BURG-WÄCHTER Export Catalogue 2022/23 § 1 Applicability and services terms and conditions (hereinafter supplies of - tractual partner (hereinafter re- - tracts with companies in the sense legal entities under public law or special public assets ordering goods from us. In the absence of any express agreement to the con- trary, we therefore assume that transactions concluded with us are for the respective business activity of the customer and not for pri- vate use. Conditions apply exclusively; any purchaser’s opposing conditions or terms differing from our Terms and Conditions shall be rejected if not explicitly approved in writing. payment also apply in case we perform a delivery without reser- vation to the purchaser while be- ing aware of opposing or differing terms of the purchaser. and payment also apply for any future business transactions with the purchaser. possible deliveries to prices, quantities, delivery dates and are non-binding. We shall be bound to our quoted prices for a period - tion if not otherwise agreed in writing. We reserve the right to implement changes in dimensions and colours, as well as technical in weight and dimensions are due to the production process. ownership and intellectual proper- ty rights to any graphical rep- resentation and images, concepts, calculations and other materials. The indicated materials may not be made available to a third party without our explicit written con- sent. The use of image data re- quires a separate agreement. § 3 Terms of pricing and payment writing, the billing shall be made in free to the door, for more informa- - tions". Different terms for deliver- ies for islands to be requested. - chase of original packaging units. When a smaller quantity is ordered, we are entitled to bill a surcharge net prices, unless expressly stated otherwise, they are to be under- stood excluding VAT in the applica- ble amount as at the invoice date. from the invoice date net with no - tlement to any discount becomes void in case older invoices are over- due. These provisions do not apply to invoices for repairs and installa- tion, as well as to any billing for equipment, which are always due immediately and with no discount. In case any payment or its part is overdue, the purchaser is consid- ered in delay even without any dunning or reminder notice. We are entitled to charge interests on late payments in the amount of the current bank rates for overdraft credits. perform an offset only if its counter claims have been legally recognised and they are uncontested or if they - thermore, the purchaser is entitled to exercise a right of retention only insofar as its counter claim is based on the same contractual relation- ship as the payment claim. § 4 Delivery and delivery time - ery time as agreed is conditional upon the clarification of all techni- cal aspects. Any goods purchased based on a release order shall be released - ferent explicit arrangement is agreed. When such a period ex- pires, we are entitled to deliver the goods disregarding any restriction, without having to wait for a release order. The adherence to the agreed de- livery time or to the rightfully deter- mined delivery scheduling is condi- tional upon us being delivered any primary materials or purchased parts from our subcontractors in due time as ordered and as neces- sary for the accomplishment of the purchaser’s order (with the reserva- are not able to adhere to the deliv- ery times as agreed or as rightfully determined as a result of a late de- livery by our subcontractor, we shall not be considered in delay, provided the primary materials had been ordered in due time and we have undertaken reasonable ef- forts to ensure a delivery of primary materials in as due. by the purchaser based on a de- layed delivery and any indemnity claims as a replacement of delivery exceeding the limits as set out in delayed delivery, also after the ex- piry of any period for delivery im- posed on us. This does not apply to the extent of legally imposed re- sponsibility in case of intent or gross negligence or of injury to life, body or health; this constitutes no alteration of the burden of proof to the detriment of the purchaser. The purchaser is entitled to re- scind the contract within the framework of applicable legal pro- visions, insofar as the delay in deliv- ery is imputable to us. with acceptance or if the purchaser infringes on any other duty to co- operate, we are entitled to claim the damage incurred, including any additional expenditures. In such case, also the risk of accidental de- terioration or of accidental degra- dation of the goods is transferred to the purchaser at the moment the purchaser is in delay with ac- ceptance. made, we are entitled to partial de- liveries. The purchaser is not enti- tled to refuse partial deliveries, un- less they are impracticable for the purchaser because of the nature of the purchaser’s contractual obliga- tions or because of the properties of the goods or their intended use. § 5 Risk transfer The shipment is always made at the purchaser’s account and risk. This also applies when the goods is shipped to another address as re- purpose of shipment, we always choose the way appearing to be most advantageous. Immediately after the delivery, the purchaser shall check the goods with regard to their com- pleteness and any identifiable dam- age and notify us about any loss or damage found within 5 days from the receipt of the shipment. § 6 Terms of warranty purchaser are conditional upon the purchaser’s compliance with its obligations regarding inspec- tion and notification according to mutatis mutandis when we only provide a pure service to the pur- chaser. item is defective, we are always first entitled to be granted the op- portunity to provide supplementa- ry performance according to § below, any other claim by the pur- chaser irrespective of its legal basis is excluded. We shall therefore not be held liable for damage not oc- curring to the delivered item itself; in particular we shall not be held liable for any lost profit or any oth- er financial loss of the purchaser. The aforementioned exclusion of liability shall not apply insofar as the cause of damage is based on intent or gross negligence, as well as in case of injury to life, body or health. It shall also not apply insofar as we have assumed a guarantee for the properties of the particular item or for its dura- bility. The aforementioned exclu- sion of liability shall also not apply to such damage, which was caused by culpable violation of material contractual obligations (these are obligations, the fulfil- ment of which is a prerequisite for enabling proper performance of the contract, and the observance of which can be, as a rule, replied in such case, provided no intent or gross negligence exist and we have assumed no guarantee, our liability shall be limited to foresee- able damage typical for the par- ticular type of contract. - fective or lacking any properties as promised, or if it becomes de- fective during the warranty peri- od, we reserve the right of supple- mentary performance. At our discretion and with the exclusion of any additional warranty rights, we will provide either for remedy 340 General terms and conditions