16. General

16.1 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall, to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness, be deemed severable and the remaining provisions of the Contract shall continue in full force and effect.

16.2 Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.

16.3 Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Seller shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.

16.4 Each right or remedy available to the Company under the Contract is notwithstanding anything to the contrary without prejudice to any other right or remedy of the Company whether under the Contract or at law.

16.5 Notwithstanding anything to the contrary in the Contract no limitation of the Seller’s liability shall apply for personal injury or death caused by the Goods, in respect of damages for which the Seller is not permitted by law to exclude or limit its liability, or in case of damages due to gross negligence or wilful misconduct, or in case of any infringement of any third party intellectual property rights or in case of any breach of confidentiality undertaking.

16.6 Any notice to be served under these conditions must be in writing and may be delivered by registered mail.

16.7 The Contract and any part thereof shall be governed and construed in accordance with German law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods, Vienna dated 11 April 1980, any statute implementing that convention and any conflict of law provisions.

16.8 Any differences or disputes arising out of or in connection with the Contract and any part thereof shall be brought exclusively in the court(s) of Hanover.

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