Dr.-Ing. Paul Christiani GmbH & Co. KG, Technical Institute for Vocational Training, legally represented by Christiani Verwaltungs GmbH, the latter represented by its managing directors Ralf Detzel, Wolfgang Lay, Helmut Fromm and Ludwig Pfister, hereinafter referred to as Christiani - Hermann-Hesse-Weg 2, 78464 Konstanz

I. Scope
These general terms and conditions shall apply to any reciprocal claim arising from or in connection with a contract concluded between the customer and Christiani; they shall always apply in the version which is relevant at the moment of conclusion of the contract.

II. Subject matter of contract
Christiani shall supply to the customer the goods ordered after offer acceptance. In case Christiani should later realise that an error has occurred on their part, e.g. for a product, a price or for availability, Christiani shall immediately inform the customer. The customer may then place his order according to the modified conditions; otherwise Christiani shall be entitled to cancel the contract. There will not be any further claims admitted in such a case.

III. Conclusion of contract
Formation of a contract about an offered article or service shall be made by acceptance of the contract offer through Christiani. Christiani shall soon inform the customer about the acceptance of his demand for conclusion of a contract either by giving an order confirmation or, at the latest, by supplying the ordered goods.

IV. Right to revoke (for consumers only)
1.The customer shall be entitled to revoke his offer declaration. He may make use of his right to revoke within a period of 14 days after receipt of the goods. In case this revocation is dispatched within the allowed time, the deadline will be observed. The customer who makes use of his right to revoke will have to send back the goods immediately. This return has to be made at the lowest tariff. For orders amounting up to 40,00 €, the customer shall bear the expenses of return, unless the supplied goods do not correspond to the ordered goods.

2. The right to revoke shall not apply to the supply of the following goods:
- audio and video cassettes, CDs, software, if their seal has been opened
- goods produced according to customer's specification or clearly sized or adapted to personal needs.

V. Availability clause
In case Christiani should ascertain after conclusion of the contract that the ordered goods are no longer available at Christiani's site or cannot be supplied for legal reasons, Christiani may either offer an article or service of the same quality and price or cancel the contract. The proposal of a substitute delivery or of contract cancellation shall be made immediately, at least within 6 working days after receipt of the customer offer. After the contract has been cancelled either by Christiani or by the customer, Christiani shall reimburse any payment already received.
 
VI. Supply
The supply of goods shall be carried out ex works Christiani at the expense and risk of the customer, unless the customer is a consumer.

No postage shall be invoiced for any additional or subsequent supply caused by Christiani. The customer has to inform the responsible post office or transport company within 24 hours of missing cartons or damages occurred during the transport. The same shall apply to damages occurring despite proper packaging.
Replacement shall only be possible upon presentation of the written record.

For supplies abroad, the effective dispatch costs shall be invoiced.

VII. Prices
The prices for books are to be understood inclusive of the legal value added tax, the prices for all other products are to be understood exclusive of the legal value added tax. The prices are non-binding and are to be understood ex works in Euro, also for deliveries abroad. Thanks to long-term contracts with suppliers, Christiani tries to guarantee all prices for the period of validity of the catalogue. Extreme price fluctuations or other economic developments may enable upwards or downwards price corrections. The prices which are valid at the day of supply shall apply. Invoices have to be paid within 14 days after the date of invoice with a cash discount of 2 percent or within 30 days net without any discount. The invoice shall state the net price for the goods as well as the price for all other services such as packing, dispatch, insurance, added value tax valid at the moment of invoicing, etc.

Christiani reserves the right to make supplies abroad only against payment in advance.

VIII. Reservation of ownership
Christiani reserves the right of ownership for all goods supplied to the customer until final and complete payment. As far as Christiani exchanges an article within the warranties, the present terms and conditions are stipulating already today that the ownership of the goods to be exchanged shall be transferred to Christiani at that moment at which the customer receives the exchange supply.

IX. Warranty
Christiani shall warrant that the articles are free of redhibitory defects and legal infirmities at the moment of passage of risk. Immediately after receipt of the goods, the customer has to check if they are complete and without defects and, in case of defect, inform Christiani about these within one week after receipt at the latest. If there is any defect, the buyer may ask for follow-up fulfilment. In case this correction of fulfilment fails two times, the customer shall be entitled to reduce the price or to cancel the contract. Further claims, especially for damages - no matter for what legal reason - shall be excluded. This restriction of liability shall not apply in case the cause of damage is based on malice or on gross negligence on the part of Christiani or if there is a personal injury. This shall not affect customer claims arising from guaranty bonds given by the producers of technical products and joined to these. The warranty period shall be 12 months, for legal transactions with consumers 2 years. Christiani shall take over warranties only for the separate goods ordered, but not for conglomerations of goods, unless expressly agreed upon with the customer.
 
X. Liability
Christiani, their management and their employees shall be only responsible within the scope of the present regulation as well as in completion to the compelling legal stipulations. The liability of Christiani's employees shall be limited to typical foreseeable damages, whereas indirect damages shall be excluded. According to the state of art, neither data processing equipment nor software are always working faultless. According to this, Christiani cannot give technical guarantee for permanent absolutely faultless operation of the online-trade. The incalculable risks of the internet itself are to be added to the afore-said. Christiani shall therefor not be responsible for damages caused by the fact that, due to technical defects, offers to buy which have been made by the customer might not be received or not be taken into account by Christiani, unless there is a possible malice on the part of Christiani. Christiani's scope of liability according to the product liability law shall remain unaffected by the afore-said.

XI. Data privacy protection
Christiani shall ensure that customer data resulting from orders  will be filed, processed, stored and used solely in connection with the execution of an order or for internal market research and own marketing purposes. Christiani shall transmit customer data to related companies only for execution of an order.

XII. Law to apply
German law shall apply to the legal relations between Christiani and the customer as well as to the relevant general terms and conditions. Application of the UN agreement for contracts about international purchase of goods from April 11, 1988 shall be excluded. The stipulations according to the afore-said do not affect compelling regulations of the law of the state in which the customer has his usual residence; this applies if the customer has concluded a purchase order contract which cannot be classed among his vocational or industrial business (consumer contract) and if the customer has made all legal actions necessary for conclusion of this purchase order contract in the state where he has his usual residence.

XIII. Miscellaneous
The customer shall not be allowed to make setoff or retention, unless the claim is uncontested or determined by a legally binding declaratory judgement. The place of performance for payments as well as for supplies shall be the registered office of Christiani. In case separate stipulations of this contract should not be legally binding in their whole or in part or lose their legal effect later, the validity of this contract shall not be affected after all. For this case, the parties shall commit themselves to agree an effective regulation instead of the uneffective one; under consideration of the interest of both parties expressed in this contract and as far as legally possible, this new regulation shall be as near as possible to the economic purpose followed up by the former uneffective regulation. The same shall apply to the case, if the contract shows a gap which could not be foreseen by the parties. The exclusive forum (court of law?) shall be Konstanz or another legal forum chosen by Christiani, as far as the customer is either a merchant in the sense of the mercantile law code or a corporation of public law.

State:  August 1, 2002