the Terms and Conditions of the Hamburg Stock Exchange Waren-Verein der Hamburger Börse eV, which is replaced by the following clause “Liability and compensation”:
LIABILITY AND DAMAGES
1. We are only liable for damages to the customer in the event of intent or gross negligence, unless these are based on the violation of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the customer can regularly rely ("cardinal obligation "). In the event of slight negligence, our liability is limited to the typical damage that was foreseeable at the time the contract was concluded. In particular, in this case we are not liable for the customer's lost profits and foreseeable indirect consequential damages. The above provisions also apply if our legal representatives and vicarious agents are at fault.
2. The above limitations of liability do not apply to the extent that liability is mandatory due to legal provisions, such as Sections 1, 4 of the Product Liability Act, if life, body or health have been injured or claims for damages are made due to the lack of guaranteed quality within the meaning of § 443 BGB can be asserted against us or a defect has been fraudulently concealed.
3. To the extent that liability is excluded or limited, this also applies to the benefit of our legal representatives and vicarious agents in the event of a direct claim by the customer.