Scope of validity

These are the General Terms and Conditions of Business (hereinafter: Export GTCB) of MESCURE Limited. for contracts with customer having their branch office outside Hongkong at the time the contract was signed. If you have more than one branch office, the country in which your branch office signed the contract is   the relevant one. Our Export GTCB apply to all orders and contracts, regardless of how they are made (from the cat­alogue, online shop, etc.). Our differing “Domestic GTCB” apply to contracts with customers whose defining branch office is within Hongkong when the contract is signed.

Foreign trade law

Our obligations to execute the contract are subject to opposition to fulfilment of the contract due to obstructions or other restrictions stemming from applicable regulations of the foreign trade law (especially the export control laws including embargos or other sanctions) of the Federal Re­public of Germany, the European Union (EU) or the coun­try in which you have your headquarters. The same applies in terms of any applicable provisions of the foreign trade law of other countries. We do not check before entering into a contract whether such foreign trade law regulations might oppose execution of the contract, and we therefore make no guarantee that such obstructions do not exist, especially not for issuing approvals that might be required.After a contract is signed, we are responsible for making the administrative or other application that may be required for export and for completing the customs formalities for exporting the goods. On the other hand, you have no guar­antee of compliance with applicable regulations for transit and export or that the necessary actions will be performed. At our request you will provide proof of a required transit or import approval. Upon our request, you will also provide to us all the information and documents you have available which we will require to consider the relevant material in terms of foreign trade law. You warrant that the use of the goods by yourself as well as for any resale or disposal to third parties is not intended for the development, manu­facturing or deployment of armaments, weapons or nuclear technology or in support of these activities. In the case of resale or other subsequent disposal of the goods, you are responsible for compliance with applicable foreign trade law, including embargo regulations of the Federal Republic of Germany and the European Union (EU), insofar as they would be opposed to a hypothetical direct delivery from us to the third parties. If you violate the foreign trade law regulations cited above, you indemnify us from all claims made against us resulting from such violations and from all disadvantages arising as a result, unless you have not acted at least negligently or the violation of the law is also attributable to negligent conduct on our part.In case of delays in our services due to applications for foreign trade law approval or completion of other require­ments of foreign trade law, the delivery dates shall be postponed and the service periods for services extended to allow for a reasonable inspection time for us (generally no more than two weeks) and the administrative processing time. If the impediment to providing the service is not just temporary, we and you are entitled to withdraw from the contract (cancellation of the contract). We are entitled to withdraw from the contract in particular if a foreign trade law approval is declined or has not been issued within three months after the original delivery date or service period passed, or in any case no longer than six months after the contract was signed. Services already provided will be com­pensated mutually by both parties upon withdrawal. Claims to compensation for damages are excluded in this case.