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6.5.
Disclaimer of Warranty
In addition to the provisions of Article XII of the Standard Terms & Conditions of XIMEA GmbH (see
) the following apply:
Although XIMEA has taken care to ensure the accuracy of the information contained herein it accepts no responsibility for the
consequences of any use thereof and also reserves the right to change the specification of goods without notice.
XIMEA does not assume any liability for damage that is the result of improper use of its products or failure to comply with the
operating manuals or the applicable rules and regulations.
6.6.
List Of Trademarks
XIMEA, xiC xiQ, xiMU, xiB, xiB-64, xiX, xSWITCH, xPLATFORM, xEC, xEC-II, xiCool, xiRAY, xiCe and CURRERA are trademarks or
registered trademarks of XIMEA GmbH in Germany, Slovakia, USA and other countries.
Microsoft, Windows, Windows 10, Windows 8, Windows 7, Windows Vista, and Windows XP are either registered trademarks or
trademarks of Microsoft Corporation in the United States and/or other countries. Apple, the Apple logo, Macintosh, MacOS, OS X,
Bonjour, the Bonjour logo and the Bonjour symbol are trademarks of Apple Computer, Inc. Linux is a trademark of Linus Torvalds.
The USB3 Vision is trademark owned by the AIA.
All other brands, service provision brands and logos referred to are brands, service provision brands and logos belonging to their
respective owners.
6.7.
Standard Terms & Conditions of XIMEA GmbH
General Conditions for the Supply of Products and Services of the Electrical and Electronics Industry ("Grüne Lieferbedingungen"
– GL)* for commercial transactions between businesses recommended by ZVEI-Zentralverband Elektrotechnik- und
Elektronikindustrie e. V. as of June 2011
Article I: General Provisions
1. Legal relations between Supplier and Purchaser in connection with supplies and/or services of the Supplier (hereinafter
referred to as "Supplies") shall be solely governed by the present GL. The Purchaser's general terms and conditions shall apply
only if expressly accepted by the Supplier in writing. The scope of delivery shall be determined by the congruent mutual written
declarations.
2. The Supplier herewith reserves any industrial property rights and/or copyrights pertaining to its cost estimates, drawings and
other documents (hereinafter referred to as "Documents"). The Documents shall not be made accessible to third parties without
the Supplier's prior consent and shall, upon request, be returned without undue delay to the Supplier if the contract is not
awarded to the Supplier. Sentences 1 and 2 shall apply mutatis mutandis to the Purchaser's Documents; these may, however, be
made accessible to those third parties to whom the Supplier has rightfully subcontracted Supplies.
3. The Purchaser has the non-exclusive right to use standard software and firmware, provided that it remains unchanged, is used
within the agreed performance parameters, and on the agreed equipment. Without express agreement the Purchaser may make
one back-up copy of standard software.
4. Partial deliveries are allowed, unless they are unreasonable to accept for the Purchaser.
5. The term „claim for damages" used in the present GL also includes claims for indemnification for useless expenditure.
Article II: Prices, Terms of Payment, and Set-Off
1. Prices are ex works and excluding packaging; value added tax shall be added at the then applicable rate.
2. If the Supplier is also responsible for assembly or erection and unless otherwise agreed, the Purchaser shall pay the agreed
remuneration and any incidental costs required, e. g. for traveling and transport as well as allowances.
3. Payments shall be made free Supplier's paying office.
4. The Purchaser may set off only those claims which are undisputed or non- appealable.
