Eneo VKC-1330IR12-24 Spécifications télécharger pdf (Page 120)

VIDEOR TECHNICAL E. Hartig GmbH • Carl-Zeiss-Str. 8 • 63322 Rödermark/Germany • Tel. +49 6074/888 - 0 • Fax +49 6074/888 - 100 • eMail info@videortechnical.com • www.videortechnical.com

6.4 The party ordering may only sell the reserved goods in the ordinary course of business.

He/she herewith transfers to VTEH all claims against third parties arising from the further

sale or other legal transactions which may affect the reserved goods in future, along with

all ancillary rights and security interest in their total. VTEH accepts the transfer.

If the reserved goods are sold after being connected to, mixed with or processed with other

goods not belonging to VTEH, transfer will only be to the extent of VTEH’s co-ownership

share in the item or stock sold. If the party ordering has a current account relationship

with his/her buyer, the transfer will relate to the balance claim at the end of an accounting

period.

If the reserved goods are used by the party or

dering for the fulllment of a contract for

work and services or plant delivery contract, the claim arising from such a contract will be

transferred in advance to VTEH to the same extent that it has been determined above for

claims from further sale.

The party ordering is entitled to collect the claims transferred to VTEH in the ordinary

course of business to the extent that he/she fulls his/her contractual obligations towards

VTEH. The party ordering is not entitled to transfer or sell the claim unless he or she recei-

ves the nal and complete equivalent sum of the claim.

6.5 If the value of the securities that exist for VTEH exceeds not only temporarily the claims of

VTEH by a total of more than 20%, VTEH will on demand release securities of their choice

of corresponding value.

6.6 The party ordering is obliged to maintain reserved goods in an orderly condition for the

duration of the retention of title. Any damage to the reserved goods caused or detected by

the party ordering which occurred after the risk was transferred to him/her must be reported

to VTEH in writing without delay.

Any repairs required during the retention of title must be coordinated with VTEH and made

immediately at their request.

6.7 If the party ordering is in default of payment or he/she has not fullled his/her obligations in

regard to the reserved goods in accordance with Section 6 of these terms and conditions,

and if VTEH has withdrawn from the contract because of this violation, VTEH can demand

the return of the reserved goods with the exclusion of all rights of retention. The right of

VTEH to withdraw under the conditions dened in Art. 323, BGB and demand the return

of the reserved goods extends to all purchased items still covered by retention of title by

VTEH at the time of withdrawal.

The costs of returning and re-utilizing the reserved goods will be carried by the party

ordering. The return and re-utilization costs are set individually without proof at 10 % of

the re-utilization proceeds plus any VAT that may be due. The right is reserved to provide

evidence of higher or lower return and re-utilization costs. The re-utilization proceeds

and any down payments made on the purchase price will be offset against the claims of

VTEH after deduction of all costs and other claims by VTEH connected with the purchase

contract. The party ordering will be credited with any surpluses.

7. Liability for Material Defects

7.1 Contrary to the law, the limitation period for claims by the party ordering for material defects

on newly manufactured movable items purchased from VTEH by the party ordering is

one year from the start of the legal limitation period. This shortened limitation period will

not apply in instances where human life is lost, physical injury occurs, health is damaged

or where VTEH deliberately or negligently fails to comply with its duties or fraudulently

conceals a defect.

7.2 If the party ordering asserts a claim for subsequent fulllment on newly manufactured

movable items due to a material defect, VTEH has the option of either repairing the defect

or replacing the defective item with a non-defective item.

7.3 The party ordering is not entitled to claim for expenses required for the purpose of

subsequent fulllment – in particular, transport, road, labour and material costs – if the

costs increase because the delivered object was moved subsequently to a place other

than the party ordering’s place of business, unless the removal complies with its intended

purpose.

7.4 The sale of used removable items by VTEH to the party ordering is not subject to material

defect liability of any kind. Any liability claims the party ordering may be asserting against

VTEH in instances where human life has been lost, physical injury has occurred or health

has been damaged or where VTEH has deliberately or negligently failed to comply with its

duties or fraudulently concealed a defect are not affected by this.

7.5 The party ordering is obliged to report any material defects to VTEH in writing without

delay.

8. IX Industrial Property Rights and Copyright; Defects of Title

8.1 Unless agreed otherwise, VTEH is only obliged to make delivery in the country in which the

place of delivery is located free from any industrial property rights and copyright (hereinafter

referred to as property rights) of any third parties. If a third party asserts any justied claims

against the party ordering for infringement of property rights caused by any deliveries made

by VTEH and used in accordance with the terms of contract, VTEH is liable to the party

ordering as follows within the deadline set in Item 7.1:

8.1.1 At its own expense for the deliveries in question and as desired, VTEH will either obtain a

right of use and amend it in such a way that the property rights are not infringed, or replace

it. If it is not possible for VTEH to do so under appropriate conditions, the party ordering is

entitled to make use of his/her legal rights of rescission or reduction.

8.1.2 Damage claims against VTEH for defects of title of this kind can only be asserted as

outlined in Section 9.

8.1.3 The above-mentioned obligations of VTEH only exist if the party ordering noties VTEH

in writing and without delay of the claims being asserted by a third party and does not

acknowledge an infringement, and if VTEH reserves the right to all defensive measures

and compromise negotiations. If the party ordering discontinues utilization of the delivery to

minimize damage or for other important reasons, he/she is obliged to inform the third party

that discontinuation of utilization does not constitute acknowledgement of a property right

infringement.

8.2 The party ordering is not entitled to make any claims if he/she is responsible for the property

right infringement.

8.3 Claims by the party ordering are also not permitted if the property right infringement was

caused by particular specications given by the party ordering, an application that was not

foreseeable by VTEH or by the fact that the delivery was altered by the party ordering or

utilized together with other products not supplied by VTEH.

8.4 The provisions of Section 7 apply to all other defects of title.

8.5 Further reaching claims by the party ordering against VTEH and its vicarious agents or

claims other than those outlined in this section for defects of title are precluded. Used

movable items are sold by VTEH to the party ordering under exclusion of all defect of title

liability.

9. Liability

9.1 In the event of intent or gross negligence, VTEH, its legal representatives or its vicarious

agents will be held liable for all damage to the party ordering caused by VTEH irrespective

of the legal ground but in particular due to infringement of duties from the obligation and

unlawful acts and for reimbursement of expenses in accordance with Art. 284 BGB.

In the event of the grossly negligent infringement of non-essential contractual obligations

by simple vicarious agents, VTEH may only be held liable for typical damage that was

foreseeable at the time the contract was signed.

In the event of slight negligence, VTEH, its legal representatives or vicarious agents will

only be held liable if the damage was caused by an infringement of essential contractual

obligations and only for typical damage that was foreseeable at the time the contract was

signed. VTEH may not be held liable in all other instances of slight negligence.

9.2 VTEH is liable without restriction in all instances where VTEH is responsible for the loss of

human life, causing physical injury or damaging health.

9.3 The personal liability of the legal represent

atives, vicarious agents and company employees

of VTEH for damage caused by them through slight negligence is excluded.

9.4. In the event of fraudulent concealment of a defect, the acceptance of a warranty or

procurement risk or in accordance with the product liability law, the liability of VTEH will

remain unaffected irrespective of any fault.

9.5 All damage claims by the party ordering, irrespective of the legal ground but in particular

those due to unlawful acts and possible claims for reimbursement of expenses in

accordance with Art. 284, BGB, fall under the statute of limitations with the expiry of the

limitation deadline applicable to material damage claims in accordance with Section 7. The

legal limitation regulations will apply in instances where life has been lost, physical damage

has occurred or health has been impaired, in the event of intent or gross negligence and

with damage claims in accordance with the product liability law.

9.6 The party ordering is obliged to record in writing and without delay any damage claims for

which VTEH is to be held responsible or have them recorded by a VTEH representative.

10. Place of Fulllment, Point of Delivery, Place of Jurisdiction,

Assignment and Return of Packaging

10.1 The place of fulllment is Rödermark.

10.2 The law of the Federal Republic of Germany applies. The application of UN commercial

law (United Nations Convention on Contracts for the International Sale of Goods [CISG]) is

excluded.

10.3 It is agreed that Frankfurt am Main shall be the exclusive place of jurisdiction for all disputes

arising from the business relationship, including those arising from bill of exchange or

cheque issues.

10.4 The assignment of claims against VTEH requires the advance written consent of VTEH.

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