We must be informed immediately about access of third parties to the goods. Every kind of processing of the goods must be carried out in a way that does not affect our rights as owner of the new object in place of the original goods. By processing or combining our goods with other things, we become co-owner of the new object with a share that equals the value of the invoiced goods.
The purchaser for his part is authorized to collect any transferred claims. He must inform his debtors about this transfer if we demand it. Should the value of these collaterals exceed the nominal value of the open claims by more than 20%, we shall release collateral upon request at our choice. If the purchaser defaults in payment in respect to the claims from this business transaction, we are entitled to take possession of the collateral. This does not constitute a withdrawal from the contract. We are then entitled to dispose freely of the goods and to make use of the proceeds in order to offset our outstanding claims.
We produce and deliver according to the regulations and requirements of the “Verband Deutscher Elektrotechniker / VDE” unless other regulations and requirements must be observed due to special agreement in writing, thereby becoming part of the contract.
6.1 The purchaser has to implement an incoming good inspection promptly after receiving the goods in terms of factual and technical inspection, based on our delivery documents. He cannot be released from this duty. Any costs which arise due to further processing without inspection are at the purchaser’s expense.
6.2 A warranty concerning shortfalls or/and obvious external defects is accepted by us only after receiving a written complaint within 10 days after delivery, stating the relevant order and delivery note data.
6.3 The purchaser is limited to assert claims concerning visible or hidden defects of the goods or the lack of warranted qualities only within 6 months, starting from the date of the delivery note.
6.4 All warranty claims require that we are informed about the defect immediately after discovery and a sample of the rejected goods is supplied free of charge.
6.5 We have the right to rework or newly supply damaged goods or those with missing qualities at our choice free of charge. This obligation only refers to damages which have obviously occurred due to circumstances before the transfer of risk, in particular because of wrong or defective construction, bad materials or poor workmanship, rendering the goods unsuitable or considerably impairing their use.
6.6 In the event of a damage claim, the purchaser must allow us a reasonable period of time for repair or replacement. If he declines this, this will exempt us from any warranty or obligation to deliver.
6.7 In case a reasonable period of time for repair cannot be kept by us or there are compelling reasons why a repair or replacement is not possible, the purchaser has the right to demand reduction. Should there be no settlement possible between us and the purchaser, the customer has the right to demand conversion.
6.8 If the purchaser or a third party carries out improper changes, repairs, or similar measures, this will relieve us of all warranty claims.
6.9 After stating a damage claim, the purchaser will only have the right to withhold payment, if there is no doubt about the legitimacy of the claim.
6.10 All claims of the purchaser due to defects or the absence of guaranteed properties will lapse in any case after a period of 12 months starting with the day of the damage claim.
6.11 Other claims of the purchaser or third parties, especially concerning indemnity for losses which did not occur at the delivery item itself or are considered subsequent damage, are excluded. This does not include cases of premeditation or gross negligence in which liability will apply.
7. Rights to the tools
By paying parts of the costs for tools, the purchaser or a third party do not acquire any rights (transition or usage rights) to the tools. In case property rights of third parties are violated by production according to drawings or other statements of the purchaser, the purchaser will indemnify us from any claims in this respect.
8. Place of Performance and Jurisdiction
Place of performance and jurisdiction for both parties is the place where our company’s head office is registered, including proceedings for checks, bills and deeds.
9. Final Clause
Even in case of legal invalidity of individual regulations, the contract remains binding in its other parts.