Operating instructions

ManualsBrandsDirected Electronics ManualsAutomotive625

Appendix

Feed/Feed-Back Units BUC 624, 625 55

Baumüller Nürnberg GmbH 5.96024.06a

agreed upon with prior written consent from

Baumüller. Processing of the relinquished software,

in particular by means of alteration, translation or by

bundling with other programs shall only be permitted

after prior written consent from Baumüller. Protection

notices from Baumüller on/in the software may not

be removed and also have to be adopted onto cop

ies and edited versions. Copies produced contrary to

this condition shall come under the possession and

use of such copies and elect to demand the immedi

ate surrender or complete destruction with proof of

this destruction.

d) The buyer is not permitted to extend the licence in

terms of location/work places/machines/machine

types or to grant rights of utilisation or grant sub-

licences. The extension of the licence shall be per

mitted by Baumüller exclusively against a separate

remuneration which has to be agreed upon in writing.

14. Applicable Law

The law of the Federal Republic of Germany is

authoritative for all rights and obligations from and in

connection with this contract. The regulations of the

UN Sales Convention (CISG) are excluded.

15. Place of Performance and Place of Jurisdiction

The place of performance for delivery and payment is

the seat of Baumüller. The place of jurisdiction for all

disputes from and in connection with this contract, in

particular also for cheque and bill liabilities is the seat

of Baumüller.

16. Miscellaneous

In the event that individual or several conditions of

these Conditions of Sale and Delivery should be or

become ineffective in part or in whole, then the valid

ity of the remaining conditions shall remain unaf-

fected by this. The parties shall complement/replace

the ineffective or incomplete condition with an appro

priate regulation which most extensively corresponds

to the economic purpose of the contractually desired

regulation. The same applies for the case of the

presence of a gap in the regulations.

For the case that acceptance and installation are

also agreed upon, then the following conditions,

Items 17 and 18 shall also apply:

17. Acceptance

a) The inspection of the delivery items ready for accept-

ance shall take place in the Baumüller works. The

purchaser shall bear the costs of this inspection. In

the event that the purchaser fails to perform the

inspection, then the delivery items shall be consid

ered as having been delivered in conformity with the

contract when they leave the works.

b) The purchaser is obliged to take delivery of goods

and services from Baumüller without delay. Immate

rial defects do not entitle the purchaser to refuse the

acceptance.

c) In the event that the purchaser does not declare

within 7 days after notification of the readiness for

acceptance on the behalf of Baumüller or after

receipt of the contractual service in writing and with

exact, examinable specification of reasons that he/

she refuses the acceptance, then the acceptance

shall be considered as having been declared and the

orderly performance of the contract as having been

ascertained.

d) The agreed service shall be considered as having

been accepted when the item delivered has been put

into operation by the purchaser himself/herself or

upon his/her instructions by third parties beyond the

functional test required to carry out the acceptance.

This also applies in the event that the purchaser

refuses the functional test/the acceptance without

sufficient cause.

e) Experts to be designated by both parties shall take

part in the acceptance inspection. The result of the

functional test shall be entered in a record to be

signed by the purchaser in consideration of the tech

nical specifications.

18. Erection and Installation

Erection and installation shall only be effected in the

case of express agreement at the following further

conditions:

a) The purchaser makes required workers and material

available at his/her own expense.

b) Before the commencement of installation works the

purchaser shall make available unsolicited all

required specifications, in particular concerning the

location of power lines which have been laid such

that they are hidden and similar installations, as well

as the required static specifications.

c) Before the commencement of the erection/installa-

tion, the delivery items required for the commence-

ment of works have to be on site and all preliminary

works progressed to the extent that the erection/

installation can immediately begin and be completely

carried out without interruption.

d) In the event that the erection, installation or putting

into operation is delayed due to circumstances for

which Baumüller is not responsible, then the pur

chaser shall bear the costs for idle time and journeys

required on the behalf of the installation personnel.

e) The installation personnel working time has to be

certified weekly by the purchaser. The purchaser

shall present to the installation personnel a written

certification regarding the ending of the erection/

installation without delay.

f) Baumüller shall not be held liable for the installation

personnel works, in as far as the works are not con

nected to the delivery and the erection or installation.

g) Trial runs on systems not supplied by Baumüller shall

not be carried out by the installation personnel.