Operating instructions

Appendix
54 Feed/Feed-Back Units BUC 624, 625
5.96024.06a Baumüller Nürnberg GmbH
c)In the event of an established material defect or per-
formance defect, Baumüller can eliminate the defect
or supply a replacement. The purchaser can demand
rescission or a reduction after the expiry of an appro
-
priately set period of grace. Further claims on the
behalf of the purchaser, in particular to the reim
-
bursement of dismantling costs or installation costs
are excluded. The same applies to damages which
do not affect the delivery item itself.
d) Natural wear and tear and damage which arises after
the transferral of risk, in particular also due to incor
-
rect or negligent handling, excessive demands or
other unsuitable use not in conformity with the con
-
tract are excluded from the warranty. The same
applies in particular for defects which are attributable
to atmospheric discharges, overvoltages and chemi
-
cal influences.
e) If no case of warranty is in existence or in the event
that this subsequently turns out to be the case, the
purchaser shall remunerate the utilisation or the use
of an item or of a right, as well as services provided
and expenses to an appropriate amount. Baumüller
is entitled to a right of control as referred to in §§ 315
ff. BGB [German Civil Code].
9. Liability
Contractual or legal claims on the behalf of the pur-
chaser against Baumüller are limited to intent and
gross negligence. This does not apply in as far as
claims from the ProdHaftG [Product Liability Act]
have been enforced. Baumüller shall only be held lia
-
ble to the amount of the damage foreseeable in
accordance with the purpose of the contract. Mate
-
rial damage which exceeds the value of a delivery/
service is not foreseeable in this sense. The liability
is limited in terms of amount to the remuneration
contractually owed.
10. Payments
a) Invoices are payable at the time agreed in the con-
tract, at the latest within 30 days after the invoice
date, in cash and without deductions. The purchaser
can only offset with claims which are final and abso
-
lute or undisputed. The same applies to the exercis-
ing of rights of retention.
b) In the event of a delay in payment on the behalf of
the purchaser, interest to the rate of 4 % above the
respective minimum lending rate of the German Fed
-
eral Bank, however at least 10 % has to be paid,
without separate proof being required.
c) Failure to comply with the terms of payment or cir-
cumstances which endanger the credit worthiness of
the purchaser result in all claims immediately becom
-
ing due. In these cases, deliveries shall only be
made against payment in advance.
d) Cash payments, bank transfers or cheque and bill
payments shall not be considered as payment/fulfil
-
ment of the obligation before the amount due for pay-
ment has been irrevocably received by Baumüller or
credited to Baumüller's account.
e) Payments have to be made directly to Baumüller.
The field staff are not entitled to accept payments or
to issue extensions or waivers without separate writ
-
ten authority.
11. Reservation of Ownership
a) The ownership of delivery items remains reserved up
to the fulfilment of all existing claims against the
purchaser from the business relation. Any bundling
with other items shall be effected by the purchaser
for Baumüller. Then, the entire product shall be con
-
sidered as reserved goods.
b) The purchaser is entitled to sell the reserved goods
in orderly business transactions. All claims to which
the purchaser is entitled from this sale or other legal
grounds shall be assigned by him/her in advance to
Baumüller. Baumüller shall accept the assignment.
In the event that the reserved goods are bundled or
sold with other items standing in the possession of
third parties, then the assignment shall only apply to
the amount of the invoice value of the reserved
goods. The purchaser is authorised to collect these
assigned claims. Upon request, he/she has to make
notice of the assignment to the debtor.
c) The purchaser shall inform Baumüller without delay
of impending and enforced access on the behalf of
third parties to the reserved goods or to the assigned
claims. The purchaser shall bear the costs incurred
by this.
d) The authorisation on the behalf of the purchaser to
dispose of the reserved goods and to collect
assigned claims expires in the event that the terms of
payment are not complied with, in particular, also in
the case of bill and cheque protests. In this case,
Baumüller is entitled to take possession of the
reserved goods. The purchaser bears the costs
incurred by this. The taking back of goods shall only
represent a withdrawal from the contract when this is
expressly stated.
e) In the event that the value of the securities granted
exceeds the secured claims in terms of amount by
more than 20 %, then Baumüller shall renounce the
securities exceeding this value.
12. Drawings and Documentation
Baumüller is entitled to the exclusive property right
and copyright to cost estimates, drawings and all
other documentation. These documents may not be
made accessible to third parties without prior written
consent. In the event that a contract is not con
-
cluded, not implemented or otherwise ended, then all
documents have to be returned immediately and
unsolicited. There shall be no right to retention to
these documents.
13. Copyright (in particular Software / Licence)
a) Baumüller is exclusively entitled to all rights to the
software/edited versions, in particular property rights
and copyrights to the relinquished software, in partic
-
ular for the controlling of machines, systems and
installations.
b) Baumüller grants the purchaser/buyer the non-exclu-
sive, non-transferable right to use the relinquished
software in the framework of the contractual purpose
at the contractually intended location/on the places
in existence at the time of purchase (single licence).
The software shall only be used on the associated
purchased contractual item. Any use extending
beyond this is prohibited. In the event of a use
extending beyond this, Baumüller shall have the
rights referred to in Items 14 c), 14 d).
c) It is prohibited to make copies of the relinquished
software, whether in whole or in part, in as far as the
making of copies of the machine-readable material in
the framework of the required data backup or as cop
-
ies for internal company use has not separately been