6.6 If we nevertheless find ourselves in default, the Customer shall have to grant us a reasonable subsequent period of time. As long as this subsequent period of time does not lapse unsuccessfully or was dispensable for other reasons provided for by law, the Customer may not procure the goods or services elsewhere and he may not withdraw from the contract. 6.7 If the shipment is delayed at the request of the customer or for reasons for which the customer is responsible, the customer will be charged the costs incurred through storage and financing at least 0.5% of the invoice amount for each month, starting one month after notification of readiness. The assertion of further rights from delay remains unaffected. The customer reserves the right to prove lower damage / lower costs. 7. PACKING / DISPATCH / PASSING OF RISK 7.1 Packing shall become the Customer’s property and will be invoiced by us. Postage and packing charges will be invoiced separately. The method of dispatch shall be selected at our equitable discretion. Insurance policies against damage in transit shall only be taken out at the Customer’s request and expense. 7.2 Directly prior to delivering our goods we shall announce the delivery day. We cannot furnish any guarantee for the time at which a consignment will be delivered. 7.3 Provided that no other written agreement is made, the terms of delivery shall be EXW (Incoterms 2010). This shall also apply for consignments for which delivery has been prepaid. If goods are damaged in transit, the Customer shall have to inform the haulier / freight forwarder straight away following receipt of the goods without culpable delay and notify us. Subsequent complaints and reports of transport damage are generally not accepted. The risk of accidental loss and accidental deterioration of the goods is transferred to the customer when the goods are handed over to the parcel service/ forwarding agent/carrier or the person or institution otherwise responsible for carrying out the shipment. 7.4 If the Customer is in default with taking delivery of the goods this shall nevertheless still constitute hand-over. 8. CONSIGNMENT STORE 8.1 In the event that we deliver the goods to be supplied to the Customer to a consignment store, we shall grant the Customer the right to withdraw the goods. The precondition for this is that the Customer provides a room meeting the requirements for storing the goods for the duration of the consignment in which the goods may be properly and professionally stored free of charge. The Customer shall undertake to mark the consignment goods supplied as such and as our property. 8.2 The consignment store stocks are to be insured by the Customer so that an adequate level of insurance cover is taken out for them against fire, water damage plus break-ins and theft. 8.3 After an appointment has been agreed in advance the Customer shall grant us access during his normal hours of business to the storage area in which the consignment goods are stored. Moreover, he shall undertake to carry out a stock-take at least once a year upon request and forward us the result in writing straight away. The Customer shall bear the costs of the stock-take. 8.4 The consignment goods shall remain our property. The Customer shall provide us with a list of goods withdrawn from the consignment store when making withdrawals on a date still to be stipulated (Consumption report). This consumption report shall serve as the basis for the invoice then to be raised by us, dated on the day that we receive the consumption report. 8.5 Provided that no regulation is agreed otherwise, each Party to the contract shall be entitled to terminate the consignment store agreement by observing a notice period of three calendar months to the end of a calendar quarter. 8.6 At the end of the term of the contract the Customer shall return the goods still in the consignment store to the supplier. The transport costs incurred when closing down the consignment store shall be borne by the Customer. 9. COPYRIGHTS We shall reserve the exclusive title and copyright to all diagrams, drawings, calculations, specimens or other documents handed over by us. This shall also apply for documents forwarded in electronic format. Such items may only be passed on to third parties with our prior express written consent. 10. NOTIFICATION OF DEFECTS / PERIOD OF LIMITATION 10.1 The Customer shall have to inspect goods supplied by us straight away following delivery as part of his normal course of business and notify us in writing straight away after delivery in writing of any defects identified. We expressly point out that any transport damage there may be must be notified to the freight forwarder concerned straight away after it has been identified when the goods have been received. Non-compliance with this requirement will result in any liability claims the Customer may have against our firm being inadmissible. We are to be allowed an opportunity to rectify the notified defects. Upon request, goods about which a complaint has been made are to be returned to us straight away. If the Customer fails to fulfil this obligation or modifies the goods about which he has already lodged a complaint without our consent, he shall forfeit any claims to which he may be entitled for quality defects. 10.2 If a notified defect is justified, we shall render a cure as we choose, either by supplying a replacement or by carrying out a repair or manufacturing a new thing. The Customer shall have to allow us a reasonable period of time for a cure provided that this is not dispensable for legal reasons. If we fail to effect a cure within a reasonable period of time or if it is unsuccessful, the Customer shall be entitled to demand a reduction in the remuneration to be paid to us or if our breach of duty is not simply minor, he shall be entitled to withdraw from the contract. If only parts of the delivery are defective, the Customer’s other rights shall only apply to the defective part of the delivery unless the defective part of the delivery is of no interest to him. For quality defects arising as a result of unsuitable or improper use, faulty assembly or start-up by the Customer or third party, normal wear and tear, incorrect or negligent handling, we shall not be responsible in the same way that we would not be responsible for the consequences of unprofessional modifications or modifications or repair work carried out by the Customer of third parties without our consent. The same shall apply for defects only reducing the value or fitness of the goods for use to a minor extent. 10.3 Increased expenditure resulting from the costs of transport, labour and materials incurred as a result of rendering a cure shall not be paid by us provided that the reason for them is that the goods supplied have been moved to a location other than the place of fulfilment, unless they have been moved for their intended use. 10.4 No further claims asserted by the Customer on account of defects will be recognised and can only qualify for compensation within the scope of liability in accordance with Number 11. The Customer shall not receive any guarantees from us. Any manufacturer product warranties shall not be affected by this. 10.5 The period of limitation for claims based on quality defects shall be twelve months, unless the law prescribes longer periods in accordance with Section 438 Para. 1 No 2 BGB (Delivery of things for construction purposes), Section 479 Para 1 BGB (Right of recourse when purchasing consumer goods) and Section 634 a Para 1 No 2 BGB (Construction defects). The statutory period of limitation shall also apply for cases of death, personal injury of physical harm, for an intentional breach of duty or breach of duty caused as a result of gross negligence and malicious non-disclosure of defects. 10.6 We only assume liability for defects of used goods, if this has been expressly agreed in writing with the commercial customer, unless there is fraudulent misrepresentation or the absence of a guaranteed property. This limitation of liability does not apply to damage resulting from injury to life, limb or health. 11. LIABILITY 11.1. If the item supplied cannot be used by the Customer in accordance with the contract as a result of a breach of contractual ancillary duties culpably caused by us, such as for example, failure to pass on, or passing on incorrect, advice, information, suggestions etc. either prior to or after the contract was signed, we shall, with the exclusion of further claims, consequently be liable only in accordance with the regulations in Number 10 and as follows: 11.2. We shall only be liable for damages not incurred on the item supplied itself – regardless of whatever reasons upon which such claims are based – in the event of intent, gross negligence on the part of the owner / executive bodies or senior staff of Dr. Schulze GmbH, or in the event of death, personal injury or physical harm, and for defects which we have maliciously concealed if we have promised a guarantee, as well as for defects on the item supplied provided that we can be held liable under the German Product Liability Act for personal injury of property damage to privately used items. 11.3. If there is a culpable breach of important contractual duties, i.e. contractual duties the fulfilment of which makes the proper execution of the contract possible at all in the first place, and upon compliance with which the Customer normally relies or may rely, we shall only be liable even in the event of gross negligence on the part of non-senior staff and in the event of ordinary negligence, limited in the latter case to those damages typical for the contract which we foresee or should have been able to foresee on the basis of the circumstances and facts to which we had access when we signed the contract. 11.4. No further claims of the Customer shall be recognised. 11.5. Our liability for indirect damages, consequential damages such as, for example, downtime, lost profit, production shortfall, shall not be recognised. 11.6. This limitation of liability shall however not apply in those cases in Number 2 above if there is a culpable breach of important contractual duties. The exclusion of liability and /or limitation of liability in accordance with the above regulations shall also apply for the personal liability of our employees and assistants. 12. RESERVATIONS OF TITLE 12.1 We shall reserve the title to the goods until all our accounts in a continual business relationship have been settled in full, regardless of the legal reason on which they materialised. In a current account arrangement the reservation of title shall apply as a security for our respective balance of account. This shall also apply if payments made by the Customer are paid towards specific accounts. The Customer shall be obliged to handle the goods with care. Provided that maintenance and inspection work is necessary, the Customer shall have to carry this out on a regular basis at his own expense. CORE DRILLING PRESTRESSED CONCRETE DRS-FLOOR WIRE SAWS WALL SAWS TABLE SAWS JOINT CUTTERS DRY CUTTING REFRACTORIES INFORMATION 111
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