• AGB ohne AGB Gesetz: Versteckte Gefahren in U.S. Terms and Conditions of Sale (German)
  • June 18, 2012 | Authors: Steven H. Thal; Florian von Eyb
  • Law Firm: Phillips Nizer LLP - New York Office
  • This article alerts our readers of the hidden dangers in the fine print. Showcasing real life examples of clauses with devastating consequences, it reminds of the importance to review and if necessary negotiate terms and conditions of sale with the same diligence as an individual contract. Much different from Germany, no statutes exist in the U.S. that limit the freedom of contract with respect to terms and conditions. Business people without U.S. legal experience may be surprised that clauses which would be unenforceable under German law are perfectly legal under U.S.-law. The article will help the reader to avoid these surprises, spot disadvantageous clauses and encourages to reject or negotiate them instead of accepting them as "standard".