Baumuller BUM 62 T, User Manual

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Appendix
70
Mono Power Unit BUM 62 T
5.99009.03
Baumüller Nürnberg GmbH
negligent handling, excessive demands or other unsuitable
use not in conformity with the contract are excluded from
the warranty. The same applies in particular for defects
which are attributable to atmospheric discharges,
overvoltages and chemical 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 utilization 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 purchaser
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 liable to the amount of the
damage foreseeable in accordance with the purpose of
the contract. Material 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 contract, 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 absolute or undisputed. The
same applies to the exercising 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 Federal Bank,
however at least 10 % has to be paid without separate
proof being required.
c) Failure to comply with the terms of payment or
circumstances which endanger the credit worthiness of
the purchaser result in all claims immediately becoming
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/fulfilment of
the obligation before the amount due for payment 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 written 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 considered 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 authorization 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 concluded, 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 particular for
the controlling of machines, systems and installations.
b) Baumüller grants the purchaser/buyer the non-exclusive,
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 copies for
internal company use has not separately been 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 copies and edited versions.
Copies produced contrary to this condition shall come
under the possession and copyright of Baumüller.
Baumüller can prohibit the use of such copies and elect to
demand the immediate 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 utilization or grant sub-licences. The extension of
the licence shall be permitted 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.