General Terms and Conditions rema.germany GmbH

Last updated: 30.09.2026

1. General

1.1 These General Terms and Conditions (hereinafter: “GTC”) apply to all business relationships of rema.germany GmbH (hereinafter: “we” or “us”) with our customers (hereinafter: “Purchaser”), as well as to all deliveries, services and orders of goods placed via our online shops rema-germany.se, rema-germany.pl, rema-germany.nl, rema-germany.lv, rema-germany.pt, rema-germany.no, rema-germany.lu, rema-germany.it, rema-germany.es, rema-germany.at, rema-germany.fr, rema-germany.com, rema-germany.de, rema-germany.eu, rema-germany.dk, rema-germany.uk, rema-germany.be, rema-germany.cz.

1.2 These GTC apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the Purchaser shall only become part of the contract if and to the extent that we have expressly agreed to their application. This requirement of consent applies in every case, for example even where we carry out delivery to the Purchaser without reservation in the knowledge of the Purchaser’s general terms and conditions.

1.3 These GTC also apply to all future transactions of the same kind with the Purchaser, without our having to refer to them again in each individual case.

1.4 Our product range is aimed exclusively at entrepreneurs. For the purposes of these GTC, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity (Section 14 (1) of the German Civil Code, BGB).

1.5 Individual agreements made with the Purchaser in a specific case (including collateral agreements, supplements and amendments) shall in any case take precedence over these GTC. Subject to proof to the contrary, a written contract or our written confirmation shall be decisive for the content of such agreements.

1.6 Legally relevant declarations and notifications that the Purchaser is to make to us after conclusion of the contract (e.g. setting of deadlines, notices of defects, declaration of withdrawal or price reduction) must be made in writing in order to be effective.

1.7 References to the applicability of statutory provisions are for clarification purposes only. Even without such clarification, the statutory provisions therefore apply, unless they are directly amended or expressly excluded in these GTC.

2. Conclusion of contract

2.1 Our offers are subject to change and non-binding. This also applies where we have provided the Purchaser with catalogues, technical documentation (e.g. drawings, plans, calculations, cost estimates, references to DIN standards), other product descriptions or documents, including in electronic form, in respect of which we reserve ownership and copyright.

2.2 When goods are ordered according to special requirements of the Purchaser (hereinafter: “custom-made products”), we reserve the right to deliver more or less than the quantity ordered. The Purchaser has no contractual right of return for custom-made products; this does not affect the Purchaser’s statutory warranty rights in the event that the custom-made product is defective. Stock clearance agreements do not apply to custom-made products.

2.3 By placing an order, the Purchaser submits a binding offer to purchase the product concerned. We may accept the offer within three working days after receipt of the order by us.

2.4 We will confirm receipt of the order to the Purchaser without undue delay. This confirmation does not constitute acceptance of the offer contained in the order. The offer is deemed accepted by us only once we declare acceptance to the Purchaser (by e-mail or fax) or dispatch the goods. The purchase contract with the Purchaser is only concluded upon our acceptance. Oral assurances given by us before the conclusion of the contract are legally non-binding, and any oral agreements between the contracting parties are superseded by the written contract, unless it expressly follows from them that they shall continue to apply in a binding manner.

2.5 When ordering via our online shops, the ordering process comprises a total of six steps. In the first step, the Purchaser selects the desired goods. In the second step, the Purchaser enters their customer data, including billing address and, where applicable, a different delivery address. In the third step, the Purchaser selects how they wish to pay. In the fourth step, the Purchaser has the opportunity to review all details once more (e.g. name, address, payment method, ordered items) and to correct them if necessary. In the fifth step, the Purchaser accepts these GTC by clicking the “Accept GTC” button. In the sixth step, the Purchaser sends the binding offer to us by clicking “Submit order”.

3. Subject matter of delivery

3.1 The subject matter of delivery is the goods specified in the order and in our order confirmation at the stated final prices.

3.2 For orders placed via our online shops, the characteristics of the goods result from the descriptions provided there. Images on our website may reproduce the items only approximately; they serve merely as illustrative material and may differ from the product. Technical data, weights, dimensions and performance descriptions are stated as accurately as possible but may show the usual deviations. The characteristics described there do not constitute a defect in the products delivered by us.

3.3 The subject matter of delivery generally does not include manuals and drawings. The provision of technical data sheets, drawings, plans and other product descriptions or documents, including in electronic form, is otherwise made subject to the exclusion of any warranty.

4. Delivery period and delay in delivery

4.1 Delivery is made ex our warehouse, which is also the place of performance. At the request and expense of the Purchaser, the goods will be shipped to a different destination (sale by dispatch). Unless otherwise agreed, we are entitled to determine the method of shipment (in particular carrier, shipping route, packaging) ourselves.

4.2 In the case of a sale by dispatch, the ordered items are delivered promptly, provided they are available from stock and only for as long as stocks last. The delivery time is approx. 5 working days. We point out any differing delivery times on the relevant product page. Compliance with the delivery time by us presupposes that all commercial and technical questions between the contracting parties have been clarified and that the Purchaser has fulfilled all obligations incumbent upon them, such as payment of a down payment. If this is not the case, the delivery time shall be extended appropriately. This does not apply insofar as we are responsible for the delay.

4.3 Compliance with the delivery period is subject to correct and timely supply to us by our own suppliers. If we are unable to meet the delivery period for reasons for which we are not responsible, due to incorrect or untimely supply by our suppliers despite having concluded a matching covering transaction, we are entitled to withdraw from the contract. We will inform the Purchaser without undue delay of the unavailability of the item to be delivered and, in the event of withdrawal, will refund the corresponding consideration without undue delay.

4.4 The delivery period is met if, by its expiry, the item to be delivered has been handed over to the freight forwarder, carrier or other person or institution designated to carry out the shipment. If the Purchaser collects the item themselves, the delivery period is met if, by its expiry, we have informed the Purchaser that the item is ready for collection.

4.5 If the dispatch of the item to be delivered is based on delays for which the Purchaser is responsible, the costs incurred as a result of the delay will be charged to the Purchaser.

4.6 If failure to meet the delivery period is attributable to an event of force majeure or other events not foreseeable at the time of conclusion of the respective contract (e.g. industrial disputes, in particular strikes and lockouts) for which we are not responsible, the delivery time shall be extended appropriately. We will inform the Purchaser of the beginning and end of such circumstances as soon as possible.

5. Transfer of risk, acceptance and default of acceptance

5.1 The risk of accidental loss and accidental deterioration of the goods passes to the Purchaser upon handover. By way of derogation, in the case of a sale by dispatch, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay passes to the Purchaser as soon as the goods are handed over to the freight forwarder, carrier or other person or institution designated to carry out the shipment. Handover is deemed to have taken place if the Purchaser is in default of acceptance.

5.2 If the Purchaser is in default of acceptance, fails to perform an act of cooperation or if our delivery is delayed for other reasons for which the Purchaser is responsible, we are entitled to demand compensation for the resulting damage, including additional expenses (e.g. storage costs).

6. Prices and payment terms

6.1 Unless otherwise agreed in the individual case, our prices applicable at the time of conclusion of the contract shall apply, namely ex warehouse, plus any statutory value added tax that may be due.

6.2 In addition to the prices stated in clause 6.1, we charge a deposit on the exchange part to be delivered, which is calculated according to the type and scope of the goods ordered and is refunded in accordance with clause 11.

6.3 In the case of a sale by dispatch, the Purchaser bears the transport costs ex warehouse and the costs of any transport insurance requested by the Purchaser. Any customs duties, fees, taxes and other public charges shall be borne by the Purchaser. We do not take back transport packaging or any other packaging in accordance with the Packaging Ordinance; it becomes the property of the Purchaser, with the exception of pallets.

6.4 In the case of a sale by dispatch, the goods are regularly shipped in shipping boxes provided by us. The shipping boxes remain our property. A deposit is charged for the shipping boxes, which depends on the type and scope of the shipping box. Used parts in accordance with clause 11 must be returned exclusively in the shipping box if it was provided by us in advance when the ordered goods were shipped. After return, the previously charged deposit amount will be refunded in full by way of a credit note.

6.5 The purchase price in accordance with clause 6.1 and the deposit amount in accordance with clause 6.2 are due for payment within 10 days after invoicing and delivery. Notwithstanding the preceding sentence, we are entitled, for objective reasons (e.g. justified doubts as to the Purchaser’s ability to pay on time), to make a delivery only against advance payment; we will notify the Purchaser of such a reservation without undue delay after becoming aware of the objective reason.

6.6 Upon expiry of the aforementioned payment period, the Purchaser is in default. During the default, the purchase price bears interest at the statutory default interest rate applicable at the time. We reserve the right to claim further damages for default. Towards merchants, our claim to commercial interest on amounts due (Section 353 of the German Commercial Code, HGB) remains unaffected.

6.7 The Purchaser is only entitled to rights of set-off or retention to the extent that their claim has been finally established by a court or is undisputed. In the event of defects in the delivery, the Purchaser’s counter-rights, in particular in accordance with clause 8, remain unaffected.

6.8 In the case of deliveries to other EU member states, the Purchaser must notify us of their valid VAT identification number without undue delay after conclusion of the contract, but no later than before invoicing, and, at our request, must provide us fully and without undue delay with all documents required to prove the tax exemption of the intra-Community supply. If the Purchaser fails to comply, or fails to comply properly, with their obligations under the preceding sentence and, as a result, we are denied the tax exemption, the Purchaser shall bear the resulting VAT burden, including any interest and late payment surcharges, and shall indemnify us in this respect against claims by the tax authorities, unless we failed to exercise the care of a prudent businessperson in providing the evidence.

7. Retention of title

7.1 Until full payment of all our present and future claims against the Purchaser arising from the purchase contract and from an existing business relationship with the Purchaser (hereinafter: “secured claims”), we retain title to the goods sold (hereinafter: “goods subject to retention of title”).

7.2 Before full settlement of the secured claims, the goods subject to retention of title may neither be pledged to third parties nor assigned as security. The Purchaser must notify us in writing without undue delay if and to the extent that third parties gain access to the goods subject to retention of title.

7.3 In the event of conduct by the Purchaser in breach of contract, in particular non-payment of the purchase price when due, we are entitled, in accordance with the statutory provisions, to withdraw from the contract and/or to demand return of the goods subject to retention of title on the basis of the retention of title. A demand for return does not at the same time constitute a declaration of withdrawal; rather, we are entitled merely to demand return of the goods and to reserve the right to withdraw. If the Purchaser does not pay the purchase price when due, we may only assert these rights if we have previously set the Purchaser a reasonable period for payment without success, unless setting such a period is dispensable under the statutory provisions.

7.4 Until we revoke this authorisation in accordance with clause 7.4.3 below, the Purchaser is entitled to resell and/or process the goods subject to retention of title in the ordinary course of business. In this case, the following provisions apply in addition.

7.4.1 The retention of title extends to the products resulting from the processing, mixing or combination of the goods subject to retention of title, at their full value, whereby we are deemed the manufacturer. If, in the case of processing, mixing or combination with goods of third parties, the ownership rights of those third parties remain, we acquire co-ownership in proportion to the invoice values of the processed, mixed or combined goods. Otherwise, the same applies to the resulting product as to the goods subject to retention of title.

7.4.2 The Purchaser hereby assigns to us as security, in full or in the amount of our possible co-ownership share in accordance with the preceding paragraph, the claims against third parties arising from the resale of the goods subject to retention of title or of the product. We accept the assignment. The obligations of the Purchaser stated in clause 7.2 above also apply with regard to the assigned claims.

7.4.3 The Purchaser is authorised to collect these claims against third parties arising from the resale of the goods subject to retention of title or of the product until we revoke this authorisation. We are in particular entitled to revoke this authorisation to collect if the Purchaser fails to meet their payment obligations towards us, if there is an impairment of the Purchaser’s ability to perform, or if we assert our rights under clause 7.3 above. After revocation, the Purchaser is obliged, at our request, to provide us with all information required for collection concerning the assigned claims and their debtors, including the documents required for enforcement, and to notify their debtors (third parties) of the assignment.

7.4.4 If the realisable value of the security exceeds the value of the secured claims by more than 10 %, we will release security of our choice at the Purchaser’s request.

7.5 Where the legal system of a state to which the items to be delivered are to be delivered, or to which the Purchaser or a third party is to transport them after delivery, imposes special requirements for the effectiveness of the retention of title, in particular with regard to the Purchaser’s creditors, the Purchaser must take all necessary measures without undue delay so that the retention of title is validly established and remains in place until the purchase price has been paid in full. The Purchaser bears the resulting costs.

7.6 Where the legal system of a state to which the items to be delivered are to be delivered, or to which the Purchaser or a third party is to transport them after delivery, does not permit a retention of title but permits the reservation or creation of other (security) rights in the items to be delivered, we are entitled, instead of a retention of title, to create and exercise all corresponding rights of this kind. The Purchaser is obliged to cooperate in all measures that we consider necessary for the protection of our ownership or other rights in the item to be delivered.

8. Purchaser’s claims for defects

8.1 The statutory provisions apply to the Purchaser’s rights in the event of material defects and defects of title, unless otherwise provided below.

8.2 The Purchaser’s claims for defects presuppose that the Purchaser has complied with its statutory duties of inspection and notification of defects (Sections 377, 381 of the German Commercial Code, HGB). If a defect becomes apparent to the Purchaser upon delivery, upon inspection or at any later point in time, the Purchaser must notify us thereof in writing without undue delay. In any case, obvious defects (including incorrect delivery and short delivery) must be notified to us in writing no later than within two weeks of delivery, and defects not discoverable upon inspection within two weeks of discovery, whereby timely dispatch of the notification is sufficient to meet the deadline. If the Purchaser fails to carry out the inspection required under this paragraph or to give proper notice of defects, the goods are deemed approved with regard to the defect not notified, not notified in time or not notified properly. The Purchaser can then no longer assert any claims for defects in this respect.

8.3 If the delivered item is defective, we may initially choose whether to provide subsequent performance by remedying the defect (repair) or by delivering a defect-free item (replacement delivery). Our right to refuse subsequent performance under the statutory conditions remains unaffected.

8.4 We are entitled to make the subsequent performance owed dependent on the Purchaser paying the purchase price when due. However, the Purchaser is entitled to retain a portion of the purchase price that is reasonable in relation to the defect.

8.5 The Purchaser must give us the time and opportunity required for the subsequent performance owed, in particular to hand over the goods complained of for inspection purposes. In the event of replacement delivery, the Purchaser must return the defective item to us in accordance with the statutory provisions. Subsequent performance does not include removal of the defective item or its reinstallation if we were not originally obliged to install it.

8.6 We bear the expenses required for the purpose of inspection and subsequent performance, in particular transport, travel, labour and material costs, if a defect actually exists. However, if a request by the Purchaser for remedy of defects turns out to be unjustified, we may demand reimbursement from the Purchaser of the costs incurred as a result, unless the absence of a defect was not recognisable to the Purchaser.

8.7 In urgent cases, e.g. where operational safety is at risk or to prevent disproportionate damage, the Purchaser has the right to remedy the defect itself and to demand reimbursement from us of the expenses objectively required for this purpose. We must be notified of such self-remedy without undue delay, if possible in advance. The right of self-remedy does not exist if we would be entitled to refuse the corresponding subsequent performance under the statutory provisions.

8.8 If subsequent performance has failed, or a reasonable period to be set by the Purchaser for subsequent performance has expired without result or is dispensable under the statutory provisions, the Purchaser may withdraw from the purchase contract or reduce the purchase price. In the case of an insignificant defect, however, there is no right of withdrawal.

8.9 Claims of the Purchaser for damages or for reimbursement of futile expenses exist only in accordance with clause 9 and are otherwise excluded.

8.10 We expressly accept no liability for material defects caused by

1. unsuitable or improper use,
2. faulty assembly or commissioning by the Purchaser or third parties,
3. natural wear and tear,
4. faulty or negligent handling, or
5. improper maintenance and unsuitable operating materials.

Our selection of types and determination of sizes can only ever be regarded as a recommendation, as knowledge of the specific requirement profiles for our product in the respective specific application lies with the Purchaser.

8.11 If use of the item to be delivered leads to an infringement of industrial property rights or copyrights in Germany, we will, at our own expense, in principle procure for the Purchaser the right to continue using it or modify the item to be delivered in a manner reasonable for the Purchaser so that the infringement of property rights no longer exists. If this is not possible on economically reasonable terms or within a reasonable period, the Purchaser is entitled to withdraw from the contract. Under the aforementioned conditions, we also have a right to withdraw from the contract. In addition, we will indemnify the Purchaser against undisputed or finally established claims of the relevant holders of property rights. Our aforementioned obligations are, subject to clause 9, exhaustive in the event of infringement of industrial property rights or copyrights. They exist only if:

• the Purchaser notifies us without undue delay of asserted infringements of industrial property rights or copyrights,
• the Purchaser supports us to a reasonable extent in defending the asserted claims or enables us to carry out the modification measures in accordance with the above conditions,
• all defensive measures, including out-of-court settlements, are reserved to us,
• the defect of title is not based on an instruction of the Purchaser, and
• the infringement was not caused by the Purchaser having modified the item to be delivered on its own authority or used it in a manner not in accordance with the contract.

9. Other liability

9.1 Unless otherwise provided in these GTC, including the following provisions, we are liable for breaches of contractual and non-contractual obligations in accordance with the relevant statutory provisions.

9.2 We are liable for damages, on whatever legal ground, without limitation in cases of intent and gross negligence. In cases of simple negligence, we are only liable

1. for damages arising from injury to life, body or health, and
2. for damages arising from the breach of an essential contractual obligation (an obligation the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner regularly relies and may rely); in this case, however, our liability is limited to compensation for the foreseeable damage typical for this type of contract.

9.3 The limitations of liability arising from clause 9.2 do not apply if we have fraudulently concealed a defect or have given a guarantee as to the quality of the goods. The same applies to claims of the Purchaser under the German Product Liability Act (Produkthaftungsgesetz).

9.4 For a breach of duty that does not consist of a defect, the Purchaser may only withdraw from or terminate the contract if we are responsible for the breach of duty. A free right of termination by the Purchaser (in particular in accordance with Sections 650, 648 of the German Civil Code, BGB) is excluded. Otherwise, the statutory requirements and legal consequences apply.

10. Limitation periods

10.1 By way of derogation from Section 438 (1) no. 3 of the German Civil Code (BGB), the general limitation period for claims arising from material defects and defects of title is one year from delivery.

10.2 The above limitation periods under sales law also apply to contractual and non-contractual claims for damages of the Purchaser that are based on a defect in the goods, unless application of the regular statutory limitation period (Sections 195, 199 of the German Civil Code, BGB) would lead to a shorter limitation period in the individual case. The limitation periods of the German Product Liability Act remain unaffected in any case. Otherwise, only the statutory limitation periods apply to claims of the Purchaser for damages in accordance with clause 9.2 sentence 1, 9.2 sentence 2 lit. a) and 9.3.

11. Return of used parts

11.1 Unless otherwise agreed in the individual case, the Purchaser is entitled to return used parts to us in accordance with the following provisions of this clause 11. For the purposes of these GTC, a used part is a defective or worn part removed by the Purchaser from a vehicle which has been or is to be replaced by a functionally equivalent exchange part purchased from us; the origin of the used part is irrelevant, unless the used part criteria for the respective exchange part provide otherwise.

11.2 Every used part provided by the Purchaser is subject to our technical inspection. As part of this inspection, it is determined whether the used part meets the used part criteria applicable to the respective exchange part. The used part criteria are supplied together with the item delivered, are available for each product on our website and are made available to the Purchaser by us on request. The requirements stated in the used part criteria are minimum requirements. If a used part meets the relevant used part criteria, it is in principle deemed to be in a condition suitable for remanufacturing. The final assessment of the suitability of the used part for remanufacturing is, however, made by us in each individual case in accordance with recognised technical standards of vehicle parts remanufacturing.

11.3 If our technical inspection shows that the used part meets the relevant used part criteria and is in a condition suitable for remanufacturing, we take back the used part and accept the Purchaser’s offer, made by shipping or handing over the used part to us, to transfer ownership of the used part. In accordance with clauses 11.5 and 11.6 below, the Purchaser receives a refund of the deposit amount charged in accordance with clause 6.2 for the corresponding exchange part. If the used part meets the used part criteria only in part, we are entitled to reduce the deposit amount proportionately according to the degree of non-compliance. The applicable reduction criteria are set out in the respective used part criteria.

11.4 If our technical inspection shows that the used part does not meet the relevant used part criteria or is not in a condition suitable for remanufacturing, we refuse to take back the used part and, after completion of our inspection, inform the Purchaser of this and that, at the Purchaser’s choice and expense, we will return the used part to the Purchaser, recycle it or dispose of it. If the Purchaser does not notify us of their choice in text form within 14 days of our aforementioned notification, we will return the used part to the Purchaser at the Purchaser’s expense.

11.5 The Purchaser may in principle return a used part within 24 months of the invoice date of the corresponding exchange part. However, the Purchaser is only entitled to a credit for a deposit amount paid in accordance with clause 6.2 if the following conditions of this clause 11.5 are met. A prerequisite for the credit of the deposit amount is that the Purchaser returns the used part within a period of three months from the invoice date of the corresponding exchange part and that the number of used parts returned within this period corresponds to the number of similar exchange parts purchased from us in the same three-month period. In the absence of a different agreement, the deposit amounts are offset against the oldest open item within the respective core group. The Purchaser can view an overview of the exchange parts purchased from us and the used parts currently allocated (core balance) via the customer portal on our website or request it from us.

11.6 Used parts that we cannot allocate to a specific sales transaction, or that the Purchaser returns outside the three-month period stated in clause 11.5, are transferred to a so-called “core bank”. If, within six months after receipt of the used part by us, the Purchaser purchases an equivalent exchange part in the core group, a corresponding deposit credit will be issued. If the Purchaser does not purchase an equivalent exchange part in the core group within this period, the used part will be disposed of.

11.7 The Purchaser must return used parts, where available, using the shipping boxes provided by us or comparable shipping containers. In any case, the Purchaser must ensure transport-safe packaging and a suitable method of shipment in order to avoid damage to the used part during transport. Where the used part criteria provide for return in the original packaging, the Purchaser must ship the used part in the original packaging.

11.8 We reserve the right to claim from the Purchaser damages and additional expenses incurred because the returned used part does not meet the relevant used part criteria or was improperly packed or shipped.

12. Documents and confidentiality

12.1 The Purchaser undertakes to treat as confidential all commercial or technical information made accessible to the Purchaser by us (including features that can be derived from items, documents or software handed over, and other knowledge or experience). Without our prior written consent, the Purchaser may not disclose such confidential information, directly or indirectly, to third parties.

12.2 The Purchaser will use the confidential information exclusively to fulfil its obligations under the contracts existing with us and will exercise reasonable care to prevent any unauthorised use or disclosure. The duty of confidentiality continues to apply after the end of the contracts existing between us and the Purchaser.

12.3 The confidentiality obligation does not apply to information that is or becomes publicly available through no fault of the Purchaser, that is developed by the Purchaser independently and without reference to the confidential information, or that must be disclosed under a statutory or official requirement, in the latter case provided that the Purchaser informs us without undue delay so that we are able to take appropriate legal action.

12.4 At our request, the Purchaser will return or destroy without undue delay and in full all confidential information (including any copies or records made, where applicable) and items lent to the Purchaser. We reserve all rights in the confidential information (including copyrights and the right to apply for industrial property rights such as patents, utility models, etc.).

12.5 The Purchaser shall ensure that access to confidential information is granted only to those persons in its business who need this information to fulfil their duties and who are bound to secrecy.

13. Choice of law, jurisdiction and final provisions

13.1 These GTC and all legal relationships between us and the Purchaser are governed by the law of the Federal Republic of Germany, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods (CISG). The requirements and effects of the retention of title in accordance with clause 7 above are governed by the law of the place where the item is located at the relevant time, insofar as the choice of German law made is thereby inadmissible or ineffective.

13.2 The exclusive place of jurisdiction, including international jurisdiction, for all disputes arising directly or indirectly from the contractual relationship is our registered office in Gescher. However, we are also entitled to bring an action at the Purchaser’s general place of jurisdiction. The preceding provisions of this clause 13.2 do not apply if the applicable law provides for a different exclusive place of jurisdiction.

13.3 Should a provision of these GTC be or become invalid, the validity of the remaining terms shall not be affected. The contracting parties are obliged to replace the invalid provision with a provision that comes as close as possible to the economic purpose intended by the invalid provision.