certific at e - NOC international
certific at e - NOC international
certific at e - NOC international
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Standard Terms and Conditions of Export<br />
8.4. Our liability and the Buyer’s exclusive remedy for breach of warranty or otherwise shall be limited to the repair or replacement of the defective<br />
goods or parts thereof or issuance of credit in the Buyer’s favour in the amount of the applicable purchase price for such items, as we in our<br />
sole discretion determine. The Buyer shall, <strong>at</strong> our request, return to us the defective goods or parts thereof, with the charges prepaid. If there<br />
is a breach of this warranty, and we decide to repair or replace de defective goods, we will bear the costs of repair or replacement and any of<br />
the costs of shipment including the costs of assembly and disassembly, provided th<strong>at</strong> such costs remain within a reasonable proportion to the<br />
value of the defective goods.<br />
8.5. There are no other warranties (including warranty of merchantability and fitness for a particular purpose), expressed or implied, beyond our<br />
warranty of replacement or repair, be it claimed compens<strong>at</strong>ion for damages, tort, impossibility or delay, failure or non-performance of making<br />
good, and warranty remains limited to section 9 of these Terms and Conditions.<br />
8.6. Where the goods delivered cannot be used by the Buyer due to our breach of any oblig<strong>at</strong>ions for service and maintenance, our liability is limited<br />
by the provisions set forth in Subsection 8.4 and Section 9. of these Terms and Conditions. We will be liable for our consulting services only if<br />
there has been a separ<strong>at</strong>e written agreement on compens<strong>at</strong>ion for such services.<br />
8.7. All the claims based on this warranty and the claims rel<strong>at</strong>ed thereto must be raised within 24 months from the d<strong>at</strong>e of install<strong>at</strong>ion or Transfer<br />
of Risk.<br />
9. Liability for Compens<strong>at</strong>ion<br />
To the extent th<strong>at</strong> we are liable for damages, this liability shall be limited to owner’s intent, gross negligence and negligent infringement of<br />
m<strong>at</strong>erial contractual duties. The same applies to industrial property right infringement.<br />
Should we negligently infringe m<strong>at</strong>erial contractual duties, we shall only be liable for damage which is typical of the contract and reasonably<br />
foreseeable, except in cases of owner’s intent and gross negligence.<br />
This limit<strong>at</strong>ion of liability does also not apply as far as we are liable for faulty products according to legal product liability for personal injury and<br />
damages to property for personal use and in the case of a lack of a quality expressly warranted by us if this warranty has the special purpose to<br />
secure the Buyer against damages not arisen out of the delivered goods.<br />
10. Drawings/Other Documents<br />
We retain all the industrial property rights, including copyright to our cost estim<strong>at</strong>es, drawings and other documents th<strong>at</strong> may be transferred to<br />
the Buyer. These documents shall not be used for any purpose other than those stipul<strong>at</strong>ed nor shall they in any case be made available to third<br />
parties.<br />
11. Jurisdiction/Applicable Law<br />
11.1. Place of performance for all the shipments and services is Leipzig.<br />
11.2. The court of Leipzig, Germany, shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms and Conditions,<br />
provided th<strong>at</strong> we shall be entitled to bring suit against Buyer before any court having jurisdiction over the Buyer. The Terms and Conditions shall<br />
be governed by the substantive law of Germany, and without reference to the 1980 United N<strong>at</strong>ions Convention on Contracts for the Intern<strong>at</strong>ional<br />
Sale of Goods or any other uniform code on intern<strong>at</strong>ional sale, if otherwise applicable.<br />
12. Privacy Policy<br />
The Buyer agrees th<strong>at</strong> personal d<strong>at</strong>a rel<strong>at</strong>ed to business transactions concerning the Buyer will be stored, handled, and, as far as necessary,<br />
transferred to third parties (e.g. suppliers) in accordance with applicable legal requirements.<br />
Kugel- und Rollenlagerwerk Leipzig GmbH