Catalogue_RR+FT_klein

709 to the amount of our approximate share of joint ownership pursuant to the aforementioned clause as security. We accept the assigning act of transfer. The obligations of the Buyer, as stated in Section 2, shall also apply in view of the assigned claims. (c) The Buyer shall remain authorised to collect the claim in addition to us. We undertake not to collect the claim as long as the Buyer meets his payment obligations towards us, is not in default of payment, no application has been filed for the opening of insolvency proceedings and there is no other deficiency affecting his ability to pay. However, if this is the case we can request that the Buyer informs us of the assigned claims and their debtors, provides all information which is necessary for the collection, hands over the rel- evant documents and informs the debtors (third parties) of the assignment. If the realizable value of the collateral items ex- ceeds our claims by more than 10%, we shall, upon request of the Buyer, release collateral items of our choice. § 7Warranty claims by the Buyer (1) The statutory regulations shall apply to the rights of the Buyer in case of defects of qual- ity and title (including false delivery, shortfall in delivery as well as improper assembly or faulty assembly instructions), insofar as not otherwise determined below. The special statutory provisions in the final deliv- ery of the goods to a consumer remain unaffect- ed in all cases (supplier has recourse according to § § 478, 479, German Civil Code). (2) The primary basis of our liability for defects shall be the agreement made concerning the quality of the goods. All product descriptions which are subject matter of the Terms and Condi- tions are considered as an agreement about the quality and nature of the goods, irrespective of whether the product description originates from the Customer order, from the manufacturer or from us. (3) If the condition and quality has not been agreed, the statutory provisions must be applied to assess whether there is a defect or not (§ 434 Section 1 p 2 and 3, German Civil Code). We shall not be held liable, however, for any public state- ments by the manufacturer or other third parties (e.g. from advertisements). (4) The warranty claims of the Buyer assume that he has complied with his statutory notification obligations (§ § 377, 381, German Commercial Code). In the event that a defect is revealed dur- ing the inspection or at a later date, we must be notified in writing without delay. The notification is deemed as immediate if it is made within two weeks, whereby the timely dispatch of the notifi- cation will suffice. Irrespective of this obligation for inspection and reporting of complaints, the Buyer must report in writing of obvious defects (including false delivery and shortfall in delivery) within two weeks after delivery. Here also the timely dispatch of the notification will suffice. If the Buyer fails to carry out the proper inspection and/or report of defects, then our liability for the defect which was not reported is excluded. (5) In the case that the delivered item is faulty, then the Buyer may demand either repair of the fault (rectification) or delivery of a non-defective item (replacement). Should the Buyer fail to state which of these two rights he requires, then we reserve the right to set a fair time limit for this. If the Buyer does not make a choice within this time limit, the right of choice transfers to us. (6) We are entitled to make the owed subsequent performance dependent on the fact that the Buyer pays the purchase price due. The Buyer is, however, entitled to retain a part of the purchase price which is reasonable in the ratio to the de- fect. (7) The Buyer shall allow us the necessary time and opportunity for due subsequent perfor- mance and shall, in particular, hand over the goods for testing purposes. In the event of a re- placement delivery, the Buyer must return the faulty object to us according to statutory regula- tions. (8) We will bear the expenses for inspection and supplementary performance, especially the transport, travel, work and material costs when a defect actually exists. If, however, a claim for rem- edy of defect from the Buyer turns out to be un- justified, we shall claim the costs resulting from this to be refunded by the Buyer. (9) In urgent cases, such as danger to operational safety or in order to prevent excessive damage, the Buyer has the right to remedy the defect himself and the demand reimbursement of the necessary expenses for these efforts. We must be informed about these activities as soon as pos- sible, if possible prior to the repair. The right to self-action does not exist if, according to legal stipulations, we would have been entitled to re- fuse supplementary performance. (10) If the subsequent performance has failed or a reasonable deadline which is to be set by the Buyer for the subsequent performance has expired, or it is unnecessary according to the statutory regulations, the Buyer can can- cel the purchase contract or reduce the pur- chase price. This right of withdrawal does not exist in regards to an insignificant defect. (11) The Buyer's claims for damages or compen- sation of fruitless expenses shall only exist ac- cording to § 8 and are incidentally excluded. § 8 Other Liability (1) Unless provided otherwise in these Terms and Conditions, including the following stipulations, we shall be liable, in accordance with the relevant statutory provisions, in the case of a breach of contractual or non-contractual duties (2) We shall be liable for damages – no mat- ter what the legal grounds – in the event of intent and gross negligence. In case of sim- ple negligence, we shall only be liable for: a) damages arising from health damages or bod- ily injuries b) damages from the breach of an essential con- tractual duty (obligation, the satisfaction of which makes the proper execution of the contract pos- sible and on whose observance the contractual partner regularly relies and may rely); in this case our liability is, however, limited to the reimburse- ment for foreseeable, typicallyoccurringdamages (3) The limitations of the liability stated in Sec- tion 2 do not apply to the extent that we have fraudulently concealed a defect or have accept- ed a guarantee for the nature of the goods. The same applies to claims by the Buyer pursuant to the Product Liability Act. 4) The Buyer can only withdraw or terminate be- cause of a breach of duty which is not a defect when we are responsible for the breach of duty. A right of termination of the Buyer (in particular according to § § 651, 649, German Civil Code) is excluded. Otherwise the statutory requirements and legal consequences shall apply. § 9 Limitations (1) Notwithstanding § 438 Section 1 No. 3 Ger- man Civil Code, the general limitation period for claims arising from defects of quality and title is one year after delivery. If acceptance has been agreed, the period of limitation begins with this acceptance. (2) However, if the goods are a building or an object which has been used as a building in ac- cordance with its normal use and which caused its defectiveness (the building material), then the limitation period is 5 years after delivery in ac- cordance with German civil code (§ 438 Section 1 No. 2 ). The legal special regulations shall remain unaffected for claims for return based upon a property right of a third person (§ 438 Section1 No. 1 German Civil Code), with fraudulent intent by the seller (§ 438 Section 3, German Civil Code) and claims for Suppliers' recourse for delivery to the consumer (§ 479 German Civil Code). (3) The above-mentioned limitation on the sales period shall also apply to contractual and non- contractual claims for damages from the Buyer, when they are based on a defect in the goods, unless the application of the regular statute of limitations (§§ 195, 199, German Civil Code) would result in a shorter limitation period in the individual case. The limitation of the Product Li- ability Act shall remain unaffected in any case. Otherwise, only the statutory limitation period, according to § 8, is applicable to the Buyer's claims for damages. § 10 Applicable law and place of jurisdiction (1)These Terms and Conditions and all legal rela- tionships between ourselves and the Buyer shall be governed by the laws of the Federal Republic of Germany, with the exclusion of all internation- al (contractual) legal systems, in particular the UN law on sales. The requirements and effects of the reservation of title, according to § 6, are, howev- er, subject to the law valid in the corresponding storage location of the object when, under said law, a choice of law made in favour of German law is not permitted or is void. (2) If the Buyer is a merchant within the meaning of the German Commercial Code, legal entity un- der public law or a public special fund, then the exclusive (also international) place of jurisdiction for all disputes arising from the contractual rela- tionship, directly or indirectly, is our headquar- ters in Bielefeld, Germany. However, we are also entitled to bring an action at the general legal venue of the Buyer. Status: June 2013 General terms and conditions of sale for online download