12 2006 г

The raising of these defects in this proceeding is late in any case. For purposes of this translation, Plaintiff of The Netherlands is referred to as [Seller] and Defendant of Germany is referred to as [Buyer]. However, it is acknowledged that general terms and conditions can become part of a contract by way of repeated, also for the hasty reader recognizable, notices in invoices or similar documents if the parties have a permanent business relationship which requires a certain frequency of contracts cf. The reference has to identify the set of clauses clearly and unambiguously to enable the other party to obtain knowledge of the content of the general terms and conditions. Moreover, [Buyer] cannot derive a claim for lack of conformity based on the fact that these plants did not prosper, as [Seller] did not guarantee that they would. Insofar, it is again to be noted that [Seller] according to its general terms and conditions did not 2006 a guarantee for growing. Therefore, [Buyer] is not entitled to set off against [Seller] compensation in the amount of 2,