Article list 09/2020 113
(4) Our duties mentioned above shall only exist if the customer informs
us immediately in writing regarding claims asserted by third parties, if it
does not recognise an infringement and we reserve the right to carry out
all defence mechanisms and all negotiations to reach a compromise. If
the customer terminates use of the delivery in order to minimise damage
or for other important reasons, it shall be obliged to point out to the
third party that the termination of use does not involve any acknowledgement
of an infringement of property rights.
(5) Claims asserted by the customer are excluded if the customer is
responsible for the infringement of property rights. Claims asserted by
the customer are also excluded if the infringement of property rights has
been caused by the customer’s particular specifications, by an application
that was not foreseeable by us, or as a result of a change in delivery
caused by the customer, or if used together with products not delivered
(6) In all other cases, the regulations of § 11 shall apply accordingly.
(7) Any further claims or the customer’s claims other than those mentioned
here, either against us or our vicarious agents, due to a defect of
title, are excluded.
§ 13 Liability
(1) We shall pay damages or compensation for futile expenses, for whatever
legal reason (e.g. obligation based on legal or similar transactions,
material defects or defects of title, breach of duty or tortious act) only if
we are at fault (intent or negligence) to the following extent:
a) Liability in case of intent and under a warranty shall be unlimited.
b) In case of gross negligence, we shall be liable to the extent of typical
and foreseeable damage.
c) In other cases, we shall only be liable in case of the breach of a material
contractual obligation, claims for defects and delay, namely for the
reimbursement of typical and foreseeable damage.
Liability in this regard is limited to twice the amount of the agreed remuneration
of the order/part of the contract affected by the damage per
claim and to three times the order value for all claims under this contractual
relationship. According to German court rulings, material contractual
obligations (cardinal obligations) are obligations whose fulfilment is a
prerequisite for enabling the proper fulfilment of the contract in the first
place and in which the contractual party may normally trust.
(2) In case of injury to life, body and health and claims from the German
Product Liability Act Produkthaftungsgesetz, the statutory regulations
shall apply exclusively.
(3) Our option to raise an objection of contributory negligence shall
§ 14 Limitation of Actions.
The deadline for limitation of actions is:
a) one year from delivery of goods for claims for repayment of the
purchase price and withdrawal or reduction; however, if these claims are
based on a proper, not statutebarred notice of defects, no less than three
months after presenting the valid notice of withdrawal or reduction.
b) one year, in case of other claims concerning material defects;
c) one year in case of claims concerning defects of title. If the defect of
title is a right in rem of a third party, based on which the return of the
item can be demanded, the statutory limitation periods shall apply.
d) in case of other claims for damages or reimbursement of futile expenses,
one year, starting from the time at which the customer became
aware of the circumstances the claims are based on, or had to become
aware of without gross negl gence. The limitation of actions shall begin
at the end of the maximum statutory period at the latest (Section 199
para. 3, para. 4 BGB).
(2) In case of the reimbursement of damages and expenses, gross negligence,
warranty, fraudulent intent as well as injuries to life, limb and
health and claims under the German Product Liability Act, the statutory
regulations shall always apply.
§ 15 Confidentiality, Data Security, Naming the Customer as a Reference
(1) The customer undertakes to treat as confidential all items (documents,
information, software) that it becomes aware of or receives from
the other contractual party either prior to or during the performance of
the contract that are protected by law, or obviously contain business or
company secrets or are identified as confidential, even after expiry of the
contract, unless they are publicly known without a breach of the confidentiality
obligation or if no legal interest worthy of protection regarding
the contractual party exists. The customer agrees to store and secure
these items in such a way as to prevent fraudulent use by third parties.
(2) The customer undertakes to make the objects subject to the confidentiality
obligation according to paragraph 1 only accessible to employees
or other third parties who require access in order to carry out their official
duties and responsibilities. It shall instruct these persons on the need for
confidentiality regarding these objects.
(3) We will process the necessary customer data relevant to business
transactions with due regard for the data protection regulations. We may
name the customer as a reference customer.
§ 16 Social Clause
When determining the amount of any claim for compensation to be
fulfilled by us or in connection with this contract, our economic situation,
the type, extent and duration of the business relationship, any possible
contribution to the cause and/or fault on the part of the customer and a
particularly disadvantageous installation of the item shall be taken into
account appropriately for our benefit. In particular, any compensation,
cost and expenses that we are expected to bear shall be proportionate to
the value of the delivered part.
§ 17 Written Form Clause
All changes and amendments to the contract shall only be valid if recorded
in writing. The contractual parties shall comply with this requirement
by sending documents in written or electronic form, particularly by fax
or e-mail, unless other requirements for individual declarations exist. The
written form requirement itself may only be revoked in writing.
§ 18 Severability Clause
Should one of the provisions of these General Conditions of Service be
or become invalid, or should these General Conditions of Service be
incomplete, this shall not affect the validity of the other provisions. The
contractual parties shall substitute the invalid provision by a provision
which approximates most closely to the sense and purpose of the invalid
provision. The same applies to gaps in the contract.
§ 19 Choice of Law
The law of the Federal Republic of Germany, excluding the provisions on
the application of the United Nations Convention on Contracts for the
International Sale of Goods (CISG) as part of German law, shall apply.
§ 20 Legal Venue
The legal venue for all disputes arising from and in connection with
this contract shall be Stuttgart (Germany), insofar as the customer is a
businessperson, a public law entity or a special fund under public law, or
treated as equivalent to such, or if its registered office or branch office is
outside Germany. We are also entitled to bring a legal action at
the customer‘s registered office as well as any other admissible legal
Last revised: July 2014