{"id":5730,"date":"2026-07-17T16:06:11","date_gmt":"2026-07-17T14:06:11","guid":{"rendered":"https:\/\/terraessence.de\/terms-and-conditions\/"},"modified":"2026-07-17T17:49:32","modified_gmt":"2026-07-17T15:49:32","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/terraessence.de\/en\/terms-and-conditions\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"\t\t<div data-elementor-type=\"wp-page\" data-elementor-id=\"5730\" class=\"elementor elementor-5730 elementor-5697\" data-elementor-post-type=\"page\">\n\t\t\t\t<div class=\"elementor-element elementor-element-19d077f e-flex e-con-boxed e-con e-parent\" data-id=\"19d077f\" data-element_type=\"container\" data-e-type=\"container\">\n\t\t\t\t\t<div class=\"e-con-inner\">\n\t\t\t\t<div class=\"elementor-element elementor-element-de43d14 elementor-widget elementor-widget-heading\" data-id=\"de43d14\" data-element_type=\"widget\" data-e-type=\"widget\" data-widget_type=\"heading.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t<h1 class=\"elementor-heading-title elementor-size-default\">General Terms and Conditions of Sale and Delivery<\/h1>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t<div class=\"elementor-element elementor-element-8ea730d e-flex e-con-boxed e-con e-parent\" data-id=\"8ea730d\" data-element_type=\"container\" data-e-type=\"container\">\n\t\t\t\t\t<div class=\"e-con-inner\">\n\t\t\t\t<div class=\"elementor-element elementor-element-5ea77a0 elementor-widget elementor-widget-text-editor\" data-id=\"5ea77a0\" data-element_type=\"widget\" data-e-type=\"widget\" data-widget_type=\"text-editor.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t\t\t\t\t<h2>1. Definitions<\/h2><p>1.1 The terms used in these General Terms and Conditions of Sale and Delivery<\/p><ul><li>we<\/li><li>our company<\/li><li>Terra Essence<\/li><\/ul><p>are abbreviations and refer to Terra Essence Germany GmbH.<\/p><h2>2. Applicability of the Terms and Conditions<\/h2><p>2.1 These General Terms and Conditions of Sale and Delivery (AVLB) apply exclusively; we do not recognize any conflicting or deviating terms and conditions of the customer unless Terra Essence expressly agrees to their applicability in writing. Our Terms and Conditions of Sale and Delivery shall apply even if we carry out the delivery to the customer without reservation while being aware of the customer\u2019s terms and conditions that conflict with or deviate from our Terms and Conditions of Sale and Delivery. <\/p><p>2.2 Unless otherwise agreed, the current version of the General Terms and Conditions of Sale and Delivery valid at the time the contract is concluded shall be attached as part of the contract or may also be accessed at www.terraessence.de.<\/p><p>2.3 Our General Terms and Conditions of Sale and Delivery apply only to business entities as defined in \u00a7 14 of the German Civil Code (BGB), and not to consumers as defined in \u00a7 13 of the German Civil Code (BGB).<\/p><p>2.4 Any amendments or special agreements deviating from these terms and conditions will be specifically listed in our order confirmation. The terms and conditions stated therein shall take precedence over these General Terms and Conditions of Sale and Delivery. <\/p><p>2.5 Contract manufacturing does not include a legal review of the product&#8217;s compliance with applicable market regulations. The manufacturer therefore assumes no liability or warranty regarding the accuracy or legal admissibility of the composition, dosage, claims, or labeling text specified by the customer, to the extent permitted by law. Responsibility for this lies exclusively with the customer. Furthermore, Terra Essence Germany GmbH assumes no liability for any chemical or physical reactions of the product or for its shelf life. Terra Essence shall at no time be regarded as the party placing the product on the market.    <\/p><h2>3. Quotations, Quotation Documents, Orders<\/h2><p>3.1 All quotations prepared and sent by us are made without obligation. The information provided in the quotation\u2014including price, quantity, storage periods, and delivery options\u2014is non-binding. <\/p><p>3.2 If an order based on a quotation prepared by us constitutes a sales contract, we reserve the right to a two-week acceptance period.<\/p><p>3.3 Orders and supply contracts become binding only when we have confirmed acceptance of the order for the specified item in writing or when we have dispatched the goods.<\/p><p>3.4 Our offers are always made in writing. Verbal side agreements or verbal assurances made by us that deviate from a written offer are not valid unless they have been confirmed in writing. <\/p><p>3.5 All illustrations, drawings, calculations, formulations, compositions, and other documents provided by us are our property. Consequently, we reserve all rights of ownership and copyright. This includes all documents, including those marked as \u201cconfidential.\u201d Disclosure to third parties is strictly prohibited unless we have given our written consent.   <\/p><h2>4. Prices and Terms of Payment<\/h2><p>4.1 All prices quoted by Terra Essence are \u201cex works\u201d (\u201cEXW,\u201d Ex Works Incoterms 2020), excluding packaging, which will be invoiced separately. Any other agreements made are valid provided they are specified in writing in our order confirmation. The customer is responsible for the costs of delivery and transportation insurance.  <\/p><p>4.2 Our prices are net. Statutory sales tax will be charged and shown on the invoice on the date of invoicing in accordance with applicable laws. <\/p><p>4.3 A discount on the invoice amount may only be granted with our express written consent.<\/p><p>4.4 If deliveries are made to countries outside the European Union, additional costs may apply in individual cases. We are not responsible for these costs, which must be borne by the customer. These include, for example, costs for money transfers through financial institutions (e.g., exchange rate fees, transfer fees) or import duties and taxes (e.g., customs duties).  <\/p><p>4.5 The agreed-upon terms of payment are set forth in the order confirmation. Unless otherwise agreed, the purchase price is due net and without deduction immediately upon receipt of the invoice. We reserve the right to make deliveries exclusively against advance payment.  <\/p><p>In the event of late payment, the statutory provisions shall apply. In particular, we are entitled to charge late-payment interest at a rate of nine percentage points above the respective base rate of the European Central Bank, as well as a flat-rate late-payment fee of EUR 40.00 pursuant to Section 288(5) of the German Civil Code (BGB). The flat-rate late payment fee shall be offset against any damages owed, to the extent that the damages are attributable to the costs of legal action. We reserve the right to claim further damages resulting from default.    <\/p><p>If, after the conclusion of the contract, we become aware of circumstances that are likely to significantly impair the customer\u2019s creditworthiness\u2014such as a suspension of payments, a filing for insolvency, or unsuccessful enforcement proceedings\u2014or if the customer defaults on a due payment, all outstanding claims arising from the business relationship shall become due immediately. In such cases, we may withdraw from contracts that have not yet been fulfilled or have not been fully fulfilled, make outstanding deliveries only against advance payment or the provision of security, and require advance payment or appropriate security for future contracts. <\/p><p>4.6 For contracts with a term of more than three months from the date of conclusion, we are entitled to adjust the agreed price if, after the contract is concluded, our procurement or manufacturing costs demonstrably change. This applies in particular to <\/p><p>a) raw material prices, as measured by relevant market indices or documented supplier price adjustments,<\/p><p>b) energy costs, as measured by the Federal Statistical Office&#8217;s Consumer Price Index for Energy,<\/p><p>c) increases in personnel costs resulting from collective bargaining agreements or statutory requirements,<\/p><p>d) additional expenses resulting from regulatory requirements, such as new labeling obligations or changed analytical requirements.<\/p><p>A price adjustment will be made only to the extent that these cost factors have actually changed. We will pass on cost reductions in the same manner. The adjustment will be communicated to the customer in writing at least 30 days before it takes effect and, upon request, substantiated with supporting evidence.  <\/p><p>If the price increase exceeds 10 % of the price agreed upon at the time the contract was concluded, the customer may terminate the contract within 14 days of receiving the notice of adjustment, effective as of the date the increase takes effect.<\/p><p>4.7 The customer is entitled to set-off only if his counterclaims have been legally established, are undisputed, or have been acknowledged by us. Furthermore, he is authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship. A waiver of the right of retention in the case of advance payment clauses is possible only if there is an objective reason for doing so.  <\/p><p>4.8 The date on which the credit is received in the bank account specified on the invoice shall be deemed the date of payment.<\/p><h2>5. Product Specifications and Confidentiality<\/h2><p>5.1 Our products are manufactured based on specifications agreed upon with the customer. We provide the raw materials listed in the specifications. Certain additives with an E-number under EU law may not be used unless expressly agreed upon.  <\/p><p>5.2 Manufacturing takes place at selected production sites within our corporate group or at carefully selected contract manufacturers with whom we have contractual agreements. We pass on the agreed specifications in full and without modification and monitor compliance with them in accordance with industry-standard procedures. <\/p><p>5.3 Production and batch documentation is typically made available to us upon completion of manufacturing. We may subsequently review the documentation provided by the production sites. There is no obligation to conduct a comprehensive or analytical review; such reviews are conducted exclusively within the framework of our internal processes and in accordance with the documentation provided. We do not provide any further guarantee regarding the absence of individual substances.   <\/p><p>5.4 Terra Essence Germany GmbH undertakes, in accordance with sound business practices, to treat all confidential information obtained in the course of the collaboration with due care. We acknowledge the rights and obligations arising from the principle of confidentiality and undertake to use all information, documents, data, or trade secrets made available to us in connection with the business relationship exclusively for the intended purpose and not to disclose them to third parties. This obligation shall remain in effect even after the business relationship has ended, unless and to the extent that there is a legal obligation to disclose such information or the contractual partner has expressly consented in writing to such disclosure.  <\/p><h2>6. Deliveries and the Customer\u2019s Obligations to Cooperate<\/h2><p>6.1 Delivery times are non-binding unless expressly agreed to be binding. Production may not begin until all technical issues\u2014including the documents required for packaging, such as labels\u2014have been clarified and submitted to us. The customer must meet the following deadlines to ensure that the delivery date we have scheduled can be met without any delays for which we are not at fault:  <\/p><ul><li>Label templates must be received by us no later than three weeks before production begins; folding box templates must be received no later than five weeks before production begins; if provided by the customer, they must arrive at our production site no later than two weeks before production begins.<\/li><\/ul><p>We can only meet our delivery obligations if the customer fulfills its obligations properly and on time. Delays in the delivery date that are attributable to the technical conditions mentioned above are not our responsibility. <\/p><p>6.2 Delivery dates are non-binding unless they have been expressly agreed upon in writing in the order confirmation as binding fixed dates within the meaning of Section 286(2)(4) of the German Civil Code (BGB) or Section 376 of the German Commercial Code (HGB). Terms such as \u201cfixed,\u201d \u201cimmediate,\u201d \u201curgent,\u201d or similar phrases in offers, order confirmations, or other correspondence do not constitute a fixed date without an express written agreement.  <\/p><p>6.3 If the delivery date specified by us is delayed, the customer must grant us a grace period of at least an additional four weeks to fulfill the contract.<\/p><p>6.4 If we are prevented from performing our services due to events of force majeure, the delivery periods shall be extended by the duration of the hindrance plus a reasonable restart period. Force majeure includes all events that are unforeseeable and unavoidable for us and beyond our reasonable control, in particular natural disasters, epidemics, and pandemics involving significant governmental restrictions, war, terrorism, embargoes, lawful strikes and lockouts, as well as failures of key suppliers for which we are not responsible, provided that no reasonable alternative source of supply exists. <\/p><p>We will immediately inform the customer of the occurrence and expected duration of a force majeure event. If the event lasts longer than eight weeks, both parties are entitled to withdraw from the contract with respect to the unfulfilled delivery obligations. Any advance payments already made for services not yet rendered will be refunded immediately. Claims for damages arising from force majeure are excluded to the extent that we are not responsible for the hindrance.   <\/p><p>6.5 The following obligations of cooperation and due care on the part of the Customer define the scope of our obligations, without prejudice to any further agreements applicable in the respective individual case:<\/p><p>6.5.a The Customer is obligated to review the manufacturing and packaging proposals submitted by us with respect to galenic formulation, shape, dimensions, packaging materials, all text information and labeling, and in doing so to consult and comply with all applicable laws and regulations, in particular the German Medicines Act, the German Food, Consumer Goods, and Animal Feed Code, as well as all relevant EU directives. The customer assumes a no-fault guarantee for the accuracy and completeness of the information provided by the customer for production by us. <\/p><p>6.5.b If raw materials, materials, packaging, or other materials required for production are provided by the customer, they must comply with statutory or otherwise generally accepted quality standards, but at a minimum with our quality standards.<\/p><p>6.5.c Raw materials, materials, packaging, machinery, or other items required for production that are provided by the customer will be insured against fire, water damage, storm damage, theft, and vandalism only upon the customer\u2019s express request and at the customer\u2019s expense. With regard to the safekeeping of these items provided by the customer, we are liable only to the extent of the care we typically exercise in our own affairs. The customer is obligated to provide at least 5% more raw materials or packaging materials than the required production quantity to compensate for production-related losses. Production-related losses are common and cannot be claimed against Terra Essence Germany GmbH. These limitations of liability do not apply if damage results from injury to life, limb, or health caused by a negligent breach of duty on our part or an intentional or negligent breach of duty by a legal representative or agent.    <\/p><p>6.5.d The customer is obligated to provide written notice of any special requirements\u2014in particular regulatory requirements or specifications from e-commerce platforms (e.g., Amazon)\u2014in a timely manner prior to the start of production. In the absence of such express notice, our standard specifications as set forth in Section 5 shall apply, including the approval of auxiliary materials used exclusively as processing aids without any technological function in the final product. <\/p><p>6.6 Partial deliveries are permitted provided they are reasonable for the customer. In contract manufacturing, production-related quantity deviations are customary in the industry. Deviations of up to plus or minus 10% of the ordered quantity are permitted; for order quantities under 10,000 units, the permissible deviation increases to plus or minus 15%. Invoicing is based on the quantity actually delivered.   <\/p><p>6.7 If the customer culpably fails to fulfill its contractually agreed obligations to cooperate or is in default of acceptance, we are entitled to demand compensation for all damages and costs incurred up to that point, including any additional expenses. Any further statutory or contractual claims remain unaffected by this provision. In particular, in the event of missing labeling information (e.g., design, text, or similar), we reserve the right, after sending two written reminders, to deliver the ordered goods without labeling and to invoice the customer accordingly, unless a response is received within a reasonable period of time. In the event of a lack of response, we also reserve the right to separately invoice the customer for any additional costs incurred due to the delay, in particular storage and financing costs.   <\/p><p>6.8 Provided the conditions of Section 6.5 are met, the risk of accidental loss or accidental deterioration of the purchased goods passes to the customer upon their handover to the customer or the carrier at the Terra Essence facility. This applies even if Terra Essence arranges the transport on behalf of the customer or carries out the transport itself. The customer must take out adequate insurance to cover the aforementioned risks.   <\/p><p>6.9 The customer\u2019s obligations to inspect and give notice of defects under Section 377 of the German Commercial Code (HGB), as well as the warranty provisions in Section 8, remain unaffected. Complaints must be submitted to us in writing. In the case of complaints regarding analytically detectable quality deviations\u2014in particular, microbiological findings, deviations in active ingredient content, or contamination\u2014the complaint letter must be accompanied by a test report from a laboratory accredited in accordance with DIN EN ISO\/IEC 17025. Complaints without the required evidence do not entitle the customer to assert claims for defects to the extent that such evidence is objectively necessary to establish the defect.    <\/p><p>6.10 The customer is responsible for ensuring that all specifications provided by the customer\u2014in particular labels and declaration content, product information, formulation specifications, advertising claims, and other information\u2014are complete, correct, and legally permissible. The customer shall bear all costs and expenses associated with a product recall or other measures resulting from incorrect, inaccurate, or incomplete customer specifications. The customer shall fully indemnify Terra Essence Germany GmbH against all resulting damages, recall costs, third-party costs, contractual penalties, and all other claims by third parties, and shall hold it harmless in this regard.  <\/p><p>6.11 Scrap, production waste, leftover quantities, and other surplus materials generated in the course of fulfilling the order shall\u2014unless otherwise agreed in writing\u2014be disposed of at the customer\u2019s expense. The customer shall bear any disposal fees or additional expenses. <\/p><h2>7. Extended Retention of Title<\/h2><p>7.1 All goods delivered by Terra Essence remain the property of Terra Essence until the purchase price has been paid in full. If the purchase price for a delivered item has been paid, but there are still outstanding claims against this customer at the time of payment arising from the business relationship with Terra Essence, we further reserve title to the delivered items until all claims have been paid in full. In the case of an open account, the reserved title serves as security for Terra Essence\u2019s claim for the balance due.  <\/p><p>7.2 The processing, treatment, or transformation of the purchased goods delivered under retention of title is carried out by Terra Essence as the manufacturer within the meaning of \u00a7 950 of the German Civil Code (BGB), but without assuming any obligations as a manufacturer. If the processing or transformation is carried out together with other materials not owned by Terra Essence, Terra Essence shall be entitled to proportional co-ownership of the new item in the ratio of the invoice value of the goods delivered under retention of title to the invoice value of the processed goods. In all other respects, the same provisions apply to the item created through processing or transformation as to the purchased goods delivered under retention of title. This also applies in the event of mixing, whereby the purchased goods delivered by us become inseparable. If this results in a principal item for the customer, it is deemed agreed that the customer shall transfer proportional co-ownership to Terra Essence.    <\/p><p>7.3 The customer is authorized to resell the goods delivered under retention of title in the ordinary course of business, provided that the customer fulfills its obligations arising from the business relationship with Terra Essence in a timely manner. The customer hereby assigns to Terra Essence, in advance, all claims arising from both authorized and unauthorized resale, which correspond to the invoice price (including sales tax) of the goods delivered by us. The names and addresses of the purchasers, as well as the amount of the respective claim, must be disclosed to us upon first request. The customer is authorized to collect the claims assigned to Terra Essence as long as the customer duly fulfills its payment obligations to us and does not revoke this authorization for any other valid reason. Terra Essence accepts the advance assignments governed by this provision. If Terra Essence has acquired co-ownership as a result of processing, combination, or mixing, the assignment shall be made in proportion to the value of the goods delivered by us under retention of title (invoice total plus VAT) relative to the value of the goods sold by the customer.     <\/p><p>7.4 Until the goods delivered under retention of title, or the new goods created through combination, mixing, treatment, or processing, have been properly disposed of, the customer must store them separately from other goods. The customer shall bear all costs and expenses necessary for their preservation during this period and shall be liable for any deterioration. The goods must be adequately insured against damage, loss, and destruction. Upon our request, written proof of such insurance must be provided.   <\/p><p>7.5 Any pledging or transfer of ownership by way of security of the purchased goods or the resulting new goods is prohibited. The customer must immediately notify us of any seizures or other infringements of Terra Essence\u2019s ownership rights by third parties and must take appropriate measures to prevent them. If Terra Essence has reason to protect its rights to the delivered goods by filing a third-party objection action pursuant to \u00a7 771 of the German Code of Civil Procedure (ZPO), the customer shall be liable for the judicial and extrajudicial costs incurred by us, to the extent that the opposing party is unable to reimburse us.  <\/p><p>7.6 If the customer acts in breach of the contract\u2014in particular, in the event of late payment\u2014the customer is no longer entitled to resell or process the purchased goods that are subject to Terra Essence\u2019s retention of title. All costs incurred by us in enforcing our rights shall be borne by the customer. Terra Essence is entitled to rescind the contract and reclaim the delivered goods. The customer must immediately provide Terra Essence with all information regarding security interests and hand over the relevant documents.   <\/p><p>7.7 Should the buyer acquire claims against an insurer or other third parties as a result of damage, depreciation, loss, or other destruction of the goods subject to retention of title, such claims, together with all ancillary rights, are hereby assigned to Terra Essence Germany GmbH to the extent of the value of the goods subject to retention of title at the time of delivery, and Terra Essence Germany GmbH hereby accepts such assignment.<\/p><p>7.8 If the realizable value of the security to which we are entitled under the foregoing provisions exceeds the claims to be secured arising from the business relationship with the customer by more than 10 %, we are obligated, at the customer\u2019s request, to release security of our choice in the corresponding amount.<\/p><p>7.9 If the goods delivered by Terra Essence are located in another country and if, due to a retention of title in effect in other countries, the retention of title described in Section 7 is invalid, the customer shall bear the responsibility and costs for preserving such right. <\/p><h2>8. Warranty<\/h2><p>8.1 Claims for defects by the customer against Terra Essence are contingent upon the customer having properly fulfilled its statutory obligations to inspect the goods and give notice of defects.<\/p><p>8.2 The customer must inspect the delivered goods immediately upon receipt. Obvious defects, as well as discrepancies in quantity or identity, must be reported to us in writing within seven business days of receipt of the goods. Hidden defects must be reported to us in writing within seven business days of their discovery. Section 377 of the German Commercial Code (HGB) remains unaffected in all other respects.   <\/p><p>The notice of defect must describe the alleged defect in sufficient detail. In the case of analytically detectable quality deviations\u2014in particular microbiological, chemical, or physical parameters\u2014test reports from a laboratory accredited according to DIN EN ISO\/IEC 17025 must be attached. Where possible, sampling for disputed cases should be conducted with the participation of both parties or an independent expert.  <\/p><p>8.3 If defects are reported by the customer in a proper and timely manner, Terra Essence shall initially have the option to either provide a replacement or remedy the defect. If the first attempt at remedy fails, we shall have the right to make a further attempt at remedy. If all attempts at subsequent performance fail, the customer has the right to choose between a reduction in the purchase price or rescission of the contract. Claims for damages pursuant to Section 9 remain unaffected.    <\/p><p>8.4 The statute of limitations for claims for defects is one year from delivery of the purchased item or acceptance of the service. This limitation does not apply to <\/p><p>a) damages resulting from injury to life, limb, or health,<\/p><p>b) damages resulting from an intentional or grossly negligent breach of duty by us, our legal representatives, or vicarious agents,<\/p><p>c) claims arising from a warranty assumed by us,<\/p><p>d) claims under the Product Liability Act,<\/p><p>e) claims arising from fraudulently concealed defects,<\/p><p>f) recourse claims under Sections 445a and 445b of the German Civil Code (BGB), and<\/p><p>g) other cases in which the law mandatorily provides for longer periods.<\/p><p>Returns must be notified to us in writing in advance and require our written confirmation.<\/p><p>8.5 Warranty claims against Terra Essence may not be assigned.<\/p><p>8.6 If defects in the purchased goods result from strict compliance with the customer\u2019s instructions, errors during transportation arranged by the customer, improper storage, or improper use by the customer, Terra Essence shall be released from any warranty liability.<\/p><p>8.7 Claims for defects do not apply in the case of only minor deviations from the agreed quality, only minor impairment of usability, or damage arising after the transfer of risk as a result of improper or negligent handling, excessive strain, or due to special external influences not provided for in the contract. If the customer or third parties make improper modifications, no claims for defects shall arise with respect to such modifications or the resulting consequences. <\/p><h2>9. Liability for Fault<\/h2><p>9.1 Any liability for damages beyond that provided for in Section 8 is excluded, regardless of the legal nature of the claim asserted. This applies in particular to claims for damages arising from fault in the conclusion of the contract, from other breaches of duty, or from tortious claims for compensation for property damage. These limitations of liability do not apply to damages resulting from injury to life, limb, or health that are attributable to a negligent breach of duty on our part or to an intentional or negligent breach of duty by a legal representative or vicarious agent. Furthermore, this limitation of liability does not apply to other damages resulting from a grossly negligent breach of duty on our part or from an intentional or grossly negligent breach of duty by a legal representative or vicarious agent.    <\/p><p>9.2 The limitation set forth in Section 9.1 also applies to the extent that the customer demands reimbursement for wasted expenses in lieu of a claim for damages in lieu of performance. <\/p><p>9.3 To the extent that our liability for damages is excluded or limited, this also applies with respect to the personal liability for damages of our employees, workers, staff members, representatives, and agents.<\/p><p>9.4 Our liability is limited to the proper transmission of the agreed-upon product specifications to the contracted production sites, as well as to the monitoring of these specifications in accordance with industry standards. We assume no liability for unauthorized deviations by production sites or their agents, provided that we are not at fault for a breach of our selection or monitoring obligations. <\/p><p>9.5 Liability for the listability or marketability of the products with third parties (e.g., online platforms, retailers) is excluded.<\/p><p>9.6 In the event of a breach of essential contractual obligations (cardinal obligations) due to slight negligence, our liability is limited to the amount of damage that was foreseeable at the time the contract was concluded and is typical for this type of contract; however, it shall in no case exceed three times the value of the individual order in question. Essential contractual obligations are those whose fulfillment is essential for the proper performance of the contract and on whose compliance the customer may reasonably rely. <\/p><p>In the event of a breach of non-essential contractual obligations due to slight negligence, our liability is excluded.<\/p><p>The foregoing limitations do not apply in cases of willful misconduct, gross negligence, injury to life, limb, or health, guarantees expressly assumed, or claims under the Product Liability Act.<\/p><h2>10. Jurisdiction and Place of Performance<\/h2><p>10.1 The place of jurisdiction is the registered office of Terra Essence Germany GmbH, provided that the customer can be identified as a merchant. In addition, we are entitled to sue the customer in the court of the customer\u2019s place of residence. <\/p><p>10.2 The laws of the Federal Republic of Germany shall apply; the applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the provisions of private international law is excluded.<\/p><p>10.3 The place of performance is the registered office of Terra Essence Germany GmbH, unless otherwise specified in the order confirmation.<\/p><h2>11. Miscellaneous<\/h2><p>11.1 The provisions in any liability limitation agreements to be concluded with the client, including their annexes, shall apply in addition to these General Terms and Conditions and shall take precedence over them in the event of discrepancies in individual cases.<\/p><p>11.2 Should one or more provisions of these General Terms and Conditions of Sale and Delivery or of the individually negotiated contractual provisions be or become invalid, this shall not affect the validity of the remaining provisions.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"<p>General Terms and Conditions of Sale and Delivery 1. Definitions 1.1 The terms used in these General Terms and Conditions of Sale and Delivery we our company Terra Essence are abbreviations and refer to Terra Essence Germany GmbH. 2. 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