Last updated October 2017
§ 1 General information
§ 2 Consulting and documentation
§ 3 Conclusion of contract
§ 4 Call orders
§ 6 Delivery time, forces majeures, default
§ 7 Transfer of risk, transport and packaging
§ 8 Tools and devices
§ 9 Retention of title, guarantees and set-off
§ 11 Industrial property rights
We shall be liable for the infringement of third parties’ industrial property rights in connection with the sale of our goods only if we are accountable for the infringement and if such third parties’ industrial property rights are valid in the Federal Republic of Germany and have been published at the time of delivery.
Orders based on drawings, sketches, models, samples or other documents and data provided to us will be performed at the Buyer’s risk. If a third-party claims in such a case that we are breaching a property right, e.g. through the manufacture or supply of our products, then we shall be entitled without further inspection and subject to our other rights, to refuse the fulfilment of the contract and to discontinue our activity. If, as a result of the execution of such orders, we intervene in third-party property rights, the Buyer shall indemnify us from third-party claims. The buyer is responsible for further damage.
The Buyer undertakes to inform us without delay of known risks of infringement and alleged infringements.
§ 12 Defects, warranty and limitation
§ 13 Liability
§ 14 Rescission
§ 15 Secrecy
§ 16 Items supplied by the Buyer
§ 18 Applicable right