Terms and conditions of PCS Systemtechnik GmbH, Munich, on deliveries and services

1.    Scope of application
1.1    PCS sells, delivers, installs and leases goods, including hardware and software, exclusively on the basis of these terms and conditions. They shall apply to all future contracts for the sale, delivery and installation of goods, even if they are not expressly agreed again.
1.2    Contractual works, standard clauses, terms and conditions of business or purchase of the customer shall not apply and shall not become part of the contract, even if individual provisions of the customer are not included in the terms and conditions of business of PCS. Any tacit delivery or provision of services by PCS shall not constitute consent to the validity of the customer's terms and conditions of business and/or contract.
1.3    These Terms and Conditions shall only apply to business customers, but not to consumers (Section 13 BGB). Business customers are entrepreneurs (§ 14 BGB) who are acting in the exercise of their commercial or independent professional activity when concluding the legal transaction, as well as legal entities under public law and special funds under public law.
1.4    PCS generates its revenue exclusively through the sale, operation and maintenance of its proprietary software solutions. The services owed under this contract and the entitlement to remuneration relate exclusively to the proprietary software solution. The provision, maintenance or distribution of open source software is not the subject of this contract.

2.    Offers, orders and conclusion of contract 
2.1.    Offers and price lists of PCS are nonbinding price information and are subject to change.
2.2.    The contract for the sale or rental, the deliveries and services shall generally be concluded by PCS's order confirmation in response to the customer's order on the basis of a corresponding PCS offer, unless the parties expressly agree on a procedure deviating from this. If the customer's order deviates from the content of PCS's corresponding offer, these deviations shall only be deemed agreed if PCS expressly accepts them in its order confirmation.
2.3.    An order may be declared completed after consultation and mutual agreement between the customer and the contractor, even if individual order items have not yet been fully performed. In this case, the services rendered up to that point shall be deemed to have been fulfilled in accordance with the contract, unless otherwise agreed in writing.

3.    Delivery item
3.1    Unless otherwise agreed in writing, the content, scope and quality of the deliveries and services owed (hereinafter referred to as "Deliveries") shall result from the order confirmation of PCS, subordinately from the offer of PCS and the product descriptions valid at the time of the PCS offer and, in addition, from these Terms and Conditions. The description of the quality of the goods shall specify the use assumed under the contract. Technical data, specifications, product descriptions or other performance descriptions are not warranties or guarantees.
3.2    Advertising statements made by a manufacturer of hardware or software shall not become part of the contract.
3.3    If the delivery of user documentation has been agreed, PCS may also provide this electronically or as integrated user assistance. 
3.4    PCS shall be entitled to provide deliveries and services of a higher quality, unless the customer cannot reasonably be expected to accept them.
3.5    PCS shall provide the deliveries free of third-party rights in the European Union, in the European Economic Area (EEA) or in the country outside the EU and the EEA in which the customer has its registered office.
3.6    The installation of the deliveries, instruction and training are not owed, unless these services have been expressly agreed.

4.    Rights of use
4.1    Offers, cost estimates, service descriptions and other documents (hereinafter collectively referred to as "Documents") provided by PCS to the customer shall be treated confidentially and may only be made accessible to third parties with the prior written consent of PCS. They shall be returned to PCS if an order is not placed. In this case, electronic copies of these documents shall be irretrievably physically deleted. The provisions of Section12 (Confidentiality) shall apply additionally.
4.2    PCS shall grant the customer the non-exclusive right, limited in terms of content and territory, to use the contractually owed software, the documentation to be supplied (if agreed) and other copyrighted services for its own purposes in the European Union (EU), the European Economic Area (EEA) or in the country outside the EU and the EEA in which the customer has its registered office, to the extent agreed. Unless other-wise agreed in writing, the right to use software shall only apply to the version and release status of the respective software specified in the order confirmation or supplied by PCS. No right to the source code of the software is granted and no entitlement to the transfer of such rights is granted.
4.3    A right to duplication (except to the extent nec-essary for use as agreed), distribution, public reproduction, translation, editing, redesign, extension or production of derivative works is expressly not granted. Similarly, no right to rent, including leasing of the software, no comparable right to transfer and no right to process third-party data with the software is expressly granted. 
4.4    Property rights and copyright notices on and in the software may not be removed; in particular, these must be retained even in the case of permitted reproductions.
4.5    Documentation, records and other materials may not be reproduced. 
 

5.    Delivery, delivery periods, delays in delivery
5.1    If the parties have agreed to call off partial quantities or partial services (call-off orders), the customer must call off and accept the partial quantities or partial services on time and in the agreed partial quantities or partial services. If, in the case of call-off orders, the term, delivery dates and/or the scope of the individual partial services and production batches have not been bindingly agreed, PCS may, after confirmation of the order, demand that they be bindingly determined by the customer, taking into account the interests and concerns of PCS. If the customer does not specify them in writing and bindingly within a period of 21 calendar days from the request, PCS may specify them bindingly for the customer. Further claims of PCS shall remain unaffected. 
5.2    Deliveries shall be made to the delivery address specified by the customer, unless the parties agree otherwise. 
The delivery time for hardware shall be approximately four (4) to six (6) weeks from receipt of the order if PCS receives the order within the period specified in the offer.
PCS shall be entitled to provide partial services and deliveries, unless such are not economically reasonable for the customer. 
5.3    Performance and delivery dates and deadlines and/or delivery periods after an agreed event (delivery times) shall only be binding if they have been expressly agreed with PCS as binding. Compliance with the delivery times for the agreed deliveries is subject to the timely receipt of the customer's order, the timely and proper provision of all supplies and cooperation services by the customer and the payment of the agreed advance payments and those requested by PCS (Section7.3 ). If these and other agreed prerequisites are not fulfilled by the customer in good time, the delivery times shall be extended accordingly plus a reasonable restart time.
5.4    PCS reserves the right to correct and timely self-delivery. PCS shall notify the customer immediately in the event of incorrect or untimely self-delivery. 
5.5    Binding delivery times shall be deemed to have been met if the agreed deliveries have been dispatched or made available for collection within a bindingly agreed delivery time. If the creation of a new item and / or the installation of the delivery items has been contractually agreed, binding delivery times shall be deemed to have been met if the creation and / or installation takes place within the agreed period.
5.6    If PCS is only in default with part of the delivery, the customer may only withdraw from the contract in respect of this part, unless the remaining parts of the delivery and service are not economically viable for the customer. 
5.7    If the customer sets PCS a deadline for the provision of the deliveries after the due date, which must always be reasonable, the customer must at the same time declare in text form, in a legally binding and unambiguous manner, whether it will continue to insist on the provision of the agreed delivery after the unsuccessful expiry of the set deadline or whether it will assert claims instead of performance. At the request of PCS, the customer shall also be obliged to declare without delay whether it will withdraw from the contract after expiry of a grace period set by it, claim damages in lieu of performance and/or reimbursement of expenses or continue to insist on performance of the agreed deliveries and services.
5.8    Acceptance of the delivery is an essential contractual obligation of the customer. If the shipment or the provision of services is delayed at the customer's request or for reasons for which the customer is responsible, the risk of performance and the risk of remuneration shall pass to the customer upon notification of readiness for shipment. 
5.9    Unless otherwise agreed in writing, delivery by PCS shall be made delivered and duty paid (CPT "Carriage Paid to", in accordance with Incoterms) to the place of delivery or use speci-fied in the order. Unless otherwise agreed in writing, delivery by the consignor from Germany, the EU or a third country shall be made delivered and duty paid (DDP "Delivered Duty Paid", in accordance with Incoterms) to the PCS premises. In the case of FCA ("Free Carrier"), the exporter must provide the corresponding export accompanying documents. The costs for this shall be borne by the exporter (e.g. Morocco).
PCS reserves the right to charge freight costs in deviation from the above-mentioned Incoterms.
5.10    If withholding tax is due on the amounts to be paid by PCS to the Contractor, it shall be withheld by PCS in accordance with the applicable regulations and paid to the competent tax authority for the Contractor's account or, if required by the applicable tax regulations, for the account of the beneficial Permissions Payee. At the Contractor's request and in accordance with applicable tax regulations, PCS shall provide the Contractor with a proper tax certificate on the payment of any withholding taxes for the Contractor's account or, if the applicable tax regulations so require, for the account of the beneficial Permissions payee.
If an applicable double tax treaty or other regulations provide for a reduction or exemption from withholding tax deduction, PCS shall only retain the reduced amount or apply the exemption if the Contractor or, if the applicable tax regulations so provide, the Beneficial Permissions Payee has provided PCS with a valid exemption certificate or other certificate in accordance with local tax regulations at least ten (10) banking days prior to the invoice date. Otherwise, PCS shall deduct and withhold the withholding taxes from the amounts owed, which shall be remitted to the competent tax authority in accordance with the applicable income tax and corporate income tax law.
The Contractor or, if required by the applicable tax regulations, for the account of the beneficial Permission Holder, shall comply with all certification, information, documentation and other obligations required for the application of reduced tax rates or exemptions under the applicable double taxation treaty or other regulations.

6.    Obligations of the client / data backup 
6.1    Cooperation and provision of materials
In addition to the cooperation services and provisions described in these Terms and Conditions, in the offer and, if applicable, in the order confirmation, the customer shall, at PCS's request, provide all necessary and appropriate cooperation services and provisions in the required quality and completeness in good time and make decisions so that PCS can provide the deliveries and services of PCS as agreed. If cooperation services and provisions and decisions are not provided in full, in the required quality or on time, the customer shall pay for the waiting times of the PCS employees concerned on the basis of the PCS price list valid at that time. PCS reserves the right to assert further claims.
6.2    The customer is obliged to carry out data backups regularly in accordance with the risk, but at least once per calendar day, and to store the data backups separately on separate hardware or storage media. The data backups must be made in such a way that they can be used in a machine-readable form (with standard programs) to restore changed or lost data without additional effort.
6.3    The provision of support services presupposes that the customer uses the products exclusively for his own commercial purposes. We explicitly point out that no support services are provided by PCS in the event of resale to an end user.

7.    Prices, terms of payment, advance payments
7.1    The customer shall pay the agreed prices, remuneration and license fees. In the absence of an express agreement to this effect, the prices, remuneration and license fees to be paid shall be based on the PCS price list valid at the time of performance/delivery. No cash discount shall be granted.
Should deviations in the actual delivery or service volume of a maximum of 10 % upwards from the contractually agreed total volume arise during the execution of the contract, these shall be deemed to have already been included in the original contract. A separate order placement or contract amendment is not required in such cases.
7.2    All prices are quoted net plus statutory VAT and other charges. Deliveries to delivery locations in Germany and Austria are carriage paid. For deliveries to delivery locations in other EU countries, the customer shall pay a flatrate shipping fee per device and, for deliveries to countries outside the EU, the transportation costs incurred in each case.  If PCS insures the delivery at the customer's request (section5.2 ), the customer shall pay the corresponding costs and fees. 
7.3    If agreed partial deliveries or partial services are provided in accordance with Section5.2 sentence 2 of these Terms and Conditions, they may be invoiced separately and independently by PCS.
7.4    The customer shall be in default with claims for payment no later than 30 calendar days from the invoice date. The statutory default interest rate shall apply to interest on arrears, usage, deferral and/or default interest. Further claims of PCS in these cases shall remain unaffected.
7.5    The customer may only offset such claims arising from the same contractual relationship that are undisputed or have been legally established. Irrespective of this, the customer may offset with a counterclaim that has taken the place of a right of retention to which the customer is entitled under the contractual relationship. 
The customer may exercise a right of retention to which he is entitled without restriction only on the basis of undisputed or legally established claims, insofar as the claims are based on the same contractual relationship. 
The customer may withhold payments due to defects only to a proportionate extent, taking into account the defect, and only if the defect exists beyond doubt. The customer shall have no right of retention if a claim for defects is timebarred.
7.6    PCS shall be entitled to make deliveries dependent on partial or full advance payment of the remuneration claims if, after conclusion of the contract, it becomes apparent to PCS that its claim to remuneration may be jeopardized due to the customer's inability to pay. This shall apply in particular if PCS has indications that the customer's financial circumstances have deteriorated significantly or if the customer is in default with the payment of not insignificant parts of the remuneration claims. The statutory rights of PCS shall remain unaffected in such cases.

8.    Retention of title
8.1    PCS retains title to the goods delivered (goods subject to retention of title) until all payments under the contract have been received. In addition, PCS shall retain title to the goods subject to retention of title until all payments arising from the business relationship with the customer have been received. 
8.2    At the customer's request, PCS shall, at its own discretion, release securities to the extent that their realizable value exceeds the claims to be secured by more than 10 %.
8.3    The customer shall not be entitled to resell the goods subject to retention of title unless the customer acquires the goods for resale as a sales partner of PCS (cf. section 8.4 below). The customer is not permitted to pledge or assign the goods subject to retention of title as security.
8.4    If the customer is a sales partner of PCS or if the customer expressly acquires the goods subject to retention of title from PCS for resale, the customer shall be entitled to resell the goods in the ordinary course of business. However, the customer hereby assigns to PCS all claims in the amount of the final invoice amount of our claim (including VAT) which accrue to him from the resale against his customers or third parties, irrespective of whether the purchased item is resold without or after processing. PCS accepts the assignment. The customer shall remain authorized to collect this claim in the ordinary course of business even after the assignment. This shall not affect PCS's right to collect the claim itself. 
However, PCS undertakes not to collect the claim as long as the customer meets its payment obligations, is not in default of payment and, in particular, no application for the opening of composition, self-administration or insolvency proceedings has been filed and payments have not been suspended. If one of the above cases occurs, the customer shall no longer be entitled to collect the assigned claims itself. In such cases, the customer shall, at PCS's first request, inform PCS of the assigned claims and their debtors, provide all information necessary for collection, hand over the relevant documents and notify the debtors (third parties) of the assignment. PCS shall also be entitled to notify the third party of the assignment and to demand payment directly to PCS.
8.5    In the ordinary course of business and as long as the customer is not in default, the customer may process, connect, install or transform the goods subject to retention of title, with the exception of contractually owed software, in the ordinary course of business. However, any connection, processing, installation or transformation shall be carried out exclusively for PCS, without PCS incurring any obligations as a result. If the goods subject to retention of title are connected or processed with other goods not belonging to PCS (third-party goods) and the third-party goods are to be regarded as the main goods, the customer shall provide PCS with a co-ownership share in this main goods in the ratio of the value of the goods subject to retention of title to the value of the main goods. The customer hereby grants PCS the corresponding co-ownership share, unless the customer is not the owner of these third-party goods. PCS hereby accepts the transfer.
8.6    In the event of seizure, confiscation, enforcement measures or other dispositions or interventions by third parties in the goods subject to retention of title or in the resulting security of PCS, the customer shall inform PCS immediately in writing or in text form in order to give PCS the opportunity to enforce its rights against the third party. The customer shall immediately inform the third party of PCS's ownership and rights in writing or in text form. If the third party is unable or unwilling to reimburse PCS for the judicial and extrajudicial costs incurred in enforcing its property rights, the customer shall indemnify PCS against such costs on first demand or re-imburse them to PCS.
8.7    In the event of a breach of duty by the customer - with the exception of an insignificant breach of a non-performance-related ancillary obligation, in particular in the event of default in payment or suspension of payment - PCS shall be entitled to seize, withdraw from and/or take back the goods subject to retention of title. The customer shall be obliged to surrender the goods subject to retention of title. The repossession or assertion of the retention of title shall not require PCS to withdraw from the contract. These actions or a seizure of the goods subject to retention of title by PCS shall not be deemed a withdrawal from the contract unless PCS expressly declares this in writing.
8.8    PCS shall be entitled to realize the goods subject to retention of title after taking them back and after giving written notice and connection of a reasonable period of time; the proceeds of realization shall be set off against the customer's liabilities - less reasonable realization costs. In particular, PCS shall be entitled to realize the goods by private sale after giving notice.

9.    Complaints and notices of defects
9.1    Duty to inspect 
The customer shall inspect a delivery of goods immediately after delivery to ensure that they are in conformity with the contract and shall notify PCS of any shortcomings - in particular defects - immediately in writing or in text form. If such a complaint is not made or not made in time, the delivery shall be deemed approved, unless the defect was not recognizable during the inspection. 
9.2    Notice of defects 
9.2.1    The customer must notify PCS of defects without delay in writing or in text form, stating in detail and comprehensibly the circumstances under which they became apparent and their effects. 
9.2.2    Alleged or suspected defects of title must also be reported to PCS immediately in writing or in text form. Any warnings or claims by third parties in connection with an alleged defect of title must be substantiated by the customer.
9.3    Transport damage
The customer must notify the carrier immediately of any recognizable transport damage or loss. Other transport damage and loss must be reported to the carrier immediately and PCS must be notified in writing or in text form. The customer shall immediately obtain a damage assessment from the railroad, postal or delivery company or from the carrier, freight forwarder or forwarding agent and forward it to PCS.

10.    Claims for defects, quality guarantee
10.1    Claims for material defects or defects of title shall become statutebarred within one year of the commencement of the statutory limitation period. The statutory periods for the customer's right of recourse in the case of a consumer goods purchase (§ 478 BGB) shall remain unaffected by the above provision.
10.2    Subsequent performance shall be effected at PCS's discretion by remedying the defect or by delivering a defectfree item or defectfree spare parts (replacement delivery). In the case of a replacement delivery, the customer shall return the defective item at PCS's expense.
10.3    In the case of software, rectification may also take the form of delivery of an update, upgrade or patch or a workaround, unless this is unreasonable for the customer.
10.4    The customer shall cooperate to a reasonable extent in the search for and analysis of the cause of the defect and shall in particular enable PCS to examine the defective items and their environment of use, provide all necessary and appropriate information and grant access to the documents from which more detailed circumstances of a reported defect may arise.
10.5    In the event that PCS has assumed a guarantee of quality and the consequences of a breach of this guarantee are not regulated in the guarantee of quality, the statutory provisions on subsequent performance and liability for the guaranteed characteristics shall remain unaffected.
10.6    The statutory provisions shall apply without restriction in the event of defects resulting from an intentional or grossly negligent breach of duty by PCS, fraudulent concealment of a defect and in cases of injury to life, limb or health due to a defect.
10.7    Section11 applies to claims for damages and reimbursement of expenses in the event of defects.

11.    Liability
PCS's liability for claims for damages or reimbursement of futile expenses, irrespective of the actual or legal grounds, shall be limited as follows:
11.1    In the event of intent, fraudulent intent, claims under the Product Liability Act and in the event of injury to life, limb or health, PCS shall be liable in accordance with the statutory provisions. The following limitations of liability shall not apply in this respect.
11.2    In the event of gross negligence, PCS's liability shall be limited to the typical damages that were foreseeable for PCS at the time the contract was concluded. This limitation of liability shall not apply in the event of gross negligence on the part of a legal representative or executive em-ployee of PCS.
11.3    In the event of slight negligence, PCS shall only be liable to the extent that the damage was caused by a breach of material contractual obligations, whereby this liability shall be limited to the typical damage that was foreseeable for PCS at the time the contract was concluded. Material contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely. 
11.4    PCS shall be liable under a guarantee it has assumed in accordance with section 10.5
11.5    The objection of contributory negligence on the part of the customer shall remain unaffected.

12.    Confidentiality
12.1    The parties shall treat as confidential any information and business secrets disclosed to them by the respective other party in the course of the initiation and performance of the contract or which become known to them in the process. 
This shall not apply if
a)    information was already in the public domain or known to the receiving party at the time of dis-closure or becoming known,
b)    information is developed by the receiving party after conclusion of the contract without using the confidential information of the other party, or
c)    information becomes public knowledge after disclosure / disclosure through no fault of the receiving party.
12.2    Furthermore, the parties are obliged to ensure confidentiality towards third parties and also towards their employees. The confidential information may be disclosed to employees of the parties who require knowledge of the confidential information for the performance of the contract if they have been obliged to maintain confidentiality in writing in advance, whereby the confidentiality obligations must be at least as strict as in these GTC.
12.3    If the customer is obliged by mandatory law, a final judgment or a non-appealable decision of a public body to disclose confidential information of PCS, the customer shall notify PCS thereof without undue delay, unless this is not permitted under the statutory provisions. The customer shall provide PCS with reasonable support in the defense against such disclosure obligations. In the event of disclosure, the customer shall only disclose as much confidential information as is necessary to fulfill its obligation. In addition, the customer shall take all measures to protect the confidential information of PCS.

13.    Protection of personal data
13.1    The parties undertake to protect and process personal data in accordance with the statutory provisions.
13.2    Insofar as PCS is to process personal data of the customer on behalf of the customer within the scope of the agreement, the parties shall enter into an additional agreement on commissioned processing.

14.    Installation requirements
14.1    The partner/customer shall ensure that PCS employees have free and safe access to the construction site. In addition, working platforms/scaffolding will be provided by the customer if the ceiling height is more than three (3) meters. 
14.2    The installation surfaces must be free of cables. If these are built as decorative surfaces, installation is carried out without guarantee. 
14.3    Prior to the installation date, all preliminary work on site must have been completed. This includes, among other things, a 230 V connection, network/outlets and cutouts in accordance with the device installation instructions. The network connection must be carried out by a specialist company (including standard-compliant acceptance measurement and logging). The PCS does not crimp RJ45 plugs/sockets. 
14.4    All cables assigned to the PCS must be laid and labeled in advance, especially those from ACM to readers/doors, in accordance with the device installation instructions. Stub cables are not permitted for multipoint cabling of the readers. The cables must be separated for each reader and door opener. Reader data lines must never be routed in the same cable as the door DO. Recommended cable types are CAT5/6/7 S-STP or J-Y(St)Y 4x2x0.6.
14.5    IP data must be provided in good time (IP address, subnet and gateway), otherwise technical commissioning will not be possible.
14.6    Power lengths/supply must be observed, depending on the device model (e.g. up to 200 m centrally supplied and up to 1,200 m with electrically isolated RS485 with external supply/I/O).
14.7    Door opener performance data for supply via ACM (per model; mixed operation 12/24 V not possible on AVM).
14.8    The software connection is not part of the hardware commissioning.
14.9    If additional work or delays occur on site, these will be invoiced additionally. The flat rates stated only apply if the requirements are met.
14.10    Acceptance shall only take place by means of countersigned proof of visit.

15.    Participation of the user in the cyber security of radio systems (RFID readers such as terminals and access readers)
15.1    Objective: If the product is radio equipment within the meaning of Directive 2014/53/EU (RED), the product is designed to meet the essential requirements for cyber security. In order to maintain this protection, the cooperation of the user is required.
15.2    Obligation to create a secure password: The user undertakes to change the preset or temporary password (if available) immediately after the initial commissioning or setup of the radio system and to assign his own secure password that meets the following criteria:

• The password must be individual and must not have any easily derivable reference to the user, the product or the manufacturer.
• The password must be sufficiently complex (recommended: at least ten (10) characters, consisting of upper and lower case letters, numbers and special characters).

15.3    Protection against misuse: By choosing and using a secure password, the user helps to ensure that the radio system is protected against unauthorized access and thus cannot be used for the misuse of third-party network resources or for the unauthorized acquisition of personal data.
15.4    Obligation to report security incidents: The user must notify the provider immediately if he suspects that the access data of the wireless de-vice has been compromised or that the device is being used without authorization, in order to enable suitable countermeasures to be taken.
15.5    Consequences of breach of duty: The provider is not liable for damage or security breaches that occur because the user has failed to set, change or keep secret a secure password in accordance with the above requirements.

16.    Other regulations
16.1    PCS may use employees, freelancers or other vicarious agents at its own discretion for the provision of services and may have deliveries and services provided by subcontractors
16.2    The courts having jurisdiction for the registered office of PCS in Munich shall have exclusive jurisdiction for all legal disputes arising from or in connection with this contract and its conclusion. Mandatory statutory places of jurisdiction shall remain unaffected.
16.3    The place of performance for the services of both parties is the PCS plant in Munich. 
16.4    This contract shall be governed by the substantive law of the Federal Republic of Germany for domestic transactions. The application of any conflict of laws rules of private international law, e.g. the UN Convention on Contracts for the International Sale of Goods (CISG of April 11, 1980, UNCITRAL) and the German International Conflict of Laws (EGBGB) are excluded.
16.5    If a provision of this contract proves to be invalid or void, this shall not affect the validity of the remaining provisions of the contract. In this case, the parties shall agree on effective replacement provisions that come as close as possible to the ineffective provisions in terms of their regulatory intentions and economic effects. The above shall apply accordingly to unintended loopholes.
16.6    Amendments and additions to the contract and these terms and conditions must be made in writing to be effective. This also applies to the waiver of the written form requirement. The written form requirement shall also be met by fax and simple text form (e.g. e-mail), with the exception of legally formative declarations (e.g. termination, withdrawal from the contract), for which the written form of § 126 BGB must be observed.
16.7    PCS shall be entitled to refuse to fulfill its obligations under the contract if this would violate export regulations.


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