Terms and conditions copyright undergoing Aachen, June 2013 – also in the software industry happen it occasionally, that a company enforces clauses in the market that this will be dominant in the market can be. Medium-sized companies can respond with legal tests of the supposedly illegal terms and conditions clause. It is important, however, to meet exact rules in AGB law, to allow this protection. General terms and conditions are pre-formulated contract terms, which facilitate the commerce between similar business processes and involve recurring agreements in the contract. Used for a variety of contracts, involving agreements that differ from regulations.
To the protection of consumers against the superior negotiating positions of companies, since the consumer has no influence on predefined policies, the rights of the consumer in GTC law 305 were anchored ff BGB. Therefore they must be understandable and the entrepreneur has the obligation to explicitly indicate in its policies. No surprising clauses must contain the general terms and conditions and in doubt their interpretations these shall be borne by the contractor. Individual agreements always have precedence over the general terms and conditions. In the entrepreneurial business similar schemes, which, however, exclude some of the legal requirements apply.
Specific liability issues can be narrowed from the outset or excluded, the warranty rights between contractor contracts are therefore limited. In competing companies, however, the possibility of controversial formulations of a competitor by a court have to check. This instrument is intended to prevent that economically superior companies are dominant in the market and at the same time cause that the policies are subject to a special control. The general terms and conditions law prevents the legal advantage of dominant companies over their weaker partners. Small and medium-sized enterprises are therefore against the dictates of large corporations protected. However, there are some gaps, where the individual negotiated contracts control are subject to not the fairness in this legislation.