Terms of service

General Terms and Conditions of SEIPP Handelsgesellschaft für Elektrotechnik mbH
Raiffeisenstraße 8-10, 35428 Langgöns, Germany

Status: 01/01/2026

1. General Provisions

1.1 These General Terms and Conditions (hereinafter "GTC") apply to all current and future contracts between SEIPP Handelsgesellschaft für Elektrotechnik mbH (hereinafter "SEIPP") and its business partners (hereinafter "Purchaser"), unless expressly excluded by SEIPP in writing. This version of the GTC comes into force on January 1, 2026, and replaces the previous GTC (Status 01/10/2025). Additionally assumed obligations do not affect the validity of these GTC.

1.2 Diverging terms and conditions of the Purchaser are hereby objected to. Such conditions shall not bind SEIPP even if SEIPP does not expressly object to them again or renders or accepts services without reservation.

1.3 SEIPP reserves the right to withdraw from the contract if justified doubts arise regarding the solvency or creditworthiness of the Purchaser (e.g., by refusal of advance payment given corresponding indications) and the Purchaser fails to provide adequate security despite a request to do so. Claims of the Purchaser resulting from this are excluded unless the withdrawal is based on a fault of SEIPP.

1.4 These GTC apply only to entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law, or special funds under public law.

1.5 References to the validity of statutory regulations have only clarifying significance. Even without such clarification, the statutory regulations apply insofar as they are not directly amended or expressly excluded in these GTC.

1.6 The term "claims for damages" in these GTC also includes claims for reimbursement of futile expenses (§ 284 BGB).

2. Conclusion of Contract, Deliveries

2.1 Offers from SEIPP are subject to change and non-binding unless explicitly marked as binding. Orders by the Purchaser are binding. Unless otherwise agreed, a contract is only concluded upon written order confirmation by SEIPP or by the execution of the delivery. Verbal or telephonic agreements, supplements, or ancillary agreements require written confirmation by SEIPP to be effective. The Purchaser is obliged to check the order confirmation from SEIPP immediately upon receipt for completeness and conformity with their order. Differences or discrepancies, in particular regarding the type, quantity, price, or delivery date of the goods, must be reprimanded by the Purchaser in writing to SEIPP immediately, but no later than within three (3) working days after receipt of the order confirmation. If no timely reprimand is made, the content of the order confirmation is deemed accepted by the Purchaser and becomes the binding basis of the contract, insofar as statutory regulations do not oppose this.

2.2 The documents belonging to offers, such as illustrations, drawings, weight and dimensional specifications, are only approximately authoritative unless they are expressly designated as binding.

2.3 Deliveries are made FCA Langgöns (Incoterms® 2020), Federal Republic of Germany, exclusive of incidental costs, unless otherwise agreed. Langgöns is the place of performance for the delivery and any subsequent performance.

2.4 Compliance with delivery periods presupposes the timely receipt of all documents, permits, and releases to be provided by the Purchaser, as well as compliance with the agreed payment terms and other obligations by the Purchaser. If these requirements are not met in time, the periods shall be extended appropriately unless SEIPP is responsible for the delay.

2.5 Delivery periods are only binding if they have been expressly agreed as such in writing. SEIPP endeavors to comply with them; however, these are subject to timely and proper self-delivery by upstream suppliers. Partial deliveries are permissible insofar as they are reasonable for the Purchaser.

2.6 SEIPP is not liable for the impossibility of delivery or for delivery delays insofar as these are caused by force majeure or other events not foreseeable at the time of the conclusion of the contract for which SEIPP is not responsible. These include in particular:

• Operational disruptions of all kinds, mobilization, war, acts of terrorism, riots, strikes, lockouts;
• Virus or other attacks by third parties on SEIPP's IT system, insofar as these occur despite compliance with customary care regarding protective measures;
• Obstacles due to German, US, and other applicable national, EU, or international foreign trade regulations or due to other embargoes or sanctions;
• Incorrect or untimely delivery by own suppliers if SEIPP has concluded a congruent covering transaction and SEIPP is not responsible for the non-delivery;
• Other circumstances for which SEIPP is not responsible.

If such events make delivery or performance substantially more difficult or impossible for SEIPP and the hindrance is not only of temporary duration, SEIPP is entitled to withdraw from the contract. In the case of hindrances of temporary duration, the delivery or performance periods are extended or the delivery or performance dates are postponed by the period of the hindrance plus a reasonable start-up period. Claims for damages by the Purchaser are excluded in these cases.

2.7 In the event of a delay in delivery for which SEIPP is responsible, the Purchaser may withdraw from the contract in accordance with statutory regulations after having set SEIPP a reasonable grace period to no avail, unless setting a deadline is dispensable under the law. A change in the burden of proof to the detriment of the Purchaser is not associated with this.

2.8 SEIPP may request the Purchaser to declare within a reasonable period whether they withdraw from the contract due to the delay in delivery or insist on delivery.

2.9 For domestic orders with a net goods value of less than € 150, a minimum quantity surcharge/flat-rate processing fee will be charged, resulting in a minimum order value of € 150 net. For foreign orders with a net goods value of less than € 350, a minimum order value of € 350 net applies accordingly.

3. Packaging, Shipping, Transfer of Risk

3.1 Unless otherwise agreed, SEIPP chooses packaging, shipping method, and shipping route at its dutiful discretion. SEIPP's liability in this regard is limited to intent and gross negligence.

3.2 For shipping via SEIPP's own vehicles, a shipping/packaging flat rate of € 3.00 net is charged.

3.3 Packaging material provided by SEIPP will be charged to the Purchaser. Standard packages are filled with paper wool. Upon request, filling with chips is possible; this will be charged separately at € 4.00 net.

3.4 Shipping is carried out according to Clause 2.3 FCA Langgöns. The risk passes to the Purchaser upon handover of the goods to the forwarding agent, carrier, or the person or institution otherwise designated to carry out the shipment. This also applies to partial deliveries or if SEIPP has assumed other services (e.g., shipping costs). If shipping is carried out by SEIPP's vehicles, the risk passes to the Purchaser upon completion of loading, provided that the Purchaser or a person authorized by them accepts the goods. Tolls and transport insurance are generally charged to the Purchaser unless otherwise agreed. No freight reimbursement is made for self-collection by the Purchaser.

3.5 According to the Packaging Act (VerpackG), SEIPP is not obliged to take back transport packaging from the Purchaser unless it concerns reusable packaging.

3.6 If shipping or handover is delayed due to a circumstance caused by the Purchaser (e.g., default of acceptance), the risk passes to the Purchaser from the day on which the goods are ready for dispatch and SEIPP has notified the Purchaser of this. Storage costs after the transfer of risk are borne by the Purchaser. In the case of storage by SEIPP, storage costs amount to 0.5% of the invoice amount of the delivery items to be stored per expired week. The assertion and proof of higher or lower storage costs remain reserved.

3.7 Containers provided by SEIPP on loan (e.g., spools, containers, pallet collars, etc.) remain the property of SEIPP. A deposit is charged for this, which becomes due with the invoice. The loaned material must be treated with care by the Purchaser and returned to SEIPP free of charge and in usable condition immediately after emptying, but no later than within 3 months. The return must be notified to SEIPP in advance. Upon timely receipt in perfect condition, 80% of the deposit will be credited to the Purchaser. After the expiry of 6 months from delivery, the claim for credit of the deposit lapses.

3.8 When taking back loan containers according to Clause 3.7, the following processing fees may apply depending on the credit value:

• under € 50 credit value: € 7.50 net
• under € 100 credit value: € 5.00 net
• from € 150 credit value: € 2.50 net

3.9 When taking back scrap copper, the following processing fees may apply depending on the gross weight:

• under 50 kg: € 7.50 net
• under 100 kg: € 5.00 net
• from 150 kg: € 2.50 net

4. Prices and Terms of Payment

4.1 The prices stated in SEIPP's order confirmation are authoritative, otherwise SEIPP's price list valid at the time of delivery. Prices are FCA Langgöns (Clause 2.3) plus packaging, freight, toll, insurance, and other shipping costs as well as the applicable statutory value-added tax. Prices for enameled copper wires are hollow prices (without metal value) unless otherwise stated (see Clause 8). Payments are to be made in EURO without deduction and free of charge for SEIPP.

4.2 Invoices are payable within 30 days from the invoice date without deduction (net cash). For new customers, SEIPP reserves the right to deliver only against advance payment. Receipt of money by SEIPP is decisive for the timeliness of payment.

4.3 Credit notes are to be deducted by the Purchaser from the due invoice amounts.

4.4 The Purchaser is only entitled to set-off or retention if their counterclaims have been legally established, are undisputed, or recognized by SEIPP. In the event of defects in the delivery, the Purchaser's counter-rights, in particular their right to retain a part of the purchase price reasonable in relation to the defect, remain unaffected.

4.5 If the payment deadline is exceeded, the Purchaser is in default without further reminder. SEIPP is entitled to demand default interest amounting to 9 percentage points above the respective base interest rate p.a. (§ 288 Abs. 2 BGB). The assertion of further default damage remains unaffected.

4.6 If SEIPP becomes aware of circumstances after the conclusion of the contract that are suitable to significantly reduce the creditworthiness of the Purchaser (e.g., cessation of payment, filing for insolvency), SEIPP is entitled to carry out outstanding deliveries only against advance payment or provision of security (§ 321 BGB). In these cases, SEIPP can also declare all claims from the ongoing business relationship immediately due.

4.7 If the Purchaser defaults on payment obligations and maintains a metal credit balance (copper account) with SEIPP, SEIPP is entitled to utilize this credit balance to satisfy the monetary claim. SEIPP can convert the metal credit balance into a monetary credit balance at the current rate (precious metal surcharge for copper according to Clause 8.1) on the day of asserting the right of utilization with value date on the day of the original collection/delivery of the metal. From this monetary credit balance, SEIPP can deduct the costs incurred (e.g., collection, weighing, processing) amounting to a flat rate of 15% of the monetary credit balance as well as a processing fee of € 25 net for creating the credit note. The remaining monetary credit balance is offset against the due monetary debt (§§ 387 ff. BGB). In the event of default, all other claims of SEIPP against the Purchaser (monetary and metal claims) become immediately due. Existing metal debts can be converted into monetary debts at the current rate (precious metal surcharge for copper + processing surcharge (VAZ) according to Clause 8.1) on the day of calling due.

5. Retention of Title

5.1 If SEIPP accepts metal provided by the Purchaser (e.g., scrap copper) for reworking, the metal content is credited based on the weight determined upon receipt by SEIPP and the agreed quality. Upon processing or reworking of this metal by SEIPP, ownership of the newly manufactured item passes to SEIPP pursuant to § 950 BGB without SEIPP being obligated thereby. The contractual claim of the Purchaser for remuneration of the metal value remains; unless otherwise agreed, this remuneration is made exclusively by credit to a metal account (e.g., copper account according to Clause 8) and not in money.

5.2 All goods delivered by SEIPP remain the property of SEIPP (reserved goods) until full payment of all claims of SEIPP arising from the business relationship with the Purchaser, including ancillary claims and balance claims from current accounts.

5.3 The Purchaser is obliged to treat the reserved goods with care and to insure them adequately at replacement value against fire, water, and theft damage at their own expense.

5.4 The Purchaser may neither pledge the reserved goods nor transfer them by way of security. They must notify SEIPP immediately in writing if and to the extent that third parties seize the reserved goods (e.g., attachments) or an application for the opening of insolvency proceedings over their assets is made. The Purchaser must inform the third party of SEIPP's ownership. Insofar as the third party is not able to reimburse SEIPP for the judicial and extrajudicial costs of an intervention, the Purchaser is liable for this.

5.5 The Purchaser is entitled to resell and/or process the reserved goods in the ordinary course of business as long as they are not in default of payment.

a) The processing or transformation (§ 950 BGB) of the reserved goods by the Purchaser is always carried out for SEIPP as the manufacturer, but without obligation for SEIPP. If SEIPP's (co-)ownership expires through processing, it is agreed now that the Purchaser's (co-)ownership of the uniform item passes to SEIPP in proportion to value (invoice value). The Purchaser keeps SEIPP's (co-)ownership safe free of charge.

b) If the reserved goods are processed with other items not belonging to SEIPP, SEIPP acquires co-ownership of the new item in the ratio of the value of the reserved goods (final invoice amount incl. VAT) to the other processed items at the time of processing. If the reserved goods are inseparably mixed or combined with other items not belonging to SEIPP (§§ 947, 948 BGB), SEIPP acquires co-ownership according to statutory provisions. If the Purchaser transfers co-ownership to SEIPP through combination or mixing, they shall keep this safe for SEIPP free of charge. Otherwise, the same applies to the item resulting from processing, combination, or mixing as to the reserved goods.

c) The Purchaser assigns to SEIPP by way of security all claims arising from the resale of the reserved goods (including balance claims from current accounts) in the amount of the final invoice amount (incl. VAT) of the reserved goods; SEIPP accepts this assignment. This applies regardless of whether the reserved goods were resold without or after processing. If the reserved goods are sold together with other goods not belonging to SEIPP, the claim is deemed assigned only in the amount of the value of the reserved goods.

d) The Purchaser remains authorized to collect the assigned claims in addition to SEIPP. SEIPP undertakes not to collect the claim as long as the Purchaser meets their payment obligations, does not default on payment, no application for the opening of insolvency proceedings has been made, and there is no other lack of their ability to perform. If this is the case, however, SEIPP can demand that the Purchaser discloses the assigned claims and their debtors to SEIPP, provides all information necessary for collection, hands over the relevant documents, and notifies the debtors (third parties) of the assignment. SEIPP's authority to collect the claim itself remains unaffected by this.

5.6 If the realizable value of the securities exceeds SEIPP's secured claims by more than 10%, SEIPP will release securities of SEIPP's choice at the request of the Purchaser.

5.7 If the Purchaser fails to meet their contractual obligations, in particular in the event of default in payment, SEIPP is entitled to take back the reserved goods or, if applicable, demand assignment of the Purchaser's claims for surrender against third parties. The taking back and the seizure of the reserved goods by SEIPP do not constitute a withdrawal from the contract unless SEIPP expressly declares this in writing. After prior warning, SEIPP is entitled to utilize the taken-back reserved goods; the proceeds from utilization are to be offset against the Purchaser's liabilities – minus reasonable utilization costs. The Purchaser irrevocably permits SEIPP to enter their business and storage premises for the purpose of taking back goods.

5.8 All costs incurred by SEIPP through the assertion of rights from the retention of title are borne by the Purchaser.

6. Material Defects / Warranty

6.1 The statutory regulations apply to the Purchaser's rights regarding material and legal defects (including wrong and short delivery) unless otherwise determined below. The basis of liability for defects is primarily the agreement made regarding the quality of the goods. All product descriptions that are the subject of the individual contract are considered an agreement on quality; it makes no difference whether the product description comes from the Purchaser, the manufacturer, or SEIPP. If the quality was not agreed upon, it is to be assessed according to statutory regulation whether a defect exists (§ 434 Abs. 1 S. 2 and 3 BGB). Delivery is otherwise made according to relevant DIN standards or comparable standards.

6.2 The Purchaser's claims for defects presuppose that they have complied with their statutory duties of inspection and notification of defects (§§ 377, 381 HGB). The goods must be carefully inspected immediately upon delivery. Obvious defects must be notified to SEIPP in writing immediately, but no later than within seven calendar days after delivery. Non-obvious defects must be reprimanded in writing immediately upon their discovery, but no later than within the warranty period (Clause 6.7). If the Purchaser misses the proper inspection and/or notification of defects, SEIPP's liability for the defect not notified or not notified in time or not properly notified is excluded according to statutory provisions.

6.3 Defects must be reprimanded before processing or resale of the goods.

6.4 If the delivered item is defective, SEIPP can first choose whether subsequent performance is provided by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery). SEIPP's right to refuse subsequent performance under statutory conditions remains unaffected. SEIPP is entitled to make the owed subsequent performance dependent on the Purchaser paying the due purchase price. However, the Purchaser is entitled to retain a part of the purchase price reasonable in relation to the defect.

6.5 The Purchaser must give SEIPP the time and opportunity required for the owed subsequent performance, in particular to hand over the rejected goods for inspection purposes. In the case of replacement delivery, the Purchaser must return the defective item to SEIPP according to statutory provisions.

6.6 The expenses required for the purpose of inspection and subsequent performance, in particular transport, travel, labor, and material costs as well as removal and installation costs if applicable, are borne by SEIPP if a defect actually exists. However, if a request for remedy of defects by the Purchaser turns out to be unjustified, SEIPP can demand reimbursement of the costs arising from this from the Purchaser, unless the lack of defectiveness was not recognizable to the Purchaser. Subsequent performance does not include the removal of the defective item and re-installation if SEIPP was not originally obliged to install it; claims of the Purchaser for reimbursement of corresponding costs ("removal and installation costs") remain unaffected according to statutory regulations. Claims of the Purchaser for expenses required for the purpose of subsequent performance are excluded insofar as the expenses increase because the object of delivery was subsequently moved to a place other than the Purchaser's branch, unless the transfer corresponds to its intended use.

6.7 If subsequent performance fails (e.g., after two unsuccessful attempts), constitutes an unreasonable hardship for the Purchaser, or if SEIPP has refused it according to § 439 Abs. 4 BGB, or if a reasonable deadline for subsequent performance to be set by the Purchaser has expired unsuccessfully or is dispensable according to statutory provisions, the Purchaser may, at their discretion, withdraw from the purchase contract or reduce the purchase price. However, there is no right of withdrawal in the case of an insignificant defect.

6.8 Claims of the Purchaser for damages or reimbursement of futile expenses exist even in the case of defects only in accordance with Clause 10 (Liability) and are otherwise excluded.

6.9 The warranty period is one year from delivery of the goods. This period does not apply to claims for damages by the Purchaser arising from injury to life, body, or health or from intentional or grossly negligent breaches of duty by SEIPP or its vicarious agents, which become statute-barred according to statutory provisions. It also does not apply insofar as the law prescribes longer periods according to § 438 Abs. 1 Nr. 2 BGB (buildings and items for buildings) and § 445b BGB (right of recourse), as well as in the case of fraudulent concealment of a defect or assumption of a quality guarantee. The statutory regulations on suspension of expiration, suspension, and restart of the periods remain unaffected.

6.10 Returns of defective goods to SEIPP require prior written coordination and notification. Unannounced returns may be refused. Goods damaged by the Purchaser after the transfer of risk will not be credited.

6.11 Upon delivery by transport service providers, the recipient confirms the intact acceptance of the shipment with their signature. Externally visible transport damage must be complained about immediately upon delivery to the transport company and noted on the freight documents. Acceptance of damaged packages should be made with reservation or refused. Concealed transport damages must be reported in writing immediately upon discovery, but no later than within 7 days, to the transport company and to SEIPP. Otherwise, claims arising from transport damage may be lost.

7. Voluntary Right of Return

Seipp offers the Purchaser return provisions. These can be accessed online at Return Policy.

8. Copper Account and Metal Prices

8.1 If enameled copper wire or similar products are ordered, the prices are hollow prices (base price without metal value), plus the metal value valid on the day of delivery. Unless otherwise agreed, the official "precious metal surcharge for copper" (upper quotation) plus a processing surcharge (VAZ), each from the day before shipment or an otherwise agreed reference date, applies as the copper price. SEIPP reserves the right to cover the metal requirement. All prices are exclusive of statutory value-added tax.

8.2 If the parties agree on keeping a copper account, SEIPP credits the Purchaser with the copper quantities (in kg) that SEIPP has received from the Purchaser (e.g., as provided scrap copper or delivered cathodes). Provided copper must correspond at least to the quality Electrolytic Copper Cathodes, LME-registered brands, Grade A. It must be available to SEIPP at the agreed place in good time, generally 6 weeks before the desired delivery date of the finished product or by arrangement. SEIPP monitors the account and informs the Purchaser of the balance.

8.3 Copper reworking conditions for provided scrap copper (delivered carriage paid):

Credit per 100 kg delivered scrap copper:

• Burnt: 89.000 kg fine copper
• Unburnt: 80.000 kg fine copper

Remelting/reworking costs per 100 kg delivered scrap copper:

• Burnt and Unburnt: € 160 net.

This amount is subject to change and should be requested currently if necessary.

8.4 Upon delivery of copper-containing goods to the Purchaser, the corresponding copper portion is deducted from the credit on the copper account.

8.5 If the credit on the copper account is insufficient on the day of disposition for shipment, the missing copper quantity (shortfall) is charged to the Purchaser at the copper price according to Clause 8.1 (Precious metal surcharge for copper (upper) from the previous day + VAZ) plus 3% procurement costs and 6% processing surcharge. This copper invoice is due immediately upon receipt without deduction. SEIPP is entitled to suspend further processing of the order until receipt of payment. If payment is not made within 5 working days after the invoice date, SEIPP can cancel the order and charge a processing fee of € 75 net.

8.6 Transfer of ownership in case of provision (see Clause 5.1): Ownership of copper provided by the Purchaser passes to SEIPP upon acceptance by SEIPP. The Purchaser receives a credit on their copper account for this. Remuneration in money occurs only by separate agreement.

8.7 Full price transaction: If settlement is not made via a copper account, the metal value (copper price according to Clause 8.1 from the day after order receipt or another agreed reference date) is charged in addition to the hollow price. Payment for the metal value portion is due immediately upon receipt of the invoice without deduction. Clause 8.5 applies correspondingly in the event of default in payment.

9. Reservation of Performance, Export Control

9.1 Performance of the contract by SEIPP is subject to the proviso that there are no obstacles due to national or international regulations of foreign trade law, in particular export control regulations, embargoes, or other sanctions.

9.2 The Purchaser is obliged to provide SEIPP with all information and documents required for export, transfer, or import and to prove compliance with export control regulations.

9.3 Delays due to export checks or approval procedures invalidate delivery periods. If required approvals are not granted or if delivery is inadmissible due to applicable regulations, the contract is deemed not concluded regarding the affected part; claims for damages by the Purchaser resulting from this are excluded.

9.4 If the Purchaser requires specific documentation (e.g., certificates of origin, declarations of conformity), these must be explicitly requested at the time of ordering. Subsequent requests may cause additional costs or may possibly no longer be fulfilled. This applies to all deliveries (domestic, EU, export).

10. Limitation of Liability

10.1 SEIPP is liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, SEIPP is liable only for the breach of an essential contractual obligation (cardinal obligation), the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the Purchaser regularly relies.

10.2 In the case of slight negligence, liability is limited to the foreseeable damage typical for the contract at the time of conclusion.

10.3 The limitations of liability do not apply in the event of injury to life, body, or health, in the case of fraudulently concealed defects, or insofar as SEIPP has assumed a guarantee for the quality of the goods.

10.4 The foregoing limitations of liability also apply to the personal liability of SEIPP's employees, representatives, and vicarious agents.

10.5 Any further liability of SEIPP is excluded – regardless of the legal nature of the asserted claim.

11. Place of Performance, Place of Jurisdiction, Applicable Law

11.1 The place of performance for all obligations arising from the contractual relationship is SEIPP's registered office in 35428 Langgöns.

11.2 If the Purchaser is a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive – also international – place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is SEIPP's registered office in Langgöns. The competent court is, depending on the amount in dispute, the District Court of Gießen or the Regional Court of Gießen. However, SEIPP is also entitled to bring an action at the Purchaser's general place of jurisdiction.

11.3 The law of the Federal Republic of Germany applies to these GTC and the entire legal relationship between SEIPP and the Purchaser, excluding the UN Sales Law (CISG) and the conflict of laws rules of Private International Law.

12. Data Protection

SEIPP processes personal data of the Purchaser within the scope of the business relationship in accordance with the provisions of the EU General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Further information on this can be found in SEIPP's privacy policy, which is available online at Privacy Policy.

13. Final Provisions

13.1 Should individual provisions of these GTC be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected thereby (§ 306 Abs. 1 BGB).

13.2 Instead of the invalid or unenforceable provision, the valid and enforceable regulation that comes economically closest to the sense and purpose of the invalid or unenforceable provision shall be deemed agreed. Insofar as the provisions have not become part of the contract or are invalid, the content of the contract is governed by statutory regulations (§ 306 Abs. 2 BGB).

13.3 However, the contract is invalid as a whole if adhering to it would represent an unreasonable hardship for one party to the contract, even considering the amendment provided for in paragraph 2 (§ 306 Abs. 3 BGB).