xiQ - Technical Manual Version 1.35
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Article V: Passing of Risk
1. Even where delivery has been agreed freight free, the risk shall pass to the Purchaser as follows:
(a) if the delivery does not include assembly or erection, at the time when it is shipped or picked up by the carrier. Upon the
Purchaser's request, the Supplier shall insure the delivery against the usual risks of transport at the Purchaser's expense;
(b) if the delivery includes assembly or erection, at the day of taking over in the Purchaser's own works or, if so agreed, after a
successful trial run.
2. The risk shall pass to the Purchaser if dispatch, delivery, the start or performance of assembly or erection, the taking over in
the Purchaser's own works, or the trial run is delayed for reasons for which the Purchaser is responsible or if the Purchaser has
otherwise failed to accept the Supplies.
Article VI: Assembly and Erection
Unless otherwise agreed in written form, assembly and erection shall be subject to the following provisions:
1. Purchaser shall provide at its own expense and in due time:
(a) all earth and construction work and other ancillary work outside the Supplier's scope, including the necessary skilled and
unskilled labor, construction materials and tools;
(b) the equipment and materials necessary for assembly and commissioning such as scaffolds, lifting equipment and other
devices as well as fuels and lubricants;
(c) energy and water at the point of use including connections, heating and lighting;
(d) suitable dry and lockable rooms of sufficient size adjacent to the site for the storage of machine parts, apparatus, materials,
tools, etc. and adequate working and recreation rooms for the erection personnel, including sanitary facilities as are appropriate
in the specific circumstances; furthermore, the Purchaser shall take all measures it would take for the protection of its own
possessions to protect the possessions of the Supplier and of the erection personnel at the site;
(e) protective clothing and protective devices needed due to particular conditions prevailing on the specific site.
2. Before the erection work starts, the Purchaser shall unsolicitedly make available any information required concerning the
location of concealed electric power, gas and water lines or of similar installations as well as the necessary structural data.
3. Prior to assembly or erection, the materials and equipment necessary for the work to start must be available on the site of
assembly or erection and any preparatory work must have advanced to such a degree that assembly or erection can be started as
agreed and carried out without interruption. Access roads and the site of assembly or erection must be level and clear.
4. If assembly, erection or commissioning is delayed due to circumstances for which the Supplier is not responsible, the
Purchaser shall bear the reasonable costs incurred for idle times and any additional traveling expenditure of the Supplier or the
erection personnel.
5. The Purchaser shall attest to the hours worked by the erection personnel towards the Supplier at weekly intervals and the
Purchaser shall immediately confirm in written form if assembly, erection or commissioning has been completed.
6. If, after completion, the Supplier demands acceptance of the Supplies, the Purchaser shall comply therewith within a period of
two weeks. The same consequences as upon acceptance arise if and when the Purchaser lets the two week period expire or the
Supplies are put to use after completion of agreed test phases, if any.
Article VII: Receiving Supplies
The Purchaser shall not refuse to receive Supplies due to minor defects.
Article VIII: Defects as to Quality
The Supplier shall be liable for defects as to quality ("Sachmängel", hereinafter referred to as "Defects",) as follows:
1. Defective parts or defective services shall be, at the Supplier's discretion, repaired, replaced or provided again free of charge,
provided that the reason for the Defect had already existed at the time when the risk passed.
2. Claims for repair or replacement are subject to a statute of limitations of 12 months calculated from the start of the statutory
statute of limitations; the same shall apply mutatis mutandis in the case of rescission and reduction. This shall not apply where
longer periods are prescribed by law according to Sec. 438 para. 1 No. 2 (buildings and things used for a building), Sec. 479
