Baumuller BUG 622, Manual

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Appendix
Basic Supply Unit BUG 622, 623
55
Baumüller Nürnberg GmbH
5.94034.07a
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 validity of the
remaining conditions shall remain unaffected by this. The
parties shall complement/replace the ineffective or
incomplete condition with an appropriate 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 18 and
19 shall also apply:
17. Acceptance
a) The inspection of the delivery items ready for acceptance
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 considered 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. Immaterial 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 technical 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/installation, the
delivery items required for the commencement 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 purchaser 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 connected
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.