Baumuller BUM 62, Руководство по эксплуатации

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Appendix
70
Mono Power Unit BUM 62, 63, 64
5.94005.12
Baumüller Nürnberg GmbH
the warranty. The same applies in particular for defects
which are attributable to atmospheric discharges, over-
voltages 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 con-
trol 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 negli-
gence. 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 lia-
bility is limited in terms of amount to the remuneration con-
tractually 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 pur-
chaser, interest to the rate of 4 % above the respective
minimum lending rate of the German Federal Bank, how-
ever at least 10 % has to be paid, without separate proof
being required.
c) Failure to comply with the terms of payment or circum-
stances which endanger the credit worthiness of the pur-
chaser result in all claims immediately becoming due. In
these cases, deliveries shall only be made against pay-
ment in advance.
d) Cash payments, bank transfers or cheque and bill pay-
ments 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 exten-
sions 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 pur-
chaser 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 par-
ties to the reserved goods or to the assigned claims. The
purchaser shall bear the costs incurred by this.
d) The authorisation on the behalf of the purchaser to dis-
pose 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 docu-
mentation. 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 other-
wise 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 soft-
ware/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 contractu-
ally 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 13 c), 13 d).
c) It is prohibited to make copies of the relinquished soft-
ware, whether in whole or in part, in as far as the making
of copies of the machine-readable material in the frame-
work 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 con-
dition 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 utilisation 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 authorita-
tive for all rights and obligations from and in connection
with this contract. The regulations of the UN Sales Con-
vention (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 dispu-