In standard business terms, the following in particular are ineffective:
1. (Period of time for acceptance and performance) a provision by which the user reserves the right to unreasonably long or insufficiently specific periods of time for acceptance or rejection of an offer or for rendering performance; the reservation of the right not to perform until after the end of the period of time for withdrawal provided for in section 355 subsections (1) and (2) is exempt herefrom;
1a. (Payment deadline)
a provision by which the user reserves the right to an unreasonably long period of time for discharging a claim for payment of the other contracting party; where the user is not a consumer, the presumption will be, in case of doubt, that a period of more than 30 days following receipt of the consideration or, if an invoice or an equivalent statement of payment is submitted to the obligor following receipt of the consideration, a period of more than 30 days following receipt of such invoice or statement of payment is unreasonably long;
1b. (Verification period and period for acceptance)
a provision by which the user reserves the right to an unreasonably long period of time for verification or acceptance of the consideration before discharging a claim for payment of the other contracting party; where the user is not a consumer, the presumption will be, in case of doubt, that a period of more than 15 days following receipt of the consideration is unreasonably long;
2. (Additional period of time) a provision by which the user, contrary to legal provisions, reserves the right to an unreasonably long or insufficiently specific additional period of time for the performance the user is to render;
3. (Reservation of rescission) the agreement of a right of the user to free themselves from their obligation to perform without any objectively justified reason indicated in the contract; this does not apply to continuing obligations;
4. (Reservation of the right to modify) the agreement of a right of the user to modify the performance promised or deviate from it, unless the agreement of the modification or deviation reasonably can be expected of the other party to the contract when the interests of the user are taken into account;
5. (Fictitious declarations) a provision by which a declaration by the party contracting with the user, made when performing or omitting a specific act, is deemed to have been made or not made by the party contracting with the user unless
a) the other contracting party is granted a reasonable time limit to make an express declaration, and
b) the user agrees to especially draw the attention of the other contracting party, at the beginning of the period of time, to the intended consequences of the contracting party’s behaviour;
6. (Fictitious receipt) a provision stipulating that a declaration by the user that is of special importance is deemed to have been received by the other party to the contract;
7. (Winding up of contracts) a provision by which the user, in order to provide for the event that a contractual party revokes the contract or gives notice of termination of the contract, may demand
a) unreasonably high remuneration for the use or deployment of a thing or for the exercise of a right or for performance rendered, or
b) unreasonably high reimbursement of expenses;
8. (Unavailability of performance) the agreement, admissible under no. 3, of the reservation by the user of a right to free themselves from the duty to perform the contract in the absence of availability of performance, if the user does not agree to
a) inform the other contracting party, without undue delay, of the unavailability, and
b) reimburse the other contracting party, without undue delay, for consideration.
9. (Exclusion of assignment) a provision by which assignability is excluded
a) for a claim to money of the other contractual party against the user, or
b) for some other right that the other contractual party has against the user if
aa) the user has no interest meriting protection in the exclusion of assignment or if
bb) legitimate concerns of the other contractual party in the assignability of the right outweigh the user’s interest meriting protection in the exclusion of assignment;
letter (a) does not apply to claims under payment services framework contracts, and letters (a) and (b) do not apply to claims to benefits within the meaning of the Company Pensions Act (Betriebsrentengesetz).