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The following Terms and Conditions apply over and above German statutory regulations:
§ 1 General Scope
1. Purchases are governed exclusively by our Terms of Sale. We do not recognize any conditions of customer in opposition to or diverging from our Terms of Sale unless customer has obtained our prior written confirmation of their validity. Our Terms of Sale shall also apply in the case that we execute delivery to customer without reservation, in awareness of conditions of customer that contradict or diverge from our Terms of Sale.
2. All agreements made between ourselves and customer for the purpose of executing this contract are specified in writing in this Agreement.
3. Our Terms of Sale apply solely to contractors pursuant to Art. 310 Para. 1, German Civil Code (BGB).
§ 2 Securing Retention of Title
1. The title of the goods shall be retained by us until all payments specified in the delivery contract have been met. Should customer act contrary to the terms of contract, particularly with regard to delays in payment, we shall retain the right to reclaim the goods. Our act of reclaiming of the goods shall constitute our withdrawal from the contract. We shall be authorized to sell the goods after reclaiming them, and to offset the monies from this sale against any outstanding debts of customer after deduction of reasonable sales expenses.
2. Customer shall be obliged to treat the goods with all due care and in particular to take out adequate insurance at his own expense for the goods against damage by fire, water or theft, the sum insured to be equal to the replacement value of the goods. Any necessary maintenance and inspection works shall be ordered or completed by customer at the appropriate time and at customer’s own expense.
3. Customer shall inform us immediately in the case of distraint procedures or other intervention by third parties, to enable us to file a suit pursuant to Art. 771, German Code of Civil Procedure (ZPO). Should said third party prove unable to reimburse the legal and out-of-court costs of a case to us in accordance with Art. 771, ZPO, customer shall bear liability for any losses arising to us.
§ 3 Features of Condition
All information, drawings, illustrations, samples, brochures, technical specifications and catalogues together with other technical data and recommendations for use specified in brochures, catalogues, advertisements and price lists or contained in documents pertaining to an offer, shall be non-binding and shall not exempt purchaser from his obligation to examine the goods for their suitability for the intended purposes, procedures and areas of use. They shall constitute an integral part of this contract only in the case that and to the extent that we expressly confirm them as binding.
The application, use and processing of the goods purchased shall be the express responsibility of purchaser.
We retain the rights of title and copyright to the illustrations, drawings and other documents. They may be used only for the purpose envisaged in the agreement and may not be made available to third parties.
§ 4 Place of jurisdiction and fulfilment
1. If customer is a dealer, the place of jurisdiction shall be the headquarters of our company; however, we retain the right to bring a court action against customer at customer's place of residence.
2. German law shall apply; the terms of the United Nations Sales Convention shall be excluded.
3. The headquarters of our company shall be the place of fulfilment unless otherwise stated or implied in the order confirmation.
Customized Products: Manufacturing On Demand
Interested parties / purchasers are granted non-exclusive, non-transferable rights of use for internal purposes of the technical plans and designs of customized products, their accompanying documents and subsequent modifications, with the product(s) for which said plans are supplied.
All other rights relating to plans, realizations and documentation, including copies and subsequent modifications, shall be retained by KLOTZ AIS GmbH. The Purchaser undertakes to ensure that no third party shall gain access to these plans and documents without prior permission being obtained from KLOTZ AIS GmbH. Copies of the plans, realizations and documentation may be produced for archive purposes only, as replacements or for fault tracing purposes. Modifications to the technical plans are forbidden. KLOTZ AIS GmbH accepts no liability for damages in the case of plans being used that have been modified by the Purchaser or any third party.
The Purchaser’s attention is drawn to the fact that in line with current technical standards, faults and errors in the technical plans of customized product designs cannot be wholly excluded.
The Purchaser undertakes to examine the customized products immediately after delivery and to inform KLOTZ AIS GmbH immediately in writing of any errors or faults. KLOTZ AIS GmbH warrants that the products essentially comply in terms of their function with the description in the documentation and/or the statements in the order confirmation. Over and above this warranty, KLOTZ AIS GmbH guarantees neither specific product properties nor the suitability of the products for the customer’s purposes or needs.
Valid from 01.09.2004
KLOTZ AIS GmbH
Baldhamer Str. 39
85591 Vaterstetten / München