AGB A G B Tr ad in g Te rm s 33 Clause 6 Neither do we accept any liability for variances in composition as long as the goods supplied are still suitable for customary use nor for minor limitations in usability natural deterioration normal wear and tear or damage resulting from incorrect or negligent handling or storage excessive loads contact with unsuitable substances or other external influences occurring after risk has passed to the purchaser except in cases where relevant properties have been expressly stipulated in the contract We also accept no liability for consequential losses attributable to incorrect modifications to our products performed by either the purchaser or a third party Nor do we accept liability for printing errors overlooked by the purchaser in a proof approved by him 9 We give the purchaser no warranties in the legal sense 10 Complaints relating to defects must be filed with us within 12 months of the date on which the risk passed to the purchaser This does not affect claims based on Sections 478 479 of the German Civil Code BGB which lapse 5 years from date of delivery of the defective item Clause 8 Overall liability 1 All further liability for compensation over and above that stipulated in Clause 7 is excluded irrespective of the legal nature of the relevant claim This applies in particular to compensation claims alleging negligence in conclusion of contract other breaches of obligations or claims in tort for compensation for material loss or damage pursuant to Section 823 of the German Civil Code BGB and also to compensation claims for unproductive expenditure in lieu of contract performance In particular we accept no liability for infringements of third party rights by products ordered from us by the purchaser 2 Exclusions and limitations of our liability apply equally to the personal liability of our employees workers assistants representatives and vicarious agents Clause 9 Retention of title 1 We retain title to goods supplied seller s lien until receipt of all outstanding payments resulting from our business relationship with the purchaser In the event of breach of contract by the purchaser in particular default in payment still not remedied after expiry of a reasonable period specified by us in our payment reminder we shall be entitled to repossess goods subject to seller s lien Any such repossession of goods subject to seller s lien constitutes withdrawal from the contract on our part Attachment of goods subject to seller s lien also constitutes withdrawal from the contract on our part After repossession of goods subject to seller s lien we shall be entitled dispose of these thereby crediting any proceeds therefrom after deduction of a reasonable amount for disposal costs against the purchaser s outstanding liabilities 2 The purchaser must treat goods subject to seller s lien with due care and in particular insure them at replacement value and at his own expense against fire and water damage and theft In cases where maintenance or inspection of goods subject to seller s lien is necessary the purchaser must perform this punctually at his own expense 3 Should any third party attempt to seize goods subject to our seller s lien in particular by application for a writ of attachment the purchaser must disclose our rights of lien and use his best endeavours to prevent any action detrimental to these rights He must also help us to protect our title by informing us immediately and handing over to us any rele vant documents The purchaser shall be liable for payment of any judicial and extra judicial costs thereby incurred by us in the event of the third party s inability to reimburse these 4 The purchaser is entitled to use and or dispose of goods subject to seller s lien during his normal course of business but is not permitted to give them in pledge or otherwise use them as security for his debts The purchaser now hereby assigns to us by way of security claims against customers or other third parties accruing to him either from resale of goods subject to seller s lien or for any other reason whatsoever up to the amount of our invoice including value added tax This assignment shall be made irrespective of whether the goods subject to seller s lien are resold without or after further processing We hereby accept this assignment The purchaser remains entitled to collect the outstanding claim despite the foregoing assignment Although our right to make the collection ourselves is not thereby affected we hereby undertake to refrain from exercising this right as long as the purchaser honours his obligations to pay us from the proceeds of the collection does not further default on payment and in particular no application for institution of composition or insolvency proceedings has been filed against him and he has not suspended payments Should any of the foregoing cases apply we shall be entitled to require the purchaser to give us details of the amounts of the assigned claims the names and addresses of the debtors and any other information required for the collection and also to hand over to us the relevant documents and inform the debtor third party of the assignment of the claim 5 All processing or modification of goods subject to seller s lien undertaken by the purchaser is on our behalf If goods subject to seller s lien are processed together with other items not belonging to us we thereby acquire co ownership of the resulting product equivalent to the proportion of the value of the goods subject to seller s lien final invoice price plus value added tax to the other items processed at the time of processing All other foregoing provisions relating to goods subject to seller s lien apply equally to the product resulting from the processing If goods subject to seller s lien are mixed with other items not belonging to us we thereby acquire co ownership of the resulting product equivalent to the proportion of the value of the goods subject to seller s lien final invoice price plus value added tax to the other items mixed with them at the time of mixing In cases where the mixing process yields a product which can be regarded as the main object it is hereby agreed that the purchaser will assign to us the relevant proportion of co ownership of that object We hereby accept this assignment The purchaser is responsible for safekeeping on our behalf of products thus created and solely owned or co owned by us The purchaser also assigns to us by way of security for our claims against him any claims against third parties arising from incorporation of goods subject to seller s lien with real estate 6 We hereby undertake to release at the purchaser s request securities held by us in excess of an amount equivalent to our secured claims plus a margin of 10 The choice of securities thus released is at our sole discretion Clause 10 Data privacy 1 In accordance with the German Data Protection Act the Interstate Agreement on Media services and the Tele Services Data Protection Act customers are advised that any personal data provided as part of an order or business relationship may be stored processed and used by us for internal purposes We will never disclose your personal information to third parties or use in any other way than the purpose for which it was originally intended without obtaining prior permission from you unless there is a legal obligation to disclose your information to any relevant regulatory body or pursuant to a court order or a valid request including processes that we voluntarily comply with or in order to protect our own rights or those of our customers or as far as is needed to comply with the terms of use and rectify any technical issues All personal customer details will be handled as stated in the rules of the German Data Protection Act and the Tele Services Data Protection Act 2 The customer agrees not to pass on any data generated by this business relationship to unauthorised third parties and to ensure that such data is stored safely and protected against unauthorised access and misuse Clause 11 Place of jurisdiction governing law place of performance 1 The place of jurisdiction shall be our place of business We also reserve the right to institute legal proceedings against the purchaser at either his place or residence or his place of business 2 The governing law shall be the law of the Federal Republic of Germany Application of the UN Sales Convention is excluded 3 Unless otherwise stipulated in our order confirmation the place of performance shall be our place of business

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