D+H Produktkatalog motorer + konsoller 2021

209 (Status January 2018) Only the German version of this General Terms and Conditions is legally binding while the English version only serves for the purpose of translation. In case of discrepancies of the contents the German version prevails. acknowledgement of any infringement of property rights. 4. Any claims from the Buyer shall be excluded if Buyer is responsible for the infringement of property rights. 5. Buyer claims are further excluded if the infringement of property rights is caused by the Buyer’s special specifications, by an application that D+H could not foresee, or by the shipment being modified by the Buyer, or used in conjunction with products not delivered by D+H. 6. In the event of an infringement of property rights other than these, the provisions of paragraph VIII no. 5 to 9 shall apply accordingly for the Buyer’s claims regulated in no. X.3 a). 7. If other legal defects exist, the provisions of paragraph VIII shall apply accordingly. 8. Any further claims or claims other than those expressly regulated in this paragraph X made by the Buyer against D+H and persons D+H employs to perform the contract due to a legal defect are excluded. XI. Confidentiality 1. The parties agree that they and the respective associated companies shall treat the knowledge they have gained about each other in connection with negotiations and closing contracts with strict confidentiality. This obligation also extends beyond the term of the contract. 2. The parties are not permitted to make business and trade secrets or confidential information accessible to third parties. 3. If the Buyer violates this non-disclosure agreement and continues this violation despite a prior notice fromD+H, the Buyer must pay D+H a contractual penalty in the amount of 10,000.00 euros. If the act of infringement continues, the Buyer must pay an additional contractual penalty in the amount of 5,000.00 euros for each additional month of violation. The right of D+H to assert claims for any further damages and to demand cessation of the prohibited behavior shall remain unaffected. XII. Impossibility; Contract Adaptation 1. D+H shall be liable if shipment is impossible only in cases of willful acting or gross negligence by D+H or a representative or persons employed to perform the contract as well as in events of negligently caused loss of life, body injury or damage to health according to statutory provisions. Notwithstanding, the liability of D+H in cases of gross negligence shall be limited to the foreseeable damage specified in the contract, if none of the other exceptions listed in sentence 1 exist at the same time. Beyond the cases mentioned in sentence 1 and 2, the liability of D+H for damage compensation and compensation for wasted expenditure due to impossibility shall be limited to a total of 10% of the value of the shipment. Any further Buyer claims due to impossibility of shipment are excluded—even after expiration of a time set for D+H for the delivery. The right of the Buyer to withdraw from the contract in accordance with paragraph VIII., no. 11 remains unaffected. The preceding provisions do not entail any changes to the burden of proof to the disadvantage of the Buyer. 2. Insofar as unforeseeable events in the sense of paragraph V, no. 3 substantially change the economic importance or the content of the shipment or have a substantial impact on the operations of D+H, the contract shall be adapted taking into account the principles of reasonableness and good faith. Insofar as this is economically untenable, D+H has the right to withdraw from the contract. If D+H desires to make use of this right to withdraw from the contract, D+Hmust, after recognizing the repercussions of the event, immediately inform the Buyer, even if an extension of the delivery time was initially agreed with the Buyer. XIII. Liability 1. D+H shall be liable in cases of willful acting or gross negligence by D+H or a representative or persons employed to perform the contract as well as in events of culpably caused loss of life, bodily injury or damage to health according to statutory provisions. Notwithstanding, the liability of D+H in cases of gross negligence shall be limited to the foreseeable damage specified in the contract, insofar as no other exceptions than those listed in sentences 1 or 3 of this no. XIII exist at the same time. Apart from that, D+H is liable only in accordance with the Product Liability Act (Produkthaftungsgesetz), due to the culpable violation of fundamental contractual obligations or insofar as D+H has fraudulently concealed a defect or provided a guarantee for the quality of the delivery item. However, the claim for damages for violation of material contractual obligations shall be limited to the foreseeable damages specified in the contract, if no other exceptions than those listed in sentences 1 or 3 of this no. XIII.1 exist at the same time. 2. The provisions from the preceding no. XIII.1 apply to all claims for damages (particularly for damage compensation in addition to the service and damage compensation instead of the service), regardless of the legal basis, particularly due to defects, violation of obligations of the contract or from unlawful acts. They also apply to the claim for compensation of wasted expenditure. However, liability for delay is determined by paragraph V. numbers 4 to 7 and liability for impossibility by paragraph XII., no. 1. XIV. Place of Performance, Jurisdiction and Applicable Law 1. The place of performance for shipments and payments is the registered office of D+H. 2. If the Buyer is a merchant, the sole place of jurisdiction for all disputes indirectly or directly proceeding from the contractual relationship is the registered office of D+H. However, D+H is also authorized to sue at the registered office of the Buyer. 3. The legal relationships in connection with this contract are governed by German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). 1. Modifications to this contract must be in writing to be effective. This also applies to modification of this requirement of written form. 2. The ineffectiveness of individual provisions in this contract shall not affect the effectiveness of the remaining provisions. In this case, the parties undertake to agree upon effective provisions that come closest to the intended purpose of the ineffective provisions in economic terms. This applies accordingly to the closing of any gaps in this contract. Only the German version of this General Terms and Conditions are legally binding while the English version only serves for the purpose of translation. In case of discrepancies of the contents the German version prevails.

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