The risk is transferred to the Customer as soon as the consignment is handed over to the shipper or has left the Seller’s warehouse for shipment. If shipment is rendered impossible for reasons beyond the Seller's control, the risk will pass to the Customer upon notification that the goods are ready to dispatch.
If the Customer demands that the warranty work be performed at a location designated by it, then the Seller can meet this demand, whereby the parts under warranty are not charged, whereas working hours and travel expenses are to be paid to the Seller at the Seller’s standard rates.
The Seller reserves the right to make construction modifications at any time; it shall, however, not be obliged to make such changes in products which have already been delivered.
by providing the Customer with a modified delivery item or parts thereof which, in the event of exchange for the infringing article or its part, eliminates the accusation of infringement with respect to the article.
Unless otherwise expressly agreed in writing, the information submitted to us in connection with orders shall not be considered to be confidential.
Those claims for damages which result from the positive breach of an obligation, from culpa in contrahendo or from unlawful acts shall be excluded not only against the Seller but also against its vicarious agents, provided that the damage has not been caused intentionally or by gross negligence. This also applies to damage claims for non-performance, but only insofar as compensation for indirect or consequential damages is required, unless the liability is based on assurance to protect the Customer against such damage. All liability shall be limited to losses that were foreseeable at the time the agreement was concluded. In any case, the Seller's liability as set out in the German Product Liability Act (Produkthaftungsgesetz) and other claims on grounds of manufacturer’s liability remain unaffected.