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Poznámky redaktora
Other claims for damages
The following claims for damages lodged
by the Buyer are excluded: claims the
grounds positive breach contract, vio-
lation obligations the case contractu-
al negotiations and the basis unlawful
acts. However, these may be
made available third parties whom the
Supplier permitted and intends assign
deliveries.
In the case conduct the part the
Buyer breach contract, particular in
the case default payment, the Supplier
shall entitled take back the reserved
goods.
The Buyer shall responsible for possible
disadvantages suffers result not
observing this obligation.
The Buyer undertake all the necessary
measures its own cost avoid detri-
mental effect the loss the rights to
the delivered goods which the Supplier is
entitled.00 shall
deliver free charge, carriage paid, the
receiving station excluding packaging. General provisions
The written declarations both parties are
deemed authoritative respect the scope
of the deliveries services (hereinafter
Deliveries). other respects the
case default payment the Supplier shall
be en-
titled demand the surrender the goods
and claim for damages result non-
performance. This
does not apply insofar mandatory liability
applies cases intent gross negli-
gence.
2. the Supplier allows reasonable exten-
sion granted the Supplier lapse without
rectifying the defect, the subsequent
improvement impossible the Supplier
refuses this, the Buyer may assert right to
reduce the purchase price. The Buyer ward off inform
the Supplier without delay cases sei-
zure other intervention third parties. the Buyer provides notification of
defects relation the delivered goods
or service, this shall only constitute right
to retain payment the existence a
defect res judicata not disputed by
the Supplier.
If the non-adherence the period for deli-
veries proven attributable force
majeure, industrial disputes unforeseeable
obstructions, the period shall extended
accordingly.
The Supplier informed without delay
of any considerable deterioration the
financial position (e. Delivery periods
Details the confirmation order are aut-
horitative respect the delivery period. the reque-
st, and cost, the Buyer, the Supplier shall
insure the consignment against customary
transport risks. The warranty period for subsequent
improvements and replacement deliveries is
3 months.
5. re-
fuses this the Supplier shall re-
leased from the liability for defects.00 shall deliver free charge,
carriage-paid, the receiving station
including packaging.
The Buyer may not assign make this soft-
ware available third parties for use.
Adherence the period conditional the
following: the timely receipt all documents,
licences and releases obtained by
the Buyer; self-deliveries; adherence the
terms payment specified the Supplier,
and other obligations. the case
of order-related production, excess short
deliveries each case 10% are permitted.1980
shall not applied. These are paid upon issuing
the bill exchange the Supplier. Payment arrears payment
by bill exchange rule out the deduction
of trade discount.
4.
Accordingly liability for any kind damage
or consequential damage caused the
software respect the user third par-
ties excluded. The liability for defects does not apply to
natural wear-and-tear and furthermore not
to damage that occurs following the passing
of risk result faulty negligent treat-
ment, excessive improper use, unsuitable
operating resources, faulty construction
work and similar external influences that
were not presupposed per agreement,
and non reproducible software faults. Binding force contract
Even the case the legal invalidity of
individual items, the binding force the
contract shall further apply the other items
of the contract. the event sale
of the new items, the Buyer hereby assigns
to the Supplier its claims and accessory
rights resulting from such sale for safety’s
sake. the Buyer finishes the goods with
other goods that are not the Supplier’s
property, the Supplier shall entitled to
part-ownership the new item proportion
of the value the reserved goods.
11. shall
store these with commercial diligence on
behalf the Supplier. All kinds liability are excluded the
case defects software products. is
expressly stated that warranty provided
for functions, suitability, usefulness, non-
violation other expected characteristics. Liability for defects
The Supplier guarantees that the sold goods
do not contain defects the time the
passing risk. the
Supplier rendered liable for damage a
joint debtor third party for one these
reasons, the Buyer irrevocably assumes the
liability this point time way internal
arrangements. The Hague Convention 01. General
terms and conditions the Buyer shall only
apply insofar the Supplier the party
rendering the service (hereinafter Supplier)
has expressly approved such conditions
in writing. Cheques shall only be
accepted subject the customary reserva-
tions, while bills exchange shall only be
accepted following special agreement and
if they comply with the acquisition condi-
tions the European Central Bank (ECB). such cases
goods that have already been delivered are
to returned the Supplier their origi-
nal condition. They are ex
works prices and exclude packaging and
are construed plus the respective valid
statutory value added tax.
The Buyer may only sell the reserved goods,
regardless their condition, resellers duri-
ng the ordinary course business subject to
the proviso that not arrears with pay-
ments due the Supplier and that assigns
to the Supplier this point time claims,
including all accessory rights, which is
entitled from such sale. enforcement writ,
discontinuation payment, composition,
bankruptcy, discontinuation business ope-
rations, the transfer business, seizure or
the transfer goods, inventories outstan-
ding items guarantee).
The Supplier reserves unrestricted ownership
and copyright utilisation rights cost esti-
mates, drawings and other offer documents
(hereinafter Documents). deemed the place general
jurisdiction for all disputes resulting directly
or indirectly from the contractual relationship. This does not apply insofar
as mandatory liability applies accordance
with the Product Liability Act, with the
restriction accordance with sub-section 7,
or cases intent, gross negligence the
lack warranted characteristics
10.General terms and conditions business
General Terms and Conditions of
Business
(status 3/04)
(on the basis the ZVEI e. Prices
The prices are stated euros. Prior this pledging ownership
transfer way security are prohibited. mandatory legal norms do
not allow for this comprehensive exemption
from liability for software certain cases,
it shall nevertheless remain place for all
other cases.
2.
8. Reservation title
The delivery items (reserved goods) shall
remain the Supplier’s property until all the
claims against the Buyer which is
entitled from the business association are
met. the
delivery delayed for reasons for which the
Buyer responsible, the time agreed upon
shall deemed complied with notifica-
tion the readiness dispatch. the shipping delayed at
the Buyer’s request, for reasons for which
the Buyer responsible, the risk shall pass
to the Buyer from the day which the
goods are ready for dispatch.
5. Insofar third party lodges justified
claims against the Buyer result viola-
tion industrial property right /copyright
(hereinafter Copyrights) way products
delivered the Supplier and used per
agreement, the Supplier shall liable the
Buyer follows:
a) The Supplier shall, its own discretion,
bring about utilisation right for the product,
alter the product replace this not
possible under reasonable conditions take
back the product subject reimbursement
of the purchase price. All the parts services whose usefulness
is considerably impaired within months,
without consideration given the operating
period, calculated from the day which the
risk passes, result incident prior to
the passing risk, are subsequently
improved the Supplier’s discretion free of
charge, new ones are supplied or
new services are rendered.
recommendation conditions)
1.04.
2. trade
discount shall granted the case
of payment within days following the
date invoice. The period shall be
extended accordingly these basic require-
ments are not met good time. Further-reaching claims the part the
Buyer against the Supplier and its vicarious
agents are excluded, particular claims for
compensation damage not caused the
delivery item.
Discount charges, fees and tax notes
and bills exchange shall borne the
Buyer.
8.
German law applies the contractual rela-
tions. becomes impossible for the Supplier
to honour the delivery incumbent upon the
Supplier for reasons, which are its responsi-
bility, the Buyer shall entitled request
as compensation 10% the value of
the products that have not been delivered. such case
the Supplier shall under obligation to
bring about the insurance policies requested
by Buyer the Buyer’s cost. The Buyer may
also demand conversion agreement
n respect abatement not reached
between the Buyer and Supplier.1964
and the Sales Convention 11. This shall not affect the Buyer’s right
to withdraw following the lapse reasona-
ble extension granted the Supplier.
10.V.
6. Insofar events outside the Supplier’s
sphere influence considerably change the
economic significance the content the
delivery, have effect the Supplier’s
operations, the Supplier shall entitled to
withdraw from the contract adjust the
contact agreement with the Buyer.g. The Buyer’s right assert claims resulting
from defects shall any case fall under the
statute limitations months from the
time notification defects.
9. addition these General Terms
and Conditions Business apply.
2.
Treating and finishing the reserved goods
shall carried behalf the Supplier
without the Supplier being under obligation.
Partial deliveries are permitted. Place jurisdiction
Hagen i. Taking goods back and
the seizure the reserved goods the
Supplier not constitute any kind decla-
ration withdrawal.
12. The Buyer use its reasonable dis-
cretion grant the Supplier appropriate time
and opportunity rectify defects. This applies accordingly the
Buyer’s documents.07. Terms and conditions payment
Payments are effected within days
from the date invoice without any deduc-
tion paying agent the Supplier.
7.
In the case goods purchased single
order excess 1,000. However, this
shall not before the warranty has elapsed. This does not apply insofar manda-
tory liability applies law, particular the
case intent, gross negligence and the lack
of warranted characteristics.
591
. general
rule the Supplier entitled demand
advance payments, securities cash pay-
ments insofar considers this necessary. Impossibility, contractual adjustment
1.
13.
In the event that the term payment is
exceeded, the delivery delayed, at
the Buyer’s request more than days
once the goods are ready for dispatch,
the Supplier shall entitled, without the
necessity issuing special warning, to
charge interest arrears p. The Supplier reserves
the right assert claim the grounds
of greater damage.
If the Buyer remains arrears respect of
honouring its payment obligations, it
does not answer questions regarding its
creditworthiness, the Supplier reserves the
right withdraw from the contract and, if
applicable, demand claims for damages as
a result non-performance.
3. this respect the retained
payment must commensurate with the
respective faults.
7.
b) The aforementioned obligation the
Supplier shall only apply the Buyer informs
the Supplier without delay the claims
lodged third parties; does not recognise
a violation industrial property rights, and
the Supplier reserved the right conduct
all defensive measures and hold composition
negotiations. Shipping
shall carried out according the Buyer’s
instructions according the Supplier’s
best judgement without responsibility for the
most cost-effective forwarding. Passing risk
Risk shall also pass the Buyer the case
of carriage-paid delivery the goods have
been dispatched collected.
If agreement reached within this period,
the Supplier and Buyer may agree upon an
extension this period limitation. Claims the Buyer shall excluded
insofar responsible for the violation of
an industrial property right such violati-
on caused the Buyer’s special parame-
ters unforeseeable application alteration
or blending with other products. shall apply least until expiry of
the warranty period for the goods for which
a complaint has been lodged.
If goods are taken back, the Buyer shall bear
the risk the receipt the Supplier’s
premises. Industrial property rights, copyrights
1.
If the Buyer third parties carry out impro-
per alterations repair work, warranty
shall apply these and the consequences
resulting from them. other respects the regulations of
Verband Deutscher Elektrotechniker apply
insofar they are taken into consideration
in respect the safety deliveries or
services. The assignment of
such claims restricted the amount all
the claims which the Supplier entitled
resulting from the business association.
Further-reaching claims for compensation
on the part the Buyer are excluded. This shall
not affect the Supplier’s authority collect
such claims. the Supplier’s request the Buyer
shall under obligation surrender
without delay. request the Buyer to
disclose the Supplier the amounts and
debtors relation the assigned claims,
to make available the Supplier without
delay all documents required for collection,
and inform the debtor writing the
assignment. Insofar parts proven
to have been procured from the Supplier
contained defects prior the passing of
risk, the Supplier shall liable the Buyer
as follows:
1.
9.
The Buyer may only set off undisputed res
judicata claims against the Supplier’s claims.a.
3.
In the case such order excess of
€ 2,500. Further-reaching
claims against the Supplier are excluded.
In the event that the agreed extended
delivery period not adhered to, the Buyer
may, insofar furnishes proof that has
suffered damage result the delay,
demand compensation for delayed perfor-
mance for each full week delay from _%
to total the value the part of
the delivery that delivered late. above
the respective main refinancing rate the
ECB from the due date, least, however,
amounting each case the interest rates
charged major Rhine-Westphalian banks
for unsecured credits. Securities
The Buyer’s creditworthiness the prerequi-
site for obligation deliver. Furthermore the event of
enforcement writ respect the Buyer’s
assets, composition bankruptcy procee-
dings, discontinuation business operations
or the transfer business well as
seizure, all the Supplier’s accounts receivable
shall fall due without delay.W.
If the goods are combined blended with
other items, the Buyer shall assign the
Supplier this point time its property or
co-ownership rights the new items.
The Buyer enjoys the non-exclusive right to
use standard and individual software with
the agreed performance factors unalte-
red form the agreed equipment. The Buyer shall only entitled the
warranty rights below has met a
proper manner the requirement give
notice defects incumbent upon the Buyer
by way written notification the identified
defects, and has returned the Supplier
the goods for which complaint has been
lodged. the
case all kinds payment the day per-
formance shall deemed the day which
the Supplier can dispose the amount. These may not
be made available third parties without
approval the Supplier and request they
are returned without delay the order
is not placed.
The period deemed adhered the
goods have been dispatched, collected,
within the agreed delivery period.
These General Terms and Conditions of
Business also apply all future transactions
with the Buyer.
4. The
Buyer also entitled collect these claims
following such assignment.
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