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Terms of Service

General Terms and Conditions of 
PFAFF Industriesysteme und Maschinen GmbH
Hans-Geiger-Straße 12
67661 Kaiserslautern

Version: February 1, 2016

I. General

1. Scope of Application

a) These General Terms and Conditions shall apply to all our business relations with entrepreneurs within the meaning of Section 14 German Civil Code (BGB), legal persons under public law and special funds under public law (hereinafter referred to as “Customer”). 
b) These General Terms and Conditions shall in particular apply to contracts between us and the Customer for the delivery of machines and spare parts (hereinafter referred to as “Products”), regardless of whether we produce the goods ourselves or purchase them from suppliers. 
c) Unless otherwise agreed, these General Terms and Conditions in the version effective at the time when the Customer places an order shall also apply to similar future contracts as a framework agreement, without any requirement on our part to repeat reference to them in each individual case.

2. Exclusivity

a) The contractual relationship between us and the Customer shall exclusively be subject to these General Terms and Conditions. The Customer accepts this upon order placement, but at the latest upon acceptance of the product. Deviating terms and conditions of the Customer are expressly rejected. 
b) We are not prepared to execute orders on the basis of deviating general terms and conditions of the Customer; this shall also apply if we provide services without a notification beyond this reservation.

3. Contractual Declarations

a) Unless the circumstances suggest otherwise, our offers merely constitute invitations to our Customer to submit binding contract offers (invitatio ad offerendum). 
b) We are entitled to accept offers submitted by the Customer within two weeks. During this time period, the Customer shall be bound to his offer. 
c) Confirmations of receipt of an offer submitted by the Customer as such do not yet constitute an acceptance of the offer on our part. 
d) When we accept the Customer’s offer, we assume that the Customer is creditworthy, and in the individual case we reserve the right to make the acceptance of the Customer’s order subject to the provision of a bank guarantee or other security in the amount of the projected invoice amount. Besides that, Section 321 German Civil Code shall apply (defence of uncertainty [Unsicherheitseinrede]). 
e) All agreements entered into between us and the Customer (including side agreements, addenda and amendments) must be documented in writing for purposes of proof. A written contract shall be relevant for the content of such agreements, subject to proof to the contrary. 
f) Legally relevant declarations and notices which the Customer must provide to us after contract conclusion (e.g. setting of deadlines, reminders, terminations and notices of rescission) must be made in writing in order to become effective.

4. Incoterms® 
Insofar as trade clauses pursuant to the International Commercial Terms of the International Chamber of Commerce (ICC) are agreed, the Incoterms® in the respective valid version shall apply in case of doubt.

II. Customer’s Acts of Cooperation

1. Customer’s Cooperation Duties

g) The Customer shall cooperate in clarifying all preliminary technical enquiries required. The Customer shall reply to our queries immediately.
h) The Customer shall provide to us the material he intends to process in the product to be produced by us (hereinafter referred to as “Material”). 
i) The Customer shall provide to us the Material of the kind and quality as it will later be processed by the Customer. 
j) The Customer shall provide the Material free of charge. The Customer shall bear potential transport, disposal and logistics costs. 
k) The Customer shall provide the Material in time, however, at the latest immediately following our respective request. 
l) The Customer shall provide the Material in sufficient quantity. 
m) The Customer shall inform us of the quantity in which he intends to process the Material. The Customer shall inform us if he uses the product to be made for more than 5 days per week and/or for more than 40 weekly hours in total; in particular if multiple shift operations are intended. 
n) The Customer shall obtain official authorizations or other third party permits which are required to execute the contract. The incidental costs in this regard shall be borne by the Customer.

2. Failure to Cooperate If the Customer fails to cooperate despite request, we are entitled to terminate the contract after an adequate deadline has expired. The Customer shall be responsible for the damage incurred by us as a result of the termination.

III. Target Performance, Time of Performance, Place of Performance, Release from Liability

1. Target Performance

a) It is our core competence to produce individual machines and equipment for processing flat materials (including the necessary accessories and spare parts). Therefore, specifications of the Customer on the quality and speed of processing as well as our offer shall at first constitute non-binding objectives of the parties. These objectives shall only be binding insofar as this has been expressly agreed, assured or guaranteed in writing. 
b) Customary deviations and deviations that follow from legal regulations or constitute technical improvements as well as the replacement of components by equivalent parts shall be admissible insofar as they do not impair usability for the contractually envisaged purpose. 
c) If we realize in the course of development that the specifications of the Customer concerning the quality and/or the speed of processing cannot be met or can only be met at higher costs, we will inform the Customer in this regard in writing immediately. In the same letter, we will point out to the Customer that the notified deviations will be considered approved by the Customer if he does not object to the announced deviations in writing within the prescribed time limit. 
d) The Customer may object to the deviation in writing within 10 working days following receipt of the notice. The parties will subsequently consult and try to come to an agreement. If the Customer does not object within the prescribed time limit, the communicated changes shall constitute the new targets. 
e) If the parties do not come to an agreement within a deadline of five working days after the Customer’s timely objection, the contract may be terminated with a notice period of another five working days. In the event of the termination, the regulations of lit. X of these General Terms and Conditions shall apply.

2. Delivery Period

a) The delivery period will be individually agreed or indicated by us when we accept the order. Delivery and performance periods shall be binding if they have been indicated as binding in writing in the individual case; otherwise, all delivery and performance periods shall be non-binding. 
b) If a sale to destination (Versendungskauf) has been agreed in the individual case (see lit. II 4 b of these General Terms and Conditions), the delivery periods and dates shall refer to the time of hand-over to the forwarder, carrier or other third party commissioned with the transport. 
c) If we are unable to meet binding delivery periods due to reasons for which we are not responsible (e.g. in cases of force majeure, such as terrorist attacks, strikes, sabotage, demonstrations and third party interference as well as for delays caused by the public authorities), we will inform the Customer immediately in this regard and at the same time communicate the estimated new delivery period. A case of non-availability of the performance to this effect shall in particular be the untimely selfdelivery by our supplier if we have entered into a congruent cover purchase (kongruentes Deckungsgeschäft), if this is neither attributable to ourselves nor to our suppliers or if we are not obliged to procure in the individual case. 
d) Regardless of other cancellations rights, the Customer as well as ourselves shall have the right to rescind from the contract if the duration of an impediment to performance exceeds a period of one month or if performance is not possible for an indefi- nite period of time.

3. Delivery Default

a) Delivery default (Lieferverzug) on our part shall arise pursuant to the statutory regulations. However, a written reminder by the Customer is required in each case. 
b) In the event of a delivery default, we shall be liable for default interest pursuant to lit. IX 3 of these General Terms and Conditions. 
c) Our statutory rights, in particular in the event of an exclusion of the performance obligation (e.g. due to impossibility or unreasonableness of the performance and/or subsequent performance), shall remain unaffected in every case.

4. Delivery, Risk, Change of the Place of Delivery, Duty to Cooperate

a) Unless otherwise agreed in the individual case, the products are delivered ex works; the place of performance and the transfer of risk shall be our respective factory or distribution warehouse. There is no dispatch obligation. 
b) In individual cases, we will deliver the product to another place of destination upon the Customer’s express request (in the following referred to as “Sale to Destination”). In the event of a Sale to Destination, delivery is made to the respective Customer’s business address stated in the commercial register, unless otherwise agreed; we will only deliver to a country outside of the European Union on the basis of a special agreement with the Customer. We reserve the right to choose the transport route, the means of transport and the packaging. If we follow dispatching regulations of the Customer, this is without own liability at the Customer’s cost and risk. We will only take out transport insurance upon the Customer’s express request and at the Customer’s cost. 
c) Unless otherwise agreed, the risk shall pass to the Customer at the latest when the product is provided to him at our factory or distribution warehouse. If a Sale to Destination was agreed in the individual case, the risk of accidental loss and accidental deterioration of the goods shall pass to the Customer at the latest upon hand-over to the forwarder, the carrier or the person or company determined by the Customer to dispatch the goods. If acceptance (Abnahme) has been agreed, it shall be relevant for the transfer of risk. 
d) The change of the contractually agreed place of delivery requires a written agreement between the contract parties. Additional costs arising as a result of the subsequent change of the place of delivery shall be borne by the Customer. 
e) If our employees deliver the product, the Customer shall actively participate in the discharging and unloading measures with his personnel. The same applies for measures of the exact placement of the goods in the Customer’s premises. If the Customer fails to participate, he shall be in default of acceptance, provided that the delivery was announced in time or is made at the contractually agreed delivery date. Alternatively, we may use the assistance of third parties. Costs incurred as a result of Customer’s failure to cooperate shall be borne by the Customer if the delivery was announced in time or is made at the contractually agreed delivery date; besides that, the regulations in lit. III 5 of these General Terms and Conditions shall apply. 
f) Unless expressly agreed otherwise in writing, we shall be entitled to provide the goods as adequate partial deliveries.

5. Default of Acceptance

a) In the event of a default of acceptance on the part of the Customer, we shall only be liable for wilful intent (Vorsatz) and gross negligence (grobe Fahrlässigkeit) for the duration of the acceptance default (Annahmeverzug). The risk of accidental loss or accidental deterioration of the goods shall pass to the Customer at the latest when the Customer is in acceptance default. 
b) If the Customer is in acceptance default, fails to meet a cooperation obligation or if performance is delayed for other reasons attributable to the Customer, we are entitled to request compensation for the resulting damage, including additional expenditures (e.g. storage costs). 
c) During the acceptance default, we will charge to the Customer a lump-sum compensation in the amount of 0.5% of the agreed net remuneration per calendar week, however, a maximum total of 5% of the agreed net remuneration, starting with the binding delivery period or - in the absence of a bindingly agreed delivery period - upon the notification that the goods are ready for dispatch. 
d) The proof of a higher damage and our statutory claims (in particular reimbursement of additional expenditures, adequate compensation, termination) shall remain unaffected; however, the lump-sum shall be off-set against further monetary claims. The Customer is entitled to prove that we have not incurred any or only a significantly lesser damage than the aforementioned lump-sum.

6. Release from Liability

a) The Customer shall respect potential export restrictions of the Federal Republic of Germany and the European Union. 
b) If the Customer transfers, sells or delivers the product into another country than the country of the original place of delivery, he shall release us from third party liability and third party claims arising from this transfer, sale or delivery into the other country. In particular, he shall release us from a liability for the violation of potential transport or export restrictions. 
c) If we are subjected to sanctions as a result of this transfer, sale or delivery of the product (e.g. by the Federal Office for Economic Affairs and Export Control), the Customer shall be liable for the damage resulting therefrom.

IV. Reservation of Title

1. General Principles

a) All deliveries are made under a reservation of title (Eigentumsvorbehalt). The delivered goods shall remain our property (Eigentum) until the full payment of the purchase price. 
b) Moreover, we reserve the title to the delivered goods until all the claims already incurred from the business relationship with the Customer at the time when the contract is concluded (present claims) as well as all our further claims arising from the busi- ness relationship against the Customer prior to the complete fulfilment of the present claims (hereinafter referred to as the “Overall Claim”) are fulfilled. 
c) The Customer is obliged to store the reserved goods (Eigentumsvorbehaltsware) separately and to adequately insure them against all common risks, in particular bur- glary and fire. The Customer already now assigns all claims against the insurances to us and will inform his insurance accordingly in a damage event. 
d) The Customer must immediately inform us about enforcement measures or other third party interventions in the reserved goods or the assigned claims, handing over the documents required for a proceeding. Insofar as the third party is not in a position to reimburse the judicial and out-of-court costs to us, the Customer shall be liable for the loss we incurred. 
e) With regard to contracts where the delivered goods are under reservation of title, we are entitled to rescind from the contract on the basis of which the reserved goods were delivered if the Customer does not pay the purchase price for the reserved goods in accordance with the contract and an adequate grace period has been set without success or if the customer breaches one of his duties with regard to the reserved goods. The same applies if the Customer does not fulfil an Overall Claim in accordance with the contract and an adequate grace period was set in this regard without success, provided that this claim amounts to more than EUR 500.00. 
f) If the jurisdiction where the goods sold are located does not allow for the reservation of title, but permits us to reserve similar rights to the delivered item, the Customer is obliged to provide other adequate securities to us. The Customer is obliged to participate in compliance with formal regulations which might be required in this regard.

2. Processing and Mixing

a) If the reserved goods are combined or mixed with other items not belonging to us, we shall become co-owners (Miteigentümer) in accordance with the statutory regulations. If they are combined in such a way that the items not belonging to us must be regarded as the main item, it is considered agreed that the Customer shall transfer to us pro-rata co-ownership. 
b) Besides that, the same applies for the new moveable item resulting from processing as for the goods delivered under reservation of title.

3. Power of Disposal and Collection Authority

a) The Customer is revocably allowed to resell the delivered goods in accordance with the following regulations in the context of a proper business transaction. 
b) In case of a resale of the reserved goods, the Customer already now assigns the claims arising from the resale in the final invoice amount including VAT, i.e. regardless of whether the goods were sold without processing or after processing. We here by accept the assignments. If we are the co-owners of the reserved goods which are resold, the assignment of the claim is limited to the amount reflecting the pro rata value of our co-ownership. 
c) If the Customer is not able to make an assignment in accordance with the aforementioned regulations, in particular as a consequence of priority assignments to third parties, there is no resale in the context of a proper business transaction within the meaning of this provision. 
d) Until our revocation, the Customer is entitled to collect the assigned claims. Our authorization to collect the claims ourselves shall remain unaffected in this regard. However, we undertake not to indicate the assignment of the claim to the third party debtor and not to collect the claim as long as the customer meets his payment obligations from the proceeds received, is not in default with payment and in particular no application for the opening of insolvency proceedings has been filed and payments have not been ceased. Already before that, we may request at any time that the Customer discloses the assigned claims and their debtors, provides all information required for collection and hands over the related documents. 
e) Upon a cessation of payment, application for and opening of a judicial insolvency proceeding or out-of-court settlement proceeding, the right to resell and use the reserved goods and the authorization to collect the assigned claims expires.

4. Release Clause

a) We are obliged to release the securities to which we are entitled at our own discretion if their estimated value exceeds 150% of the total of the outstanding claims. 
b) The estimated value for claims shall be their nominal value, for items shall be the purchase price paid by the Customer or, in the event of processing of the reserved goods by the Customer, shall be the production costs for the security goods in the event of our mere co-ownership, the pro-rata production costs.

V. Copyright

We reserve the copyright to all drawings, illustrations and/or constructions of the delivered products. Without our express written consent, the Customer may not use or change the copyright protected drawings, illustrations and/or constructions in a manner infringing the copyright.

VI. Confidentiality

1. The parties shall not disclose to third parties or to freelancers any confidential information, business transactions and documents which become known in connection with the execution of the contract.

2. This confidentiality obligation shall continue to apply after the termination of the contract.

VII. Prices and Payment Modalities, Packaging and Shipment Costs, Payment Default

1. Prices

a) Our prices are net prices. The respective applicable VAT is added. 
b) Production of machines Unless otherwise agreed in writing, our services which are associated with the production of a machine are due for payment as follows: 
aa) 50%: 10 days after invoicing 
bb) 40%: 10 days after invoicing, the notification that the goods are ready for dispatch and still before the provision or dispatching of the machine 
cc) 10%: 10 days after invoicing and receipt of the machine, however, at the latest four weeks after delivery. 
c) Delivery of spare parts Unless otherwise agreed in writing, spare parts delivered by us (machine parts, machine accessory parts, wear parts etc.) are due for payment within 10 days after invoicing and delivery. 
d) In the individual case, we reserve the right to only deliver the goods against prepayment. 
e) Unless otherwise agreed in the individual case, the Customer shall bear potential duties, fees, taxes and other public charges.

2. Packaging and Dispatching Costs Unless otherwise agreed in writing, packaging and dispatching costs are not included in the contract price and shall be borne by the Customer.

3. Payment Modalities

a) The Customer must meet our payment claims pursuant to lit. VII 1 above without delay and without deduction in Euro. 
b) The Customer shall only have a right to offsetting with regard to the remuneration owed by him in cases of undisputed or legally binding counterclaims. With regard to product defects, Customer’s counterclaims shall remain unaffected. The Customer shall not have a right of retention due to contested counterclaims which are not legally binding. 
c) We only accept bills of exchange (Wechsel) and cheques on the basis of separate agreements and on account of payment (erfüllungshalber). All expenses incurred in this regard shall be borne by the Customer. 
d) Losses in market value arising in the event of payment in a foreign currency must be borne by the Customer.

4. Payment Default

a) Subject to an earlier reminder, the Customer shall be in default at the latest 10 days after the due date and receipt of an invoice or an equivalent payment request. The statutory rules shall apply with regard to the consequences of the payment default (Zahlungsverzug). If the Customer does not make the full payment despite our request, we are entitled to terminate the contract.
b) If the Customer is in payment default, we shall be entitled at our discretion to either withhold shipments also from other contracts or to make them dependent on the provision of a security, in addition to the statutory rights. The same applies if circum- stances become known after contract conclusion making Customer’s creditworthiness or readiness to perform appear doubtful.

VIII. Letter of Credit

1. Upon our request, the Customer shall open a confirmed and irrevocable letter of credit with an admitted financial institution that will pay to us the contractually agreed amount against presentation of the documents requested in the letter of credit.

2. The total amount of the letter of credit as well as the amounts that might be payable in partial amounts are subject to the contractually agreed payment modalities.

3. If the Customer has made payments pursuant to lit. VII 1 of these General Terms and Conditions in the concrete contractual relationship, we will only make use of the letter of credit in the amount of the overall remuneration which has not yet been paid.

IX. Obligation to give Notice of Defects, Defect Rights, Liability, Acceptance, Statute of Limitation

1. Customer’s obligation to inspect and give notice of defects

a) The Customer shall inspect the product insofar as this is feasible in the proper course of business. The Customer shall notify us of any transport damages immediately. 
b) The Customer must provide a notice about obvious defects (offensichtliche Mängel) immediately, however, at the latest within seven working days after the defect has become apparent to the Customer. In this regard, it is irrelevant whether the defect has already become apparent during joint test runs or during pre-acceptance (Vorabnahme) in our premises or only during the final acceptance (Endabnahme) by the Customer. For the notification about a hidden defect (verdeckter Mangel) which initially remained undiscovered despite proper first inspection, a derogating regulation on deadlines shall apply, according to which the complaint has to be made within seven working days after it has been noticed. 
c) Notices of defects must be made within the aforementioned deadlines in writing or by fax. The type and extent of the alleged defects must clearly follow from the notice of defects. 
d) Goods which have not been complained about in accordance with forms and deadlines shall be considered approved and accepted.

2. Defect Rights

a) In the event of notices of defects which have been brought in accordance with forms and deadlines and are also materially justified, we will remove the product defects free of charge. This does not apply to a delivery of used products agreed with the Customer in an individual case; any guarantee for material defects is excluded for the delivery of such products, unless expressly agreed otherwise. 
b) The agreement on the quality of the products shall constitute the main basis for our liability for defects. In particular, the goods are free from defects if they can process the Material handed out by the Customer (see lit. III 1 of these General Terms and Conditions) pursuant to the current binding agreed targets (quality and time). 
c) If during careful inspection of the defect the Customer could have noticed that this defect does not fall within our scope of responsibility, he shall bear the costs we incurred in connection with this defects removal request. 
d) If we do not remove the defect in accordance with the deadline, if we refuse the defects removal without justification or if the defects removal repeatedly fails, the Customer may request a reduction, remove the defect himself or terminate the contract pursuant to the regulations in lit. X of these General Terms and Conditions. 
e) Even in the event of defects, the Customer shall only be entitled to claims for damag- es pursuant to lit. IX 3; besides that, they are excluded. 
f) The statutory special provisions for the final delivery of the goods to a consumer (supplier recourse [Lieferantenregress] pursuant to Sections 478, 479 German Civil Code) shall remain unaffected.

3. Liability

a) Our liability is generally limited to damages caused intentionally (vorsätzlich) or with gross negligence (grob fahrlässig) by us or our vicarious agents (Erfüllungsgehilfen). We shall only be liable for slight negligence (leichte Fahrlässigkeit) in the event of an injury to life, the body or health as well as a breach of duties which are essential to meet the contract purpose (vertragswesentliche Pflicht). 
b) If we are liable for slightly negligent breaches of duty, our liability shall be limited to the amount of damages that are typical for the contracts in question, were foreseeable upon contract conclusion or at the latest when the breach of duty occurred. This shall not apply to an injury to life, the body or health. 
c) Customer’s damage claims for our default are limited to an amount of 0.5% of the agreed net remuneration per commenced week of default, to a maximum total of 5% of the agreed net remuneration unless we are guilty of wilful intent or gross negligence. 
d) We shall not be liable for force majeure, war, riot or other objectively inevitable circumstances for which we are not responsible. 
e) Our liability is excluded insofar as defects or damages are due to a transfer, modification, improper handling and operation contrary to the operating instructions and/or to a lack of or insufficient maintenance of the product by the Customer. 
f) If the Customer uses another Material when operating a produced machine than the Material he handed to us, if he increases the processing speed or otherwise makes arbitrary changes to the machine (see lit. II 1 of these General Terms and Conditions), he may only hold us liable insofar as these defects and deviations are not attributable to the other Material or the changes made by the Customer. 
g) Insofar as we provide technical information or advice and this information or advice is not part of the contractually agreed scope of services owed by us, this is done free of charge and without assuming any liability. 
h) The aforementioned exclusions and restrictions of liability shall apply to the same extent for the benefit of our corporate bodies, legal representatives, employees and other vicarious agents. 
i) The restrictions of this lit. IX 3 shall not apply to liability for intentional conduct (vorsätzliches Verhalten), for guaranteed quality characteristics (garantierte Beschaffenheitsmerkmale), for an injury to life, the body or health or pursuant to the Product Liability Act.

4. Acceptance

a) Unless expressly agreed otherwise, the preliminary acceptance (Vorabnahme) of the product shall take place at our respective factory.

b) If we request preliminary acceptance after completion of the product, the Customer must carry out the acceptance within 12 working days.
c) If the Customer has not accepted the product within the deadline that was set despite the fact that he was obliged to do so, this shall be equivalent to preliminary acceptance. 
d) If the Customer is not resident in Germany and does not have a branch office in Germany, he must carry out the preliminary acceptance in 24 working days instead of 12 working days. The other regulations shall remain unaffected in this regard. 
e) Final acceptance shall take place at the Customer’s business address indicated in the commercial register or at the deviating delivery address which was agreed. 
f) If we request final acceptance after delivery of the product, the Customer must carry out the acceptance within 12 working days. 
g) If the Customer has not accepted the product within the deadline that was set despite the fact that he was obliged to do so, this is equivalent to final acceptance. 
h) If the Customer is in acceptance default, the regulations of lit. III 5 of these General Terms and Conditions shall respectively apply.

5. Statute of Limitation

a) Customer’s rights for defects shall become time-barred (verjähren) at the latest within 12 months after delivery. Insofar as an acceptance has been agreed, the statute of limitation shall commence upon acceptance. The regulations of Sections 438 para 1 no. 2 and 634a para 1 no. 2 German Civil Code shall remain unaffected in this regard. 
b) If a defects removal (Mängelbeseitung) took place, the statute of limitation for the contractual defects rights for the overall installation on the one hand and for the spare parts on the other hand shall be extended by the time period that was required to remove the defect.

X. Termination

1. Form Pursuant to the regulations in lit. I 3 f) of these General Terms and Conditions, every termination of the Customer has to be made in writing.

2. Extraordinary Termination

a) The right to an extraordinary termination pursuant to the contract and the statutory provisions shall remain unaffected in every case. 
b) We shall have a good cause for an extraordinary termination in particular if 
aa) the Customer ceases payments in full or only in part, 
bb) if insolvency proceedings (Sections 14, 15 Insolvency Code) or a comparable statutory proceeding have been applied for by the Customer or rightfully by us or another creditor, if such a proceeding has been opened or its opening has been refused for lack of estate. 
cc) enforcement measures (Zwangsvollstreckungsmaßnahmen) against the Customer become known or dd) the Customer otherwise seriously breaches his contractual duties.

3. Remuneration Claim

a) In the event of a termination, we will determine the current status of performance. 
b) The services already provided will be invoiced pursuant to the contractual principles without considering whether they would be suitable for a partial acceptance. 
c) We are entitled to claim a lump-sum remuneration of 10% of the agreed net remuneration for the part of the service which has not been provided yet, unless the Customer or we ourselves provide proof in the individual case that would justify a different remuneration. The aforementioned lump-sum remuneration shall not apply in the event of a termination for good cause for which we are responsible.
d) Further damage claims shall remain unaffected in this regard.

XI. Software

1. If operating software is delivered for the machines produced by us, the Customer may use the software delivered by us only in connection with the use of the respective machine and in accordance with the purpose of use, unless a different use was expressly agreed in writing.

2. The Customer shall not have a claim for surrender of the source code of the software. 3. Insofar as it is required to secure the future use of the programme, the Customer may produce merely a backup of the software programme. Sections 69c) and d) Copyright Act shall apply.

XII. Data Protection

We shall process the data of the Customer required to handle the business in considetion of the data protection law regulations.

XIII. Third Party Rights

In the internal relationship, the Customer shall indemnify us from all third party claims arising from the execution of his order in which industrial property rights of third parties are violated as a result of the implementation of the specifications mentioned by the Customer.

XIV. Place of Jurisdiction, Applicable Law, Language

1. The place of jurisdiction for all legal disputes between us and the Customer in connection with this contract shall be Kaiserslautern. However, we are also entitled to bring an action at the Customer’s general place of jurisdiction.

2. For all legal relations between ourselves and the Customer arising from or in connection with this contract, the laws of the Federal Republic of Germany shall apply, while international standard law, in particular the CISG, is excluded.

3. The original version of these General Terms and Conditions was prepared in German. Translations are for information purposes only. In the event of discrepancies between the German version and a translation, the German version shall exclusively prevail.

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