隐私政策

隐私

此网站的经营者对个人数据的保护非常重视。我们将根据数据保护立法和隐私政策保密处理您的个人资料。

使用我们的网站通常不需要提供个人信息。如果我们的网站需要您填写个人资料(如姓名,地址或电子邮件地址),那是建立的在自愿的基础上的。此数据没有您的明确同意不会转交于第三方。

我们提醒您,在互联网上的数据传输(例如,通过电子邮件进行通信时)可能会有安全漏洞。没有漏洞的保护数据不被第三方盗窃是不可能的。

对于使用Facebook插件的隐私声明(如点赞按钮)

在我们的网站有社交网络Facebook的插件,Facebook公司的地址为:1 Hacker Way, Menlo Park, California 94025, USA。Facebook的插件可通过我们网站上的Facebook的标志或“点赞按钮”识别。在此可查询Facebook插件的概述: developers.facebook.com/docs/plugins/

当您访问我们的网页时,您的浏览器和Facebook服务器之间的连接将被直接建立。Facebook以此获取您用您的IP地址访问我们网页的信息。如果您在登陆Facebook的情况下按“点赞钮”,您将可以把我们网站的内容链接到您的个人资料页面。这样可以使Facebook将您访问我们网站的信息归纳于您的账号。我们声明,作为网站的供应商,我们不会通过Facebook得知您的数据内容以及您的使用信息。欲了解更多信息,请参阅Facebook的隐私政策: de-de.facebook.com/policy.php

如果您不希望Facebook将您访问我们网站的信息归纳于您的Facebook账号,请您退出您在Facebook的账号登陆

针对谷歌分析的隐私声明

本网站使用了谷歌的网站的分析功能。谷歌公司的地址为1600 Amphitheatre Parkway Mountain View, CA 94043, USA。谷歌分析使用了“Cookies”。这是存储在计算机上的文字文件,通过它们可以分析您利用网站的情况。通过Cookies生成的有关于您利用网站的信息通常会被谷歌传送并储存到一个在美国的服务器。

在这个网站上IP匿名激活的情况下,谷歌将会在欧盟或其他根据欧洲经济区协议的各方成员国截断您的IP地址。只有在特殊情况下,会将您完整的IP地址转移到在美国的谷歌服务器并在那里被截断。在此网页经营者的委任下,谷歌将利用这些信息来评估您对网站的使用,编制网站活动报告,并为网站经营者提供其它与网站和互联网相关的服务。在谷歌分析框架下获取的您的IP地址不会与谷歌的其它数据合并。

您可以通过调整您的浏览器的设置拒绝储存Cookie; 但是我们提醒您,您有可能在此情况下无法使用本网站的所有功能。此外,您可以防止通过cookie生成有关您使用本网站的数据(包括您的IP地址),以及防止谷歌处理这些数据,请下载并安装以下链接浏览器插件:http://tools.google.com/dlpage/gaoptout?hl=de

使用Instagram的隐私政策

我们的网站链接了 Instagram 的服务功能。此功能由Instagram公司,1601 Willow Road, Menlo Park, CA, 94025, USA,提供。如果您在登陆Instagram的情况下按Instagram按钮,您将可以把我们网站的内容链接到您的个人资料页面。这样可以使Instagram将您访问我们网站的信息归纳于您的账号。我们声明,作为网站的供应商,我们不会通过Instagram得知您的数据内容以及您的使用信息。

欲了解更多信息,请参阅Instagram的隐私政策:

http://instagram.com/about/legal/privacy/

使用LinkedIn的隐私政策

我们的网站使用了社交网络LinkedIn的功能。此供应商是LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA。当您访问我们的网页时,您的浏览器和Linkedin服务器之间的连接将被直接建立。Linkedin将获取您用您的IP地址访问我们网页的信息。如果您在登陆Linkedin的情况下按“推荐按钮”,可以使Linkedin将您访问我们网站的信息归纳于您的账号。我们声明,作为网页的供应商,我们不会通过Linkedin得知您的数据内容以及您的使用信息。

欲了解更多信息,请参阅Linkedin的隐私政策:

https://www.linkedin.com/legal/privacy-policy

使用Pinterest的隐私政策

我们的网站使用了Pinterest的社交插件,此社交网络由Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA经营。如果您打开一个拥有此插件的网站,您的浏览器和Pinterest服务器之间的连接将被直接建立。该插件将发送记录数据到美国的Pinterest服务器。此记录数据有可能拥有您的IP地址,也拥有Pinterest功能的被访问网站的地址、浏览器的类型和设置、查询日期和时间、您使用Pinterest的方式以及Cookies。

更多有关Pinterest的用途、范围、进一步数据处理和使用以及相关的您的隐私保护权和可能性,请见Pinterest的隐私政策:https://about.pinterest.com/de/privacy-policy

使用Twitter的隐私政策

我们的网站链接了Twitter的服务功能。此功能由Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA,提供。通过使用Twitter以及其"Re-Tweet" 功能,您所访问的网站将和您的Twitter账户连接,并告知其他客户。此数据也被传递到Twitter。我们声明,作为网站的供应商,我们不会通过Twitter得知您的数据内容以及您的使用信息。欲了解更多信息,请参阅Twitter的隐私政策:http://twitter.com/privacy。

您在Twitter上的隐私设置可以通过以下账户设置 http://twitter.com/account/settings .

使用Xing的隐私政策

我们网站使用社交网络XING的功能。此供应商是XING AG, Dammtorstraße 29-32, 20354 Hamburg, Deutschland(德国)。当您访问我们的网页时,您的浏览器和Xing服务器之间的连接将被直接建立。据我们所知,个人数据不被储存。尤其是IP地址不会被储存或不会被分析使用行为。

更多关于Xing的隐私保护和分享按钮,请参阅Xing的隐私政策:https://www.xing.com/app/share?op=data_protection

使用YouTube的隐私政策

我们的网站使用由谷歌经营的网站YouTube的插件。此网站的经营者为YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA。如果您访问我们拥有YouTube插件的网页,您的浏览器将和YouTube的服务器建立一个连接。Youtube服务器将获得您曾访问过我们哪些网页的信息。

如果您已登陆您的YouTube账号,您的网站浏览举动将直接被归纳于您的个人资料。您可以退出您的YouTube账号登陆防止此举。

更多有关于用户数据的处理的信息,请参阅YouTube的隐私政策: https://www.google.de/intl/de/policies/privacy

Cookies

此网站使用所谓的Cookies。Cookie不会为您的电脑带来危害,并且不包含病毒。Cookies使我们的供应提高用户友好度、更有效和安全。Cookies是存储在电脑上,并通过浏览器保存的小文本文件。

大多数我们使用的cookie是所谓的“Session-cookie”。它们在您的访问后被自动删除。其它的Cookies被保留在您的电脑上,直到您删除它们。当您再次访问我门的网站时,这些Cookies使我们再次识别您。

您可以设置您的浏览器,使你被告知使用cookies,并只在单个或特别的情况下允许使用cookies,或普遍拒绝使用,以及激活当您关闭浏览器时cookies即被自动删除的功能。当Cookies被关闭时,此网站的功能有可能会受限制。. 

联系表格

如果您通过联系表格向我们寻求咨询,为了能更好的处理您的查询并为了方便您今后的查询,我们将会储存您填写的信息,包括您留下的联系方式。此数据我们不会未经同意转交第三方。

拒绝广告邮件

我们明确地拒绝利用在法律声明框架下而公布的联系方式,给我们发送未经许可的广告和宣传资料。如果收到未经许可的广告信息,例如垃圾邮件,此网站的经营者保留采取法律措施的权利。

时事快报

如果你想收到此网站提供的时事快报,我们需要您的邮箱地址以及有关于可以检验您是此邮箱主人的信息,并且您必须同意我们为您发送时事快报。我们不需要其它的信息。此数据只用于发送要求的信息,不会转交于第三方。.

数据、电子邮件地址以及发送时事快报储存的许可可以在任何时候被取消,例如使用“退订”时事快报的链接。

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综合采购条款

1.适用范围

1.1本综合采购条款(下称:AEB)适用于所有的合同,包括配套服务、咨询和信息,并将由我们voxeljet AG作为买家/客户端签订。
1.2此AEB适用于所有我们作为买家/客户端签订的合同,包括配套服务、咨询和信息。当卖家/承包商(下称:卖家)确认订单后,AEB同时被认可并成为合同的一部分。卖家方的引起冲突或带偏差的条件在此均被拒绝。只有在书面同意的情况下,该条件才可成为合同的内容。我们的AEB也适用于当我们得知卖家的引起冲突或带偏差的条件,但仍然无条件接受卖家的供货/服务时。
1.3我们的AEB只适用于公司(§ 14 BGB 民事法典)、公法法人或根据BGB的§310条第1款第1句中所指的公共专项资金。
1.4我们的AEB也适用于所有将来我们作为买家/客户端的合同伙伴和卖家将签署的合同。
1.5所有我们和卖家之间的协议必须以书面形式签订。这也适用于书面形式要求的放弃。

 

 

 

2.订单和订单确认

2.1收到订单后,卖家必须及时接受/确认。如果我们在卖家收到订单后一周以内没有得到接受通知,我们保留撤销订单的权利。口头订单需要我们的书面确认。在确认订单时和在所有信件内必须注明我们的订单编码。
2.2在对供应商合理的情况下,我们明确保留要求卖家变更交付物品的设计或实施的权利。

3. 价格、付款方式、抵销,保留货物、拒绝服务

3.1我们与卖家商定的价格是固定的,其包括运输、包装、路费和保险、进口和出口关税等费用。任何附加要求应由我们明确的书面确认或当我们明确的书面更改订单后才有效。
3.2如果我们在14日内付款的话,应打3%的折扣,30日内付款的话为全净额,除非另有书面协议。付款期限从收到账单和货物,也就是说当所有的服务已提交时开始计算,在厂房内的服务由接受服务开始计算。决定遵守时间的关键因素是我们的支付操作日。供货/服务的接收或接受和我们的支付没有任何关联。
3.3付款将完全通过银行转账进行。
3.4如果货物有错误的话,我们有权利保留部分款项直到卖家提供正确的货物。
3.5如果我们没有及时付款,卖家有权利要求支付最高至5 %年息的利息。
3.5应收款的转让或扣款授权必须经过我们明确的同意。
3.7卖家只有在当他的反诉合法确认或无可争议时,才有抵消、保留货物和拒绝服务的权利。此外,卖家只可在当他的反诉是符合同一合同的情况下,允许执行保留货物的权利。

 

 

 

4. 交货/服务的截止日期、日期、延期

4.1卖家必须遵守所有为提供服务而商定的期限、包括中间期限和单一期限。只有在当所有的服务在商定的期限内到达商定的地点才被认可为遵守期限。如果卖家发现或必须认识到指定的期限有危险,那么他必须事先及时的书面告知我们,并通知我们可能实现的交货日期。我们针对延期服务的权利要求在同意新的供货日期的情况下不变。此4.1条款适用于所有与卖家商定的期限,包括中间期限和单一期限。
4.2如果卖家在适当指定的延期日期内仍没有供货,我们有权利退出合同并/或要求卖家进行赔偿。
4.3供应商应确保,在终止为我们供应生产材料后的15年内,以合理的条件继续为我们提供零配件等货品或组件。
4.4如果发生不可抗力的情况,卖家必须在期限到期之前24小时以书面形式或者传真方式全面性的通知我们,并且证明此事件。如果我们在第1条的指定期限内没有接到通知,那么卖家只有在证明此不可抗力的事件是在24小时的期限内发生的,并是造成延期的主要原因,才能将此不可抗力的事件作为原由。
4.5卖家必须亲自提供服务。如果服务是由第三方(分包商)提供的,必须经过我们的同意。
4.6卖家承诺,根据合同雇佣员工和委托在4.4条款框架下所提及的第三方,并及时遵守所有法律指定的登记、公示和纳税义务。

 

 

 

5. 发货、风险承担、包装

5.1除非另有约定,货物应不计运费运往送货地址并由卖家承担风险。第7条不受影响。
5.2卖家应自掏费用回收所有的包装材料。根据包装条款§ 4,卖家的回收义务在交接场地执行。

 

 

 

6. 质量、文档、制作文件、数据

6.1卖家的供货/服务必须符合合同内的文件中所商定的有关于实施、质量、颜色、数量和我们的技术规格,以及卖家的技术规格(次要)等要点。
6.2所有卖家提供的或交付我们的文件(操作和维护手册,文档验证和检验合格证,策划图等)必须是德语的。商定的翻译成其它语言的费用由卖家承担,并由卖家负责译文的准确性。

 

 

 

7. 厂房内服务

7.1如果与卖家的合同内包括安装、组装或其它的厂房内服务,必须遵守以下几点:必须是正式的验收。这只能在测试阶段成功完成后进行。虚拟的或将就的验收,尤其是没有正式验收的使用是不可行的。如果在收货时我们没有执行此权利,在收货后我们对卖家仍有要求处罚权利。

8. 缺陷索赔、时效规定

8.1卖家应根据法律规定保证其服务。卖家除了确保第6.1条款中规定的义务之外,必须保证供货和服务吻合合同内所商定的性质特征和全面功能。
8.2收货确认、支付不代表对服务的认可。
8.3有缺陷的货物将被退回,并由卖家承担费用。在特别紧急或有严重损害威胁时,并在不影响合法权益的情况下,我们将自己以适当的方式进行修复,费用由卖家承担。
8.4所有针对卖家供货/服务缺陷索赔的时效规定期为5年,法律规定更长时间的时效规定期例外。时效规定期的开始由法律的规定决定。

 

 

 

9. 责任和保险

9.1卖家应保证,其所有的产品均根据产品责任法没有缺陷。如果我们因为卖家所提供服务的缺陷或错误承担严格责任/危险责任,尤其是产品责任时,卖家应毫无怨言地赔偿全额,即时没有证据。
9.2我们所采取的预防损坏和减少损害措施(如召回产品)的费用,应由卖家全权承担。
9.3卖家应购买与货物价值至少相等价值的责任保险,并当我们提出要求时向我们证明。

 

 

 

10. 机密性

10.1卖家有责任将在合同关系内所得知的所有的(非公开)技术、经济和个人交易以及关系始终当公司或企业机密处理,执行保密制度,并确保不向第三者(包括家庭成员,以及未触及此业务的员工)擅自透露机密。保密义务在合同终止后继续有效。
10.2如果卖家未能遵守保密义务,它必须为每次的侵权案例支付5%的订单净价值,除非卖家向我们证明,此举动没有或只给我们带来很小的损失。但我们始终有权要求赔偿实际损失的全额。

 

 

 

11. 第三方保护法

11.1卖家有责任不违反国内和国外的商业第三方保护法。如果因为使用卖家的产品而导致我们违反第三方保护法,卖家必须自己出资使我们获得使用权,或者以其它方式满足要求,使不违反第三方保护法。此外,卖家应全权负责因采用他们的产品而违反国内或国际保护法对我们和我们的客户所造成的损失。

 

 

 

12. 所有权

12.1货物在交接后,所有权归我们。如果卖家在货物交接后仍坚持保留所有权,必须经过我们的书面同意。如果我们为了使完成所供应的产品而提供部件或组件,它们的所有权仍归我们。

 

 

 

13. 不可抗力的事件

13.1如果不可抗力事件的发生,如非自愿的业务中断、暴乱、官方措施或其它不可避免的事件,在事件尚未解决时供货期限暂时无效。如果此事件不是长久性的,并不影响我们的生产能力的话,当此事件解决后两星期之内如果仍然没有履行交货义务,在其它权利不受影响的情况下,我们可完全或部分退出合同。13.1的条款也适用于劳资纠纷。

 

 

 

14.语言、交货地点、司法管辖区、采用的法律

14.1谈判和合同语言为德语。合同执行的语言也是德语。
14.2卖家所有的交货地点是德国的奥格斯堡。
14.3如果卖家是厂商,所有直接或间接地在合同关系内产生纠纷的司法管辖区为德国奥格斯堡。无论卖家是否具备厂商性质,此点也适用于如果卖家将他的住所或经常居住地搬到国外,或者如果卖家的住址或经常居住地是未知的。我们也有权在卖家的司法管辖区起诉。
14.4所有我们和卖家之间的法律关系或法律行为均受德意志联邦共和国的法律保护,联合国公约国际货物销售合同(CISG)例外。

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General terms and conditions

1. Scope

1.1 Our General Terms and Conditions of Sale and Delivery (hereafter: GTC) shall apply exclusively to all contracts, including ancillary services, advisory services and information, which we, voxeljet AG, conclude in our role as seller, supplier and contractor.

1.2 Upon the placement of a purchase order/awarding of a contract on the part of the buyer or ordering party (hereafter: customer), our GTC shall be deemed as acknowledged and a part of the contract. Contrary or diverging customer terms are hereby expressly objected to. They shall only become a content of the contract in individual cases with our express consent. Our GTC also apply if we provide the service for the customer without reservations and in knowledge of any customer terms that oppose our terms or diverge from our GTC.

1.3 Our GTC shall only apply with respect to companies (§ 14 of the German Civil Code (BGB)), legal entities under public law or a special asset under public law in terms of § 310 Subp.1 Clause 1 BGB.

1.4 Our GTC also apply to all future contracts concluded with the customer as a seller, supplier and customer.

1.5 Individual agreements reached in an individual case with the customer (including collateral agreements, supplements and amendments) shall in all cases have precedence over these GTC. Subject to proof to the contrary, a written contract or our written confirmation shall be decisive for the contents of such agreements.  

1.6 All costumer’s legally relevant declarations and notifications relating to the contract (e.g. setting of deadlines, notifications of defects, declaration of cancellation or reduction), shall be made in writing, i.e. in the written form or in the text form (e.g. letter, e-mail, fax) in order to be valid. Statutory formal requirements and further certifications, in particular in case of doubt concerning the legitimation, shall remain unaffected.

2. Offer, Offer documents, Order confirmation, Service scope

2.1 Our offers are always indivisible, non-binding and subject to change without notice.

2.2 All of the documents that belong to our offers (e.g. letters, plans, drawings, calculations, illustrations, samples, test pieces, models, designs), which are provided to the customer or third parties attributable to the customer as part of the contract negotiations or the contract relationship, shall be non-binding. In addition, Number 11.1 shall also apply.

2.3 The scope of our service obligations is determined by our written order confirmation or delivery contract. The customer's order is only considered accepted once the order confirmation has been received or the delivery contract has been signed, or the goods are shipped. Change requests by the customer with respect to our order confirmation or delivery contract, regardless of the type, shall only become a content of the contract with our express confirmation.

2.4 All information regarding the suitability and possible applications of our services is provided to our best knowledge. However, this information is merely based on our experience values, which cannot be deemed as representing the agreed property or as guaranteed; they do not establish any claims against us. In particular, the customer shall not be released from the obligation to independently verify the suitability of our services for the purpose intended by him based on his own inspections.

2.5 Our services are performed according to the relevant German technical and legal provisions and standards in the version that applies on the date the contract is concluded.

2.6 We are entitled to use third parties as vicarious agents in fulfillment of the contractual services.

3. Price, Due date, Payment terms, Period of limitation, Offset, Holdback, Refusal to provide service

3.1 All offered and agreed prices shall be FCA (Incoterms 2010). The prices agreed by the parties for the contractual services also do not include insurance and taxes. All of the costs incurred by us for shipping, transport, packaging, import and export duties, insurance, taxes, acceptance and approval procedures required by government authorities or the customer, etc. will be invoiced separately to the customer.

3.2 Prices shall be exclusive of the applicable statutory VAT where applicable.

3.3 Our claims for payment relating to service activities (print molds and cast parts) are due for immediate payment upon receipt of our invoice by the customer and must be paid without deductions.

3.4 Subject to different individual agreements, our claims for payment relating to system activities (printing machines) are due for immediate payment 30 % upon signing of a contract, 60% upon receipt of our notification of the delivery date by the customer, 10 % upon the acceptance of the goods by the customer.

3.5 The timeliness of the customer's payment shall be determined by the date the payment is received. Cheques and drafts will only be accepted on account of performance. In addition, we only accept payments by draft if we have provided our prior written consent.

3.5 In the event our goods are provided or delivered more than six months following the conclusion of the contract, either by agreement or for reasons for which we are not at fault, and if our labor and/or material costs increase or decrease by more than 5% between the time the contract is concluded and the delivery/provision takes place, the agreed price shall change accordingly; to this end, the price calculation is based on a labor and material portion of 45% each, and a fixed price portion of 10%. If the price increases or decreases by more than 10%, both the customer and we may withdraw from the corresponding part of the contract.

3.6 We are entitled to demand partial payments/installment payments for partial services.

3.7 In the event the customer is in payment default, we are entitled to apply default interest of 9 % points above the three-month Euribor rate of the European Central Bank; the interest is calculated on the Euribor quotation of the day the payment is in default. We also reserve the right to assert additional damages.

3.8 In the case of justified doubts regarding the customer's ability to pay, voxeljet is authorized to demand security or withhold all or some of the outstanding services from this contract with the customer.

3.9 In the absence of longer limitation periods set by law, our claims for payment shall lapse 5 years after the end of the year in which the claim becomes due.

3.10 The customer shall only be entitled to rights related to offsets, holdbacks and refusal of service if his counter claims are legally valid and undisputed. In addition, the customer is only authorized to exercise a holdback right to the extent that his counter claim is based on the same contract relationship.

4. Partial performance, Time limits, Deadlines, Delays

4.1 We are entitled to provide partial performance at all times, following a reasonable consideration of the customer's interests. We are entitled to deliver the entire or partial performance before the delivery date, with reasonable consideration of the customer's interest.

4.2 Deadlines or time limits can be bindingly and non-bindingly agreed upon. Deadlines or time limits indicated by or arranged with us shall be deemed to be non-binding, unless they have been expressly agreed as binding. Numbers 4.3 to 4.8 apply in situations in which binding deadlines or time limits have been arranged as an exception.

4.3 Time limits are no longer considered binding if the item or scope of the order is changed or expanded after the time limit has been agreed to.

4.4 Time limits begin at the earliest with the payment of agreed or required down payments or installment payments by the customer.

4.5 A time limit is adhered to if we have started with the performance of our services at its expiry or the goods have left our delivery plant/warehouse, or an availability notice has been submitted to the customer for contracts with ex delivery plant/warehouse deliveries.

4.6 Adherence to time limits on our part presumes the proper fulfillment of contractual obligations on the customer's part. In the case of default on the part of the customer, all time limits for services rendered by us shall be extended by the period of default plus a reasonable restart period. We may ask the customer to reimburse us for additional expenses caused by a delay for which the customer is responsible, in particular for the extended provision of personnel. Additional claims shall not be affected.

4.7 Time limits shall be extended in circumstances for which we are not at fault and in cases of force majeure (e.g. unforeseeable disruptions to operations, transportation or shipping, in the case of fire damages, flooding, unforeseeable lack of labor, energy, raw materials or ancillary materials, subsequent material shortages, import and export restrictions, strikes, lock-outs, official orders, epidemics, armed conflicts, riots and similar unforeseeable events which render provision of performance difficult or impossible for us or our suppliers or freight companies) of a temporary nature in accordance with the time period of the hindrance plus a reasonable restart period. We will immediately notify the customer of such hindrances to performance. The parties will subsequently coordinate the subsequent course of action.

4.8 In the event our deliveries are delayed for reasons that are within our control, the customer shall be entitled, following a reasonable written extension, which must normally be at least four weeks, to withdraw from the contract pursuant to the statutory provisions.

4.9 A withdrawal by the customer due to delay is excluded if we have started with the performance of our services at the end of the extension or the goods have left our delivery plant/warehouse, or an availability notice has been submitted to the customer for contracts involving ex delivery plant/warehouse deliveries. 

5. Provision of goods, Shipping, Responsibility for risk, Delay in acceptance, Packaging

5.1 The contractual products are provided on the basis of FCA (Incoterms 2010) at voxeljet’s premises for pick-up. We will notify the customer when the contractual products are ready for pick-up. The customer is required to pick up our goods within seven calendar days from our company’s premises following receipt of our invoice or notification of readiness for delivery.

5.2 Shipment of our goods shall only take place at the request, cost and risk of the customer. The selection of the shipping method shall be our responsibility, including a reasonable consideration of the customer's interests.

5.3 Upon express request and at the cost of the customer, we will also insure goods deliveries against theft, breakage, transport, fire and water damages as well as other insurable risks.

5.4 In the event the customer refuses to accept our performance at the end of a reasonable extension (acceptance delay), we are entitled to withdraw from the contract and demand damage compensation, without prejudice to further claims.

In the event the shipping or pick-up of our goods is delayed for reasons for which we are not at fault by more than one month following the notice of delivery readiness to the customer, we may store the goods at our own discretion and at the customer's risk and cost.

5.5 Customers  are obliged to inspect our goods immediately following delivery for obvious transport losses, transport defects or damages, to determine objections in accordance with the conditions of the carrier in the presence of the driver, to document the same and provide us with written notification of the same immediately, but no later than seven calendar days after delivery. Customers are responsible for always performing the required formalities with regard to the carrier. If they fail to do so, any claims due to obvious volume differences, defects or damages to the contractual products shall be excluded. Number 7.3 shall not be affected by these provisions.

5.6 Packaging will only be taken back in line with the statutory obligations. If the customer is not a private end consumer in terms of sec. 3 subsect. 11 sentence 2 of the Packaging Regulation (Verpackungsverordnung), the disposal of sale packaging (sec. 3 subsect. 1 no. 2 Packaging Regulation) will be charged to the customer on the basis of cost. Packaging cannot be returned for shipments outside of Germany. Where packaging is not returned to us, any participation on our part in the assumption of disposal costs shall be excluded.

6. Retention of title

6.1 We shall retain title to all contractual products until such time as all claims from this contract have been paid.
Retention of title with regard to the customer shall also be maintained if we include the claims in an ongoing account (current account) and the balance is drawn and acknowledged (current account reservation). The transfer of risk as per Number 5 shall not be affected.

6.2 The customer must handle our goods subject to retention of title in a careful manner. He shall be obliged to sufficiently insure our goods subject to retention of title for the gross value and at his own cost against fire, water and theft damages. As a precautionary measure, the customer already assigns to us his claims for compensation from these insurance policies in the amount of the gross value of the goods. The assignment is hereby accepted.

6.3 The processing, combination and/or mixing of our goods subject to retention of title by the customer shall always be carried out on our behalf, without resulting in any obligations on our part. Where the goods are processed, combined and/or mixed with other items that do not belong to us, we shall assume co-ownership in the new item at the proportion of the gross value of the goods subject to retention of title to the other items at the time of processing, combining and/or mixing. Where the customer acquires sole ownership in the new item, it is hereby agreed that the customer shall transfer co-ownership to us in accordance with the gross value of the goods. In the event the customer acquires possession of the new item, he shall safeguard any sole or co-ownership thus obtained on our behalf. Safekeeping is provided by the customer at no charge. For the remainder, with respect to the goods resulting from processing, combining and/or mixing, the same shall apply as for goods delivered under retention of title.

6.4 In the event our goods subject to retention of title or items produced from the same are installed on the property of a third party in such a manner that our goods subject to retention of title become an integral part of the property, the customer already now assigns to us, in lieu of our ownership rights to the goods subject to retention of title, the customer's claim against his customer in the amount of the gross value of the goods for our installed goods subject to retention of title in order to safeguard our claims. The assignment is hereby accepted.

6.5 The customer is entitled to resell the goods subject to retention of title as part of proper business activities, as long as he continues to meet his obligations to us and the resale results in a payment claim that is at least equal to the customer's purchase costs. In the event of a resale of our goods subject to retention of title by the customer, the latter may only deliver the goods subject to retention of title to his customers under an effectively agreed retention of title until full payment has been submitted (forwarded retention of title), whereby the current account reservation agreed to in Number 6.1 shall not apply to the forwarded retention of title.

The customer hereby assigns to us all claims against his customer or third parties resulting from the resale of our goods subject to retention of title in advance, including any claims to which he will be entitled to in the future, in accordance with the gross value of our goods subject to retention of title. The assignment is hereby accepted. Where our goods subject to retention of title are processed, combined and/or mixed with items that do not belong to us, the assignment of claims shall only apply at the proportion of the gross value of our goods subject to retention of title to the value of the outside items that are also sold. Notwithstanding the assignment, the customer shall remain authorized to collect the claim. Our authorization to collect the claim on our own shall not be affected. However, we are obliged not to collect the claim as long as the customer properly meets his payment and other obligations to us.

In the case of payment default, suspension of payments and an application for insolvency regarding the customer's assets, the authorizations for reselling the goods subject to retention of title and collection of customer claims shall expire automatically. The customer is required to inform us of the assigned claims and their debtors at our request and also provide us with all information required for collection purposes and to hand over associated documents, particularly account books. A withdrawal from the contract is not required for the assertion of a retention of title.

6.6 In the case of customer actions that are in breach of contract, particularly in the case of payment default, we are entitled to take back our goods that have not yet been paid. To this extent, the customer shall not have any right to possession. Following the return of the goods, we are entitled to utilize of the same. The utilization proceeds is to be credited against the customer's liabilities less utilization costs. The customer is free to provide evidence that the utilization has resulted in unreasonably high costs. As a result, the customer shall not be responsible for the corresponding difference.

6.7 The customer is not permitted to pledge the goods subject to retention of title or assign them by way of security. Goods subject to retention of title delivered by us must be expressly excluded from any transfers by way of security for entire warehouse stocks.

6.8 In the case of compulsory enforcements, attachment or other interference by third parties with respect to our goods subject to retention of title, the customer is required to make reference to our retention of title and immediately notify us in writing, so that we can implement the required counter-measures. Where measures taken against compulsory enforcement, attachment or other interference are successful, the customer shall be liable for all court or out-of-court costs incurred by us, insofar as no other compensation is demanded.

6.9 In the event the goods subject to retention of title are delivered to a location outside of the Federal Republic of Germany or are moved to such a location by the customer, the following shall take precedence over Number 6.1 to 6.9: the customer is responsible for ensuring that our retention of title is effectively protected in the country in which the goods subject to retention of title are located or to which they are transported. Insofar as this requires specific actions (e.g. special identification or local registry entries), the customer will undertake these actions to our benefit and at his cost. In the event our participation is required, the customer will immediately notify us of this requirement. In addition, the customer will inform us of all significant circumstances that are important in achieving the most extensive protection of our property. In particular, the customer will provide us with all documents and information that is required to enforce our rights from the property.
In the event a retention of title cannot continue or be agreed at the location of the goods subject to retention of title, the customer shall be required to obtain for us a legal position that protects us in an equally effective and suitable manner.

6.10        If the realizable value of the securities exceeds our demands by more than 10 % then, at the request of the customer, we will release securities according to our choice.

7. Statutory right of warranty

8. Liability

8.1 Any damage compensation claims on the part of the customer, regardless of the legal reason, whether directly or indirectly associated with our performance/goods, shall be excluded. This shall not apply in cases of intent or gross negligence, of a lack of a guaranteed condition, of a breach of a cardinal contract obligation and, as far as we have mandatory liability in accordance with the Product Liability Law. Cardinal obligations are obligations the fulfillment of which enables the proper implementation of the contract and in the compliance of which the contract partner regularly trusts and may trust, hence the rights and obligations granted by the contract according to its contents and purpose.

8.2 Our liability for a breach of a cardinal contract obligation shall be limited to compensation of foreseeable damages that are typical for the contract, unless, we are compulsorily liable for other reasons in accordance with Number 8.1. Sentence 2.

8.3 We do not view damage compensation claims by the customer against us that are based on claims for breach of contract by the customer's customers or other provisions that go beyond statutory warranty as foreseeable and typical for the contract in the aforementioned sense. In each case we are entitled to provide proof of lesser damages.

8.4 Where damages are covered by insurance concluded by the customer for the relevant damage situation, our liability shall be limited to any disadvantages incurred by the customer in association with the damages, e.g. higher insurance premiums or disadvantageous interest rates up to the claims settlement by the insurer.

8.5 The preceding exclusions and restrictions of liability shall apply at the same scope in favor of our executive bodies, statutory representatives, employees and other vicarious agents.

9. Information regarding data protection legislation

We hereby advise that we store and process customer data that relates to the business relationship with the customer in terms of the Federal Data Protection Act (Bundesdatenschutzgesetz); the customer hereby provides his express consent.

10. Export of our deliveries/services

If the contractual goods are delivered to a location outside of the Federal Republic of Germany or are transported to such a location by the customer, our services may be subject to export and import restrictions. The customer is solely responsible for ensuring that all applicable export and import control provisions are adhered to. The customer indemnifies us from all claims in the event we are taken to task due to the export/re-export of contractual products or services, regardless of the legal reason, and this situation is the customer's responsibility.

11. Industrial property rights, Confidentiality

11.1 The customer is required to secrecy with regard to confidential information. Confidential information refers to all of our non-evident technical, business, personal and other internal processes and situations, which were already communicated to the customer in connection with the contract or which are disclosed during the term of the contract. The customer must treat this information as business or operating secrets and ensure that third parties (including family members and employees not involved in the matter) do not acquire unauthorized knowledge of this confidential information. This duty of confidentiality shall continue after the end of the contract as long as the information has not been made manifest.

11.2 Insofar as the customer is required to disclose confidential information in terms of Number 11.1 and Number 11.2 due to a statutory obligation or a legally valid official or court order, he will disclose only such confidential information that must be disclosed on the basis of the statutory obligation or order and further will endeavor, to the best of his ability, to ensure that the disclosed confidential information is treated in accordance with this agreement where possible. The customer will immediately inform us of this obligation in writing by fax or e-mail and at our request will assist us to protect the confidential information or have it protected through the courts, as much as possible.

11.3 We reserve ownership and all copyright-related rights of use and recovery for all documents (e.g. letters, plans, drawings, calculations, illustrations, samples, test pieces, models, designs) and confidential concepts and ideas that we provide to the customer or for which we pay. The documents, concepts and ideas listed in sentence 1 may not be ceded or otherwise be made accessible to third parties without our prior approval. The copying of such documents is only permissible in line with the requirements of the contract and in compliance with copyright provisions. In addition, the full documents must be returned to us at our request at any time, unless the customer requires the documents for the purpose of implementing the contract or using our deliveries/goods. No later than the time the contract is not awarded or following the end of the contract, the customer must return all of the documents without requiring a request in this regard, unless he requires the documents to use our deliveries/goods. Third parties who come into contact with the documents, concepts and ideas as intended, must be obliged accordingly by the customer. Any assertion of a holdback right with regard to the documents is hereby excluded.

11.4 In the event a customer culpably breaches the confidentiality obligation in Number 11.1and in Number 11.2, he will be required to pay a contract penalty of 5% of the agreed net counter performance, but at least EUR 20,000.00, Our right to assert additional damages shall not be affected.

12. Provided templates/data, Breaches against morality, Laws and rights, Deletion

12.1 Where the customer provides us with templates or data for our deliveries and performance, the customer hereby warrants that these templates/data and deliveries and performance rendered by us on that basis do not contain any grossly objectionable contents, breach statutory provisions or third-party rights (particularly industrial property rights of third parties based on property, brand, name, patent, work title or copyright laws).

12.2 In the event the templates/data provided by the customer for our deliveries and performance or our deliveries and performance rendered on that basis contain grossly objectionable contents, breach statutory provisions or third-party rights (particularly industrial property rights of third parties based on property, brand, name, patent, work title or copyright laws), we are entitled to (also partially) withdraw from the contract. The customer shall not derive any rights against us as a result of the withdrawal or the contract portion that is affected by the withdrawal. Where the customer is at fault for the withdrawal, the customer shall owe us compensation for all incurred costs and expenditures with regard to the contract portion affected by the withdrawal.

12.3 We are not responsible for templates or data that is provided to us by the customer for our deliveries and performance. In particular, we are not required to inspect the templates/data for possible breaches against morality, laws or rights. The customer hereby releases us from all penalties, damages, costs and claims for which he is at fault and which are asserted against us by government agencies or other third parties as a result of such breaches of morality or laws or breaches of third-party rights; the customer shall indemnify us against all claims and actions and will provide reasonable advance payments upon request.

12.4 We are neither able nor required to store or otherwise document the data provided to us by the customer for our deliveries and performance beyond the processing of the order. The customer shall be responsible for any required storage activities or other documentation for this data.

13. Language, Place of fulfillment and jurisdiction, Applicable law

13.1 German shall be the language of negotiations and the contract. German shall also be the language used in the implementation of the project.

13.2 Augsburg shall be the place of fulfillment for all obligations that result from and in connection with the contract.

13.3 Augsburg shall also be the exclusive place of jurisdiction for all disputes that directly or indirectly result from the contract, as long as the customer is a merchant in terms of the German Commercial Code (HGB), a legal person under public law, or a special asset under public law. This also applies independently of the merchant characteristic if the customer moves his domicile or customary place of residence abroad or his domicile or customary place of residence is not known at the time the suit is filed. In all cases we shall also be entitled to file suit at the customer's general place of jurisdiction.

13.4 The business relationship between the customer and us from and in connection with this contract shall be exclusively subject to the law of the Federal Republic of Germany in exclusion of the uniform UN Convention on Contracts for the International Sale of Goods (CISG).

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