Üldtingimused
EUROPART Trading GmbH
I. General
(1) We (Hereinafter also known as “Supplier“) render our services solely on the basis of the following terms and conditions. We reject a Buyer’s terms and conditions which differ from ours. They shall only become part of a contract if, and provided that, they are consistent with ours or if we have recognised them in writing. They shall not form the basis of a contract even in those cases in which we have not expressly rejected terms and conditions differing from ours. The same shall apply if consignments are sent on more than one occasion. The receipt of our goods and services shall be regarded as acceptance of our term and conditions for the duration of the entire business relationship.
(2) All side agreements, amendments and supplements to the contract must be confirmed by the Supplier to be legally valid. The same shall apply for any verbal agreements or promises which are made by the Supplier’s employees, as well as for the assurance of qualities.
(3) By “Consumer“ within the meaning of the following terms and conditions and in accordance with § 13 of the German Civil Code [BGB] is to be understood every natural person who enters into a legal transaction for a purpose which cannot be attributed to a legal transaction in the course of their commercial work for a business or as a self-employed professional.
(4) A “Businessman“ is, in accordance with § 14 of the German Civil Code [BGB] a natural person or legal entity or a partnership having legal capacity entering into a legal transaction in the course of their commercial work for a business or as a self-employed professional.
II. Offer and entering into a contract
(1) Our offers are always subject to change without notice with regard to price, delivery date and other contents. The sending out of catalogues, price lists and leaflets by us shall not place us under any obligation to supply.
(2) Dimensions and weights stated in catalogues and leaflets are always to be only understood as non-binding preliminary information.
(3) Our minimum order value of Euro 50.00 shall apply for all orders placed via the internet. We shall not grant any discount for orders below the sales prices stated in our catalogue.
(4) Orders shall be regarded as having been accepted when we have confirmed them in writing or have supplied them. The invoice shall replace the order confirmation in the latter case.
(5) An order confirmation by us shall not be required for goods which can be supplied immediately from stores. In these cases no response to the order is to be regarded as acceptance of the order in accordance with § 151 of the German Civil Code [BGB], unless we reject the order straight away. If in the event of Sentence 1 it is not possible to supply the goods immediately from store, the contract shall materialise as a result of and subject to our written order confirmation, unless the Buyer rejects the order confirmation within a period of 3 weeks from receipt of the same. The consequences of failing to object to our order confirmation shall be expressly drawn to the Buyer in the order confirmation.
(6) It shall be our written order confirmation which shall determine the volume of consignments, with the qualification that the volume supplied may deviate by up to 10 percent of the confirmed volume for special productions.
(7) The sales staff are not authorised to make verbal side agreements or to make verbal assurances which exceed the content of the written contract.
(8) We shall reserve the title rights to cost estimates, drawings and other documents. Third parties must not be allowed access to these documents without our express prior consent.
(9) The Buyer is entitled to revoke his order within 2 weeks in accordance with § 355 of the German Civil Code [BGB].
III. Pricing
(1) All prices, list prices and catalogue prices are in Euro ex Stores excluding packing and insurance unless an agreement has been made to the contrary in an individual contract or in the following. Value added tax shall be added to the prices ay the rate in force when the contract is signed. The cost of packing will be invoiced separately.
(2) It shall always be the prices in force on the delivery date which shall be invoiced.
(3) The purchase price and prices for ancillary services will become payable when the purchased item is handed over and when the invoice is handed over or sent.
(4) Prompt payment discounts may only be claimed by separate written agreement.
(5) The fulfilment of all our obligations to the Buyer shall be dependent upon the Buyer’s compliance with the terms and conditions of payment and other obligations agreed to us.
(6) The Buyer may only offset counter claims against the Supplier in those cases in which the Buyer’s counter claim is not contested or the Buyer has an enforceable instrument which has been declared final and absolute in a court of law. The Buyer may only assert a right of retention provided that it is based on claims from the same purchase contract.
IV. Delivery and taking back goods
(1) All our obligations are subject to the reservation of us being supplied on time with the proper goods. An appropriate statement by our supplier shall be regarded as sufficient proof that we are not to blame for being unable to supply the Buyer on time.
(2) Delivery dates and delivery deadlines which are to be agreed on either a binding or non-binding basis, are to be stated in writing. The delivery period shall begin once the Buyer’s revocation period of 2 weeks has expired.
(3)The delivery period shall be regarded as having been observed if the ordered goods have left the stores or the Buyer has been notified that the goods are ready for dispatch within the delivery period. Compliance with the delivery period presupposes the fulfilment of the Buyer’s obligation under the purchase agreement.
(4) If the Supplier is prevented from supplying the purchased thing by the agreed date or within the agreed delivery period, (default in delivery) as a result of circumstances for which he or his assistants are to blame, he shall be liable in accordance with the statutory provisions. If the Supplier or his assistants are not to blame for the default in delivery, the Supplier shall only be liable for damages typically occurring and which are foreseeable. If the default in delivery is only based upon a breach of a contractual duty which is not important. The Buyer may assert a lump sum claim amounting to no more than 15% of the value of the consignment to cover his default damages.
(5) Part deliveries are allowed within reasonable limits. If the Buyer has no interest in a part delivery, he may consequently set a subsequent period for delivery of the entire consignment and withdraw from the contract in the event that the rest of the consignment has not been delivered within this period.
(6) Over-deliveries and under-deliveries of up to 10 % are allowed for mass-produced goods (springs, stamped metal parts, DIN parts such as nuts and screws, other wire products etc.).
(7) If defect-free parts are taken back, regardless of whatever reason, this shall consequently be an act of accommodation by the Supplier and the Buyer shall not be able to derive any legal rights shall therefrom. The Buyer shall be invoiced for the costs incurred for putting returned goods back into store.
(8) If dispatch is delayed as a result of circumstances for which the Buyer is to blame, we shall consequently, having sent a written warning beforehand, be entitled to demand that we are reimbursed for the costs we have incurred including any additional expenditure (e.g. storage costs). In this case, having granted a reasonable subsequent period, we shall be entitled to dispose of the item to be delivered elsewhere and to supply the Buyer with a reasonable extension of the delivery period.
(9) The Supplier shall reserve the right to withdraw from the contract in the event that the goods are not available. In order to make use of this right of withdrawal, the Supplier shall undertake,
a) to notify the Buyer straight away of non-availability and
b) to refund any payments he have already received from the Buyer straight away.
(10) The manufacturer reserves the right to effect modifications in design or shape, discrepancies in shades of colour as well as changes in the scope of delivery during the delivery period on the part of the manufacturer, provided that the modifications or discrepancies are reasonable from the Buyer’s perspective and taking into account the Supplier’s interests. Provided that the Supplier or the manufacturer has used symbols or numbers to mark the order or the parts ordered, no rights may be derived from this alone with respect to specifying the actual item to be purchased or the scope of the delivery.
V. Force majeure
Force majeure and events which prevent the Supplier on a temporary basis from supplying the purchased item at the agreed time or within the agreed delivery date without being to blame himself, shall entitle the Supplier to postpone the goods or services by the duration of the delay plus a reasonable start-up time. The Buyer may withdraw from the contract if corresponding disruptions result in a delay in performance of more than four months. Other rights of withdrawal shall not be affected by this as a result.
VI. Dispatch, Packing and Passing of risk
(1) The risk of accidental loss and accidental deterioration of the thing shall pass over to the Buyer when it is handed over to him.
(2) In the event that the Buyer is not a consumer, the risk of dispatching the thing shall pass over to the Buyer when the goods are handed over to the haulier, person collecting them, or when they are loaded on to one of our own vehicles transporting the goods, but no later however than when the goods leave our stores. At the Buyer’s wish the consignment will be insured by us at the Buyer’s expense against breakage, damage in transit, fire damage and water damage.
(3) The Supplier shall decide the mode of dispatch as he wishes, unless a specific method of dispatch has been expressly agreed in writing. If speedy delivery has been stipulated by the Buyer the Buyer shall bear the additional costs.
(4) Cartage and surface freight shall be for the Buyer’s account. The Supplier will not pay the Buyer for collection by the Buyer.
(5) In general the goods shall be delivered unpacked. Small parts are supplied in disposable packing, which will be invoiced at cost. Packing which is marked in the invoice as being having to be returned to us (pallets, packing crates etc.) and is returned franco domicile to us within one month will be returned to the Buyer at 2/3 of the invoiced charge).
(6) If despatch is delayed as a result of circumstances for which we are not to blame, risk shall consequently pass over to the Buyer on the day that he is notified that the goods are ready for dispatch. At the Buyer’s wish we shall be obliged to insure the goods against damage at the Buyer’s expense.
VII. Liability for quality defects
(1) Complaints on account of deliveries being incomplete or incorrect or on account of manifest defects are to be notified to the Supplier in writing within 1 (one) week from discovery. The Buyer shall have to inspect the packing straight away after delivery to confirm that it has not been damaged or to notify us of any defects there may be. In addition to this, the Buyer shall have to arrange to have a statement of damage recorded and to notify us of it. Otherwise we shall not accept any complaints there may be as a matter of principle.
(2) The Buyer’s rights to have defects rectified chiefly concern his right to subsequent fulfilment. i.e. his right to have a defect rectified or a replacement supplied. Such claims are to be asserted against the Supplier. Provided that the Buyer is not a consumer, the Seller shall have the right to choose between rectifying the defect or supplying a replacement. If attempts to rectify the defect or replacements supplied should be unsuccessful, the Buyer may demand a reduction in the purchase price or compensation for damages, or withdraw from the contract. Subsequent fulfilment will be unsuccessful if and provided that a period set by the Buyer for subsequent fulfilment elapses without the defect having being rectified successfully.
(3) The Supplier shall be liable in accordance with the statutory provisions provided that the Buyer asserts compensation claims for damages based on intent, malice or gross negligence on the part of the Supplier, those representing him or his assistants. In so far as the Supplier is charged with ordinary negligence, his liability shall be limited to the typically occurring damage which could have been foreseen. In so far as the compensation claim for damages is based upon the culpable failure to rectify a defect, the amount of the assembly and disassembly costs shall be determined by the corresponding rates in the DAT/Schwacke list. In other respects no liability to pay compensation for damages shall be accepted. Given this, in particular the Supplier shall not be liable for damage not sustained by the supplied item, unless such damage is in the form of death, personal injury and physical harm.
(4) In the event that a defect is to be remedied, the Supplier shall be obliged to bear all the expenditure necessary for the purposes of rectifying a defect, in particular transportation costs, travelling expenses, labour and material costs. This shall only apply to non-consumers in so far that the costs are not increased as a result of the purchased thing having been relocated to a location other than the place of fulfilment.
(5) We shall not be liable for third party advertising statements (e.g. manufacturer within the meaning of § 4 Section 1 and 2 of the German Product Liability Act or his assistants) about the condition of the purchased item or the distinguishing trade mark for specific characteristics of the thing, provided that we are not to blame through gross negligence for having no knowledge of the advertising statements or in so far as the advertising statements were corrected to a comparable extent at the point in time at which the contract was signed or it was not possible for the advertising statements to affect the decision to buy. This shall not apply if the Buyer is a consumer.
(6) The period of limitation for quality defects for newly manufactured items is one year from delivery, if the Buyer is not a consumer. Otherwise the statutory period of limitation of two years from delivery shall apply. The period of limited for used goods shall be one year from delivery if the Buyer is a consumer. No for quality defects shall be accepted for the purchase of used things if the Buyer is not a consumer.
VIII. Buyer’s right of recourse to commercial dealers
(1) If the Buyer resells the sold thing in the course of his business operations to a consumer, and as a result of the sold thing being defective has to take back the sold thing, or has to reduce the purchase price, the Buyer may assert his liability claims for quality defects against he Supplier without setting a time limit.
(2) In addition to this, the Buyer may demand the reimbursement of expenditure incurred by him with regard to the consumer, if the defect asserted by the consumer already existed when the risk passed over to the Buyer. By expenditure is meant in particular transportation costs, travelling expenses, labour and travelling expenses.
(3) The Buyer shall not be entitled to any right to compensation for damages as part of this right of recourse, unless this right of recourse is based upon intent or gross negligence on our part.
IX. Payment
(1) Payment is to be made in full within 30 days from the date of invoice net or within 14 days to qualify for a 2% prompt payment discount. Invoices for repairs are payable immediately straight net and in full.
(2) Prompt payment discounts shall only be allowed in those cases in which the period stated for payment is observed and all payments from previous consignments have been fulfilled.
(3) Cheques and drafts shall only be accepted on account of performance. Cheques and payments shall only be regarded as payment once they have been irrevocably honoured. We shall reserve the right to accept drafts in each particular instance. The costs, out-of-pocket expenses etc. incurred as a result of accepting a draft shall be for the Buyer’s account. They shall be payable immediately upon request.
(4) In the event of default in payment (payment is to be rendered no later than later than 30 days from the date of invoice) or deferment of payment, the Supplier shall be entitled to charge interest amounting to 8 percentage points above base rate but no less however than 9% of the invoiced sum, unless the Buyer is a consumer and can prove that the damages we have sustained are less. We shall reserve the right to assert additional default damages.
(5) If there is a significant deterioration in the Buyer’s financial status and / or his creditworthiness is called into question on the basis of credit references obtained after we have accepted a draft or have agreed a deferment of payment, the Supplier shall be entitled to demand payment in advance or that securities are furnished. If the Buyer is in default with a payment all accounts shall consequently become payable straight away in cash regardless of the period of time granted for payment. This shall also apply if drafts have been accepted.
(6) The Buyer may only offset payable counter claims which are not contested or which have been declared final and absolute in a court of law against the Supplier’s purchase price accounts. No rights of retention and other rights to withhold performance may be asserted unless the Buyer is a consumer.
(7) Field staff are not entitled to take receipt of payments without special authorisation.
(8) Payments shall first of all be used to cover costs, then to pay interest and the remaining amount shall then be used to redeem the oldest account payable.
(9) If the Buyer stops making his payments or if an application is made to instigate insolvency proceedings on his assets, all our accounts shall become payable immediately without us having to notify the Buyer of this separately. In such cases we shall also be entitled to only supply consignments still outstanding against payment in advance or the provision of appropriate securities and, if these are not furnished, to withdraw from the contract after a reasonable subsequent period of time or demand compensation for damages instead of performance.
(10) Any corrections to invoices and complaints by the Buyer must be made within no more than 4 (four) weeks from the receipt of invoice.
(11) The Buyer is not entitled to offset any claims which he may have against other companies in our group of companies against our accounts.
X. Reservation of title
(1) If the Buyer is a registered business within the meaning of the German Commercial Code [HGB], the Supplier shall reserve the title to all the goods he has supplied until all accounts created by the business relationship with the Buyer (Goods subject to reservation of title) have been paid for. If there is a current account arrangement the reservation of title shall shall be regarded as a security for the Supplier’s outstanding balance claim. In so far as the value of all the security rights to which we are entitled exceeds the secured claims by more than 20 percent, we shall at the Buyer’s request release a corresponding part of the security rights. The selection of the securities to be released shall be incumbent upon the Supplier.
(2) The processing of the delivered items shall always be carried out on behalf of the Supplier. If the delivered item is processed, reformed or combined with together with other items not belonging to the Supplier, the Supplier shall consequently acquire co-ownership to the new thing in proportion the invoice value of the delivered item to the cost price of the other objects at the point in time of processing or combining. The thing created as a result of processing or combining shall be regarded as goods subject to reservation of title. The Buyer shall keep the new thing in safekeeping for us with the due diligence of a prudent businessman.
(3) The Buyer is entitled on a revocable basis to resell the delivered item in the course of a normal commercial transaction. He shall however assign all future accounts from the resale against his customers with all the secondary rights – including any outstanding balance claims – up to the value of the invoice for the goods subject to reservation of title which have been processed to the Supplier as a security, without separate statements being required subsequently. In doing so it is not important whether the resold goods have been processed or not. If the goods subject to reservation of title are resold together with other goods without a separate price having been agreed for the goods subject to the reservation of title, the Buyer shall assign to us here and now with priority over the other account that part of the overall price equivalent to the price invoiced by us for the goods subject to the reservation of title. When substantiating a justified interest the Buyer shall have to pass over to us the information necessary to assert his rights against the customer and hand over the necessary documents.
(4) The Buyer is not entitled to combine goods subject to reservation of title with his own goods in stock indivisibly with the result that sole title reserved for our benefit for the goods subject to reservation of title expires.
(5) While the reservation of title exists the Buyer is forbidden to pledge or assign the goods by bill of sale as a security.
(6) The Buyer is entitled to collect the assigned accounts from the resale until revocation. If there is an important reason, in particular in the event of a default in payment, a cession of payments, instigation of insolvency proceedings (insolvency, composition proceedings, enforcement proceedings against the total assets of the Buyer) protest of a bill or if there are comparable substantiated indications suggesting that the Buyer is unable to pay his bills, we shall be entitled to revoke the Buyer’s authority to collect accounts. Besides which, having threatened beforehand to divulge the assignment by way of security, or the sale of assigned accounts while observing a reasonable period of time, we can divulge the assignment by way of security sell the assigned accounts as well as demand that the assignment by way of security is divulged by the Buyer to the customer.
(7) In so far as the Buyer does not fulfil his payment obligations he shall, at the Supplier’s demand, be obliged to announce the assignment to any third party buyers there may be, and to hand over the Supplier with the information required for him to assert his rights. The Supplier shall release the securities held by him to the extent that their value is in excess of the accounts to be secured by a total of 20%.
(8) If the Buyer breaches his obligations to handle the property subject to reservation of title with care or finds himself in default with payment, the Supplier may demand that the thing is returned. Taking back goods subject to the reservation of title or asserting the reservation of title or levy of execution by us right shall not constitute withdrawal from the contract unless we have expressly stated that this is the case. Having threatened to sell the goods subject to reservation of title and setting a period of two weeks, the Supplier shall be entitled to sell the goods in the open market or to auction them by other means. The proceeds from a sale shall be offset against the purchase price.
(9) The Buyer shall have to notify us straight away in the event of levy of executions, confiscations or other third party interference.
XI. Limitation of liability
(1) The statutory regulations shall apply, provided that nothing has been agreed to the contrary in these terms and conditions of business or in an individual case.
(2) None of the claims not expressly granted in these terms and conditions of business – including compensation claims for damages – regardless of whatever legal reason on which they are based -, including those based on a breach of contractual secondary duties reason, precontractual duties and on unlawful acts and other legal reasons shall be accepted. The same shall apply for any compensation claims there may be for damages on account of quality defects and in particular for consequential harm caused by a defect. The limitation of liability shall not apply in the event that there is compulsory liability on account of the fact of intent or gross negligence or warranted properties being present. The liability for death, personal injury and physical harm shall not be affected.
(3) In cases of a breach of important contractual obligations being caused by ordinary negligence our liability shall be limited to damages which are typically foreseeable.
XII. Instruction and Product observation
(1) The Buyer is obliged to observe the product instructions supplied by us or by our suppliers with care and if necessary be able to prove that they have been passed on to his buyers as well in a separate note indicating that compliance is compulsory.
(2) We shall not accept any liability in the event that the Buyer fails to fulfil the above obligations and as a result of this product liability claims are triggered off against us or against our suppliers. In the event that our products are passed on to third parties the Buyer shall exempt us from all claims in the event of non-compliance with Number 1 in an internal arrangement between us and the Buyer. If circumstances for which we are to blame are partially to responsible for liability claims asserted against us, we shall only be exempted from that proportion of the blame for which we are not responsible.
XIII. Special features of placing orders through the internet
(1) Registration as an internet purchaser
By registering as an internet purchaser the Buyer is stating his consent to the application of these general terms and conditions of business.
(2) Data protection
The personal data notified by the internet purchaser (Salutation, name, address, date of birth, e-mail address, telephone number, fax number, bank details, credit card number, date of registration as an internet purchaser) shall only be used for the purpose of carrying out a purchase agreement entered into by the Buyer with us.
Processing the Buyer’s personal data will include it being collected and saved by us, as well as its transmission to third parties contractually associated with us, in so far as it is necessary to collect and save it and / or transmit it for a purchase contract to be concluded and for the arrangement of its content and fulfilment (in particular so that the purchased goods can be delivered).
The Buyer’s personal data shall not be passed on to third parties for other purposes, in particular for the provision of consultancy services, advertising and market research, unless the Buyer grants his express written consent for this.
(3) Entering into contracts by internet
The attention of the Buyer is hereby expressly drawn to our customer information published in the internet on the conclusion of contracts via the internet.
The goods and products presented by us in the internet, do not constitute any binding offers by us, but serve only to motivate the Buyer to submit a binding offer on the basis of the following terms and conditions of business. In order to be able to submit a binding offer the Buyer must
- be registered as an internet buyer;
- be of full legal age;
- be properly registered at his general place of residence.
By submitting a binding offer the Buyer expressly furnishes an assurance that he fulfils these preconditions. By clicking on the “Kaufbestätigung“ (“Purchase confirmation) box the Buyer is making a binding offer to enter into a contract. The receipt of order shall be confirmed to the Buyer straight away electronically.
Our statement of acceptance (and therefore conclusion of the contract) will be made by e-mail within 7 days. The Buyer is entitled to cancel his order within 14 days. The right of revocation shall expire within no more than 4 months from the receipt of the goods by the consignee, unless we have failed to fulfil our duties in accordance with § 312 e of the German Civil Code [BGB].
(4) Terms and conditions of payment
The Buyer may pay in accordance with one of the methods of payment shown in the internet store.
- If payment is made by credit card and EC cards they shall be debited at the point in time at which the offer to enter into a purchase contract is accepted by us.
If the Buyer chooses to pay cash on delivery by the delivery service appointed by us, he shall pay for the goods in cash or by cheque upon delivery. A total fee of ¤ 4.50 for cash on delivery. ¤ 3.00 of this shall be added to the purchase amount, the remaining ¤ 1.50 shall be shown and invoiced separately by the delivery firm. Cash on delivery is only allowed for goods up to a value of ¤ 3,550.00.
XIV. Export Control Regulations
If our products are to be exported from Germany the export control regulations in force at that time must be observed. The Buyer shall be responsible for obtaining and submitted to us any licences which may be required in good time. Should he fail to do so, we shall consequently be entitled to withdraw from the contract without having to pay any compensation. In any case we shall not be under any obligation to pay compensation for damages. It shall be incumbent upon the Buyer alone to assess whether a product requires an export licence and exporting them is subject to special export control regulations. The Buyer shall exempt us from any third party claims there may be, regardless of whatever nature, in each case of breach against such provisions. This shall also apply for any costs which may be incurred in connection with exercising our rights.
XV. Industrial proprietary rights and copyrights
(1) In so far as a third party asserts justified claims against the Buyer on account of a breach of an industrial proprietary right or copyright (hereinafter known as “Proprietary rights“) by products supplied by us and used in accordance with the contract, we shall be liable towards the Buyer as follows:
a) We shall as we choose and at our expense either obtain a right of use for the product, modify the product in such a way so that the proprietary right is no longer breached or replace the product. If this is not possible at reasonable terms and conditions we shall have to take back the product and refund the purchase price in return.
b) The obligations named above shall only exist in those cases in which the Buyer notifies us straight away in writing of the claims asserted by third parties, does not recognise a breach and we reserve the right to conduct all defensive measures and settlement negotiations. If the Buyer stops using the product to reduce damages or for other important reasons, he shall be obliged to point out to the third party that stopping usage does not constitute any recognition that a proprietary right has been breached.
(2) Claims asserted by a Buyer shall not be admitted if he is to blame for the breach of proprietary right.
(3) Moreover, the Buyer’s claims shall not be admitted in so far as the breach of proprietary right is caused as a result of special specifications made by the Buyer as a result the product being used in such a way which could not have been foreseen by us or as a result of the product having been modified or used together with other products not supplied by us.
(4) No other claims shall be admitted by us.
XVI. Place of fulfilment, Place of jurisdiction, Validity of German law alone, Miscellaneous
(1) The place of fulfilment for our consignments is Hagen / Westphalia.
(2) The place of jurisdiction for legal transactions with registered businessmen in accordance with § 1 of the German Commercial Code [HGB], legal entities under public law or public law special funds is Hagen / Westphalia. This place of jurisdiction shall also apply for claims based on cheques or drafts. The Supplier is however entitled to also call in another court having jurisdiction in or outside the Federal Republic of Germany, in particular in those cases in which the Buyer has his place of residence or principal place of business outside Germany.
(3) Only the law of the Federal Republic of Germany shall apply, even for transactions with firms outside Germany or for deliveries to addresses outside Germany. The application of the standard law on sales dated 1973 (UN-law on sales) and the Vienna Convention on the law of sales dated 1968 shall not apply.
(4) Should individual provisions in these terms and conditions be or become invalid, the validity of the remaining provisions as well as any agreements there may be shall not be affected as a result. In this case the parties to the contract shall replace the invalid provision with a valid arrangement coming as close as possible to the economic success of the invalid provision or achieve the economic success by other ways allowed by law.
