switch-it Gmbh and switch-it Assembling Gmbh (hereinafter referred to as switch-it) undertake to comply with legal data protection requirements, which are regulated specifically in the EU General Data Protection Regulation (GDPR) and in the German Telemedia Act (TMA). We shall treat your personal data confidentially and in accordance with legal data protection regulations, as well as this Data Protection Statement.

The protection of the private sphere in the processing of personal data, as well as the security of all business data, is important concern to us, which we consider in all our business processes and take very seriously.

We process personal data collected when you visit our website confidentially and in accordance with legal requirements. Consequently, we want you to know when we collect data, what data we collect, and how we use the data.

The website can contain cross-references (links) to other providers, to whom this Data Protection Statement does not extend. Therefore, you should always review the data protection statements provided on these pages.

Changes to this Data Protection Statement may also become necessary as part of further developing our internet presence and implementing new technologies. We therefore recommend that you review this Data Protection Statement again periodically.

The use of our website is usually possible without providing personal data. If personal data (for example, name, address, or email addresses) are captured on our web pages, this is always done on a voluntary basis. These data will not be shared with third parties without your express consent.

Please be aware that there are inherent security risks in transmitting data over the internet (such as when communicating via email). It is not possible to safeguard completely against unauthorized access by third parties.

The use of contact information published as part of our duty to publish an imprint by third parties for the transmission of unsolicited advertisements and information materials is herewith expressly prohibited. The operators of the websites expressly reserve the right to pursue legal steps in the event of unsolicited sending of advertising, such as in the form of spam emails.

1. Scope of processing of personal data

We collect and use personal data from our users basically only to the extent this is needed to provide a functional website, as well as our contents and services. Personal data from our users is regularly collected and used only after consent of the user. An exception applies in such cases in which it is not possible to obtain prior consent and the processing of the data is legally permitted.

2. Legal basis for processing of personal data

Insofar as we obtain consent from the affected person for processing of personal data, Art. 6 (1) letter a of the EU General Data Protection Regulation (GDPR) serves as the legal basis.

For the processing of personal data that is required for fulfillment of a contract to which the affected person is party, Art. 6 (1) letter b of the GDPR serves as the legal basis. This applies also for processing that is necessary for the performance of contractual obligations.

If personal data must be processed to fulfill a legal duty to which our company is obligated, Art. 6 (1) letter c of the GDPR serves as the legal basis.

In the event that vital interests of the affected person or another natural person necessitate a processing of personal data, Art. 6 (1) letter d of the GDPR serves as the legal basis.

If the processing is necessary for preservation of a justified interest of our company or a third party and the interests, and fundamental rights and freedoms of the affected person do not outweigh the first-mentioned interest, Art. 6 (1) letter f of the GDPR serves as the legal basis for the processing.

3. Data deletion and storage period

The personal data of the affected person will be deleted or blocked as soon as the purpose of the storage ceases to apply. Apart from that, data may can also be stored if this was provided for by the European or national legislators in union regulations, laws, or other requirements to which the responsible party is subject. Data will also be blocked or deleted upon expiration of a retention period prescribed by the aforementioned norms unless the data needs to be retained longer for conclusion or fulfillment of a contract.

1. Description and scope of data processing

Each time our web page is accessed, our web space provider automatically collects data and information from the computer system of the calling computer.

In this process, the following data are collected:

• Information on the type of browser and the version used
• The user‘s operating system
• The user’s internet service provider
• The user‘s IP address
• Date and time of the access
• Websites from which the user’s system accessed our web page
• Websites that were accessed by the user’s system over our website.

These data are stored in the provider’s log files. These data are not stored together with other personal data of the user.

2. Legal basis for the data processing

The legal basis for the temporary storage of the data and the log files is Art. 6 (1) letter f of the GDPR.

3. Purpose of the data processing

The temporary storage of the IP address by the system is necessary to enable the provision of the website to the user’s computer. For this purpose, the IP address of the user must remain stored for the duration of the session.

Data are stored in log files to ensure functionality of the website. In addition, the data help us optimize our website and ensure the security of our information technology systems.   The data are not analyzed in this connection for marketing purposes.

With respect to these purposes, our justified interest in processing the data is also in accordance with Art. 6 (1) letter f of the GDPR.

4. Retention period

The data are deleted as soon as they are no longer needed to achieve the purpose for which they were collected. If data are collected for provision of the website, this is the case when the respective session is ended.

If data are stored in log files, this is the case at the latest after seven days. Retention beyond that is not possible. In this case, the user’s IP addresses are deleted or altered so that they can no longer be mapped to the calling client.

5. Possibility of objection and removal

Collection of data for the provision of the website and storage of data in log files are necessary conditions in order to operate the website. Consequently, there is no possibility for objection by the user.

1. Description and scope of the data processing

Our website uses cookies. Cookies are text files that are stored in the internet browser and/or by the internet browser on the user’s computer system. For example, when a user accesses a website, a cookie may be stored on the user’s operating system. This cookie contains a character string that is used to uniquely identify the browser when the website is accessed again.

We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified also after each page change.

The following data are stored and transmitted in the cookies:

• Language settings

2. Legal basis for the data processing

The legal basis for the processing of personal data by using cookies is Art. 6 (1) letter f of the GDPR.

3. Purpose of the data processing

The purpose for the use of technologically required cookies is to simplify the use of websites for the user. Some functions of our website cannot be offered without the use of cookies. For these functions, the browser must also be recognized again after a page change.

We require cookies for the following applications:

• Acceptance of language settings
• Noting of keywords.

The user data collected through technologically required cookies are not used for the creation of user profiles.

4. Retention period, possibility of objection and removal

Cookies are stored on the user’s computer and transmitted by it to our website. Therefore, you, as the user, also have complete control over the use of cookies. By changing the settings in your internet browser you can deactivate or limit the transmission of cookies. Already stored cookies can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, all functions may no longer be available in their full scope.

1. Description and scope of the data processing

A contact form is available on our website that can be used to contact us electronically. If a user takes advantage of this opportunity, the data entered in the input screen are transmitted to us and stored. These data are:

Name, email address, phone (optional), and the message or comments.

For processing the data your consent is obtained and reference is made to this Data Protection Statement as part of the sending process.

Alternatively, we can also be contacted using the provided email address. In this case, the user’s personal data transmitted with the email are stored.

In this connection, the data are not shared with any third parties but used solely for processing of the conversation.

Our employees are obligated by us to confidentiality and compliance with data secrecy provisions.

2. Legal basis for the data processing

The legal basis for processing of the data where user consent is given is Art. 6 (1) letter a of the GDPR.

The legal basis for processing of the data that are transmitted in the course of sending an email is Art. 6 (1) letter f of the GDPR. If the email contact is aimed at the conclusion of a contract, an additional legal basis for the processing is Art. 6 (1) letter b of the GDPR.

3. Purpose of the data processing

We process the personal data from the input screen only to process the contact. In case of contact by email, the required justified interest in processing the data is the same.

4. Retention period

The data are deleted as soon as they are no longer needed to achieve the purpose for which they were collected. For personal data from the input screen of the contact form and data that are transmitted by email, this is the case when the respective conversation with the user is ended. The conversation is ended when it can be derived from the circumstances that the issue concerned has been resolved.

5. Possibility of objection and removal

The user can revoke the consent for processing of personal data at any time. If the user contacts us by email, he/she can object to the storage of his/her personal data at any time. In such a case, the conversation can no longer be continued.

In this case, please contact, either in writing or by email, the controller named in the introduction of this Data Protection Statement.

All personal data stored as part of the contact will be deleted in this case.

Your data are not disclosed to third parties.

If your personal data are processed, you are the affected person according to the GDPR and are entitled to the following rights with respect to the controller:

1. Right of information

You can demand from the controller a confirmation as to whether personal data relating to you are processed by us.

If such processing is given, you can demand from the controller the following information:

(1) The purposes for which the personal data are processed;

(2) The categories of personal data that are processed;

(3) The recipient and/or categories of recipients to whom personal data relating to you were or will be disclosed;

(4) The planned retention period of personal data relating to you or, if specific information in this regard is not available, the criteria for determining the retention period;

(5) The existence of a right to correction or deletion of the personal data relating to you, a right to restriction of processing by the controller or a right of objection to this processing;

(6) The existence of a right to lodge a complaint with a supervisory authority.

You have the right to demand information as to whether the personal data relating to you are transmitted to a third country or an international organization. In this connection, you can demand to be informed of the appropriate guarantees in accordance with Art. 46 of the GDPR in connection with the transmission.

2. Right to correction

You have a right to correction and/or completion with respect to the controller, if the processed personal data relating to you are incorrect or incomplete. The controller must make the correction immediately.

3. Right to restriction of processing

You can demand that the processing of personal data relating to you be restricted under the following conditions:

(1) If you dispute the accuracy of the personal data relating to you for a period that allows the responsible party to review the accuracy of the personal data;

(2) The processing is unlawful and you reject the deletion of the personal data and instead demand the restriction of use of the personal data;

(3) The controller no longer requires the personal data for the purposes of processing but you need the data for assertion, exercise, or defense of legal claims, or

(4) If you have entered an objection against the processing pursuant to Art. 21 (1) of the GDPR and it has not yet been determined whether the justified reasons of the controller outweigh your reasons.

If the processing of the personal data relating to you were restricted, these data may be processed – apart from their retention – only with your consent or for the assertion, exercise, or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons relating to an important public interest of the European Union or a member state.

If the restriction of processing was limited in accordance with the aforementioned conditions, you will be notified by the controller before the restriction is lifted.

4. Right to deletion a) Obligation to delete

You can demand from the controller that the personal data relating to you be deleted immediately, and the controller is obligated to delete these data immediately, if one of the following conditions applies:

(1) The personal data relating to you are no longer required for the purposes for which they were collected or otherwise were processed.

(2) You revoke your consent on which the processing was based in accordance with Art. 6 (1) letter a or Art. 9 (2) letter a of the GDPR, and there is no other legal basis for the processing.

(3) You object to the processing in accordance with Art. 21 (1) of the GDPR and there are no overriding justified reasons for the processing, or you object to the processing in accordance with Art. 21 (2) of the GDPR.

(4) The personal data relating to you were processed unlawfully.

(5) The deletion of the personal data relating to you is required for the fulfillment of a legal obligation based on European Union law or the law of member states to which the controller is subject.

b) Exceptions

The right to deletion does not apply if the processing is required

(1) For the fulfillment of a legal obligation that requires the processing based on European Union law or the law of member states or for performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; or

(2) For the assertion, exercise, or defense of legal claims.

5. Right of notification

If you have asserted the right to correction, deletion, or restriction of processing with respect to the controller, the controller is obligated to notify all recipients to whom the subject personal data were disclosed of this correction or deletion of data or restriction of processing, unless this proves to be impossible or would involve unreasonable expense or effort.

You have the right to be informed of these recipients by the responsible party.

6. Right to data portability

You have the right to receive the personal data relating to you that you have provided to the controller in a structured, commonly used, and machine-readable format and to transmit these data to another controller without hindrance from the controller to which the data were provided, if

(1) The processing is based on consent in accordance with Art. 6 (1) letter a of the GDPR or Art. 9 (2) letter a of the GDPR or on a contract in accordance with Art. 6 (1) letter b of the GDPR and

(2) The processing is carried out by automated means.

In exercising this right, you also have the right to have the subject personal data transmitted directly from one controller to another, where technically feasible. The freedoms and rights of other persons must not be adversely affected by this.

The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7. Right of objection

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data relating to you that is based on Art. 6 (1) letter e or f of the GDPR.

The controller will no longer process the personal data relating to you unless he or she can demonstrate compelling legitimate grounds for the processing that outweigh your interests, rights, and freedoms, or the processing serves the assertion, exercise, or defense of legal claims.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

8. Right to revocation of the declaration of consent under data protection law

You have the right to withdraw your declaration of consent under data protection law at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

9. Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, particularly in the member state of your habitual residence, place of work, or place of the alleged infringement, if you consider that the processing of personal data relating to you violates the GDPR.

The supervisory authority with which the complaint was lodged will inform the complainant of the progress and outcome of the complaint, including the possibility of a judicial remedy in accordance with Art. 78 of the GDPR.

1. These General Terms and Conditions apply exclusively to the legal relationships between the supplier and the customer in connection with the deliveries and/or services of the supplier (hereinafter: deliveries). The purchaser’s general terms and conditions only apply to the extent that the supplier has expressly agreed to them in writing. The mutually agreed written declarations are decisive for the scope of deliveries.
2. The supplier reserves unrestricted ownership and copyright use and exploitation rights to cost estimates, drawings and other documents (hereinafter: documents). The documents may only be made accessible to third parties with the prior consent of the supplier and, if the order is not given to the supplier, they must be returned to the supplier immediately upon request. Sentences 1 and 2 apply accordingly to the purchaser’s documents; however, these may be made available to third parties to whom the supplier has lawfully transferred deliveries.
3. The customer has the non-exclusive right to use standard software and firmware with the agreed performance features in an unchanged form on the agreed devices. The customer may create a backup copy of the standard software without an express agreement.
4. Partial deliveries are permitted as long as they are reasonable for the purchaser.
5. The term “claims for damages” in these General Terms and Conditions also includes claims for reimbursement of wasted expenses.

1. The prices are ex works and exclude packaging plus the applicable statutory sales tax.
2. If the supplier has taken over the installation or assembly and nothing else has been agreed, the purchaser will bear all necessary additional costs such as travel and transport costs as well as expenses in addition to the agreed remuneration.
3. Payments are to be made free of charge to the supplier’s paying office.
4. The customer can only offset claims that are undisputed or legally established.
5. The purchase price must be paid net within 30 days of the invoice being issued.

1. The items of delivery (goods subject to retention of title) for which the purchase price claim becomes due immediately or for which a payment deadline of up to and including 30 days after delivery, delivery with installation/ assembly or receipt of the invoice has been agreed with regard to the due date of the purchase price claim,remain the property of the supplier until full payment has been made.
2. In all other cases, the items delivered (goods subject to retention of title) remain the property of the supplier until all claims against the customer arising from the business relationship have been fulfilled. If the value of all security interests to which the supplier is entitled exceeds the amount of all secured claims by more than 20%, the supplier will, at the purchaser’s request, release a corresponding part of the security interests; the supplier has the choice between different security interests when releasing the goods.
3. While the retention of title exists, the purchaser is prohibited from pledging or transferring as security and resale is only permitted to resellers in the ordinary course of business and only on the condition that the reseller receives payment from his customer or makes the reservation that Ownership is only transferred to the customer once the customer has fulfilled his payment obligations.
4. If the purchaser resells retained goods, he hereby assigns his future claims from the resale against his customers with all ancillary rights – including any balance claims – to the supplier as security, without the need for any further special declarations. If the retained goods are resold together with other items without an individual price being agreed for the reserved goods, the purchaser assigns to the supplier that part of the total price claim which corresponds to the price of the retained goods invoiced by the supplier.
5. a) The purchaser is permitted to process the retained goods or with others mixing or combining objects. Processing is carried out for the supplier. The purchaser shall store the resulting new item for the supplier with the care of a prudent businessman. The new item is regarded as retained
   b) The supplier and the purchaser already agree that if it is combined or mixed with other items that do not belong to the supplier, the supplier is in any case entitled to co-ownership of the new item in the amount that arises from the ratio of the value of the combined items or mixed retained goods results in the value of the remaining goods at the time of combining or mixing. In this respect, the new item is considered as retained
   c) The regulation on the assignment of claims according to No. 4 also applies to the new item. However, the assignment only applies up to the amount that corresponds to the value of the processed, combined or mixed retained goods invoiced by the supplier.
   d) If the purchaser combines the retained goods with real estate or movable property, he also assigns his claim, which he is entitled to as compensation for the connection, with all ancillary rights as security in the amount of the ratio of the value, without the need for any further special explanations of the connected retained goods to the other connected goods at the time of connection to the supplier.
6. Until revoked, the purchaser is authorized to collect assigned claims from the resale.If there is an important reason, in particular late payment, suspension of payments, opening of insolvency proceedings, protest of a bill of exchange or justified indications of over-indebtedness or impending insolvency of the purchaser, the supplier is entitled to revoke the purchaser’s authorization to collect.In addition, the supplier may, after prior warning and within a reasonable period of time, disclose the assignment as security, exploit the assigned claims and demand that the purchaser discloses the assignment as security to the customer.
7. In the event of seizures or other dispositions or interventions by third parties, the purchaser must notify the supplier immediately.If a legitimate interest can be credibly demonstrated, the purchaser must immediately provide the supplier with the information necessary to assert his rights against the customer and hand over the necessary documents.
8. In the event of breaches of duty by the purchaser, in particular in the event of late payment, the supplier is entitled to withdraw from the contract in addition to taking back the contract after a reasonable deadline set for the purchaser has expired without success;the legal provisions regarding the dispensability of setting a deadline remain unaffected.The purchaser is obliged to surrender the goods.The return or assertion of the retention of title or the seizure of the retained goods by the supplier does not constitute a withdrawal from the contract, unless the supplier has expressly declared this.

1. Compliance with deadlines for deliveries requires the timely receipt of all documents to be provided by the customer, necessary approvals and releases, in particular plans, as well as compliance with the agreed payment terms and other obligations by the customer.If these requirements are not met in a timely manner, the deadlines will be extended appropriately;this does not apply if the supplier is responsible for the delay.
2. Is the non-compliance with the deadline due to
   a) force majeure, e.g.B. mobilization, war, acts of terrorism, riots or similar events (e.g. strike, lockout),
   b) virus or other attacks by third parties on the supplier’s IT system, insofar as these occurred despite compliance with the usual duty of care for protective measures,
   c) obstacles due to German, US American and other applicable national, EU or international foreign trade law regulations or due to other circumstances for which the supplier is not responsible, or
   d) failure to deliver on time or properly to the supplier,
   the deadlines are extended appropriately.
3. If the supplier is in default, the purchaser can – provided he credibly demonstrates that he has suffered damage as a result – compensation of 0.5% for each completed week of delay, but a maximum of 5% of the price for the part in totalof the deliveries, which could not be used appropriately due to the delay.
4. Both the purchaser’s claims for damages due to delay in delivery and claims for damages instead of performance that go beyond the limits stated in No. 3 are in all cases of delayed delivery, even after expiry of a delivery deadline set for the supplier, excluded.This does not apply if liability occurs in cases of intent, gross negligence or injury to life, body or health.The purchaser can only withdraw from the contract within the framework of the legal provisions if the delay in delivery is the responsibility of the supplier.A change in the burden of proof to the detriment of the purchaser is not associated with the above regulations.
5. At the request of the supplier, the purchaser is obliged to declare within a reasonable period of time whether he is withdrawing from the contract due to the delay in delivery or insisting on delivery.
6. If shipping or delivery is delayed at the request of the purchaser by more than one month after notification of readiness for dispatch, the purchaser may be charged a storage fee of 0.5% of the price of the items in the delivery for each additional month or part thereof, up to the maximuma total of 5% will be charged.The parties remain at liberty to provide evidence of higher or lower storage costs.

1. Even in the case of freight-free delivery, the risk is transferred to the purchaser as follows:a) if delivered without installation or assembly, if it has been dispatched or picked up; at the request and expense of the purchaser, the delivery will be insured by the supplier against the usual transport risks;
   b) for delivery with installation or assembly on the day of takeover in your own company or, if agreed, after successful trial operation.
2. If the dispatch, delivery, start, execution of installation or assembly, acceptance in one’s own company or trial operation is delayed for reasons for which the purchaser is responsible or if the purchaser defaults on acceptance for other reasons, the risk is passes to the purchaser.

Unless otherwise agreed in writing, the following provisions apply to installation and assembly:

1. The purchaser must pay at his own expense and provide in a timely manner:
   a) all earthworks, construction and other ancillary work outside the industry, including the skilled and unskilled workers, building materials and tools required for this;
   b) the supplies and materials required for assembly and commissioning, such as scaffolding, lifting gear and other devices, fuels and lubricants;
   c) energy and water at the point of use including connections, heating and lighting;
   d) at the assembly site, there are sufficiently large, suitable, dry and lockable rooms for the storage of machine parts, equipment, materials, tools, etc. and appropriate work and lounge rooms for the assembly personnel, including sanitary facilities appropriate to the circumstances; in addition, to protect the property of the supplier and the assembly personnel on the construction site, the purchaser must take the measures that he would take to protect his own property;
   e) protective clothing and protective devices required due to special circumstances of the assembly site.
2. Before the installation work begins, the customer must provide the necessary information about the location of concealed electricity, gas, water pipes or similar systems as well as the required static information without being asked.
3. Before the installation or assembly begins, the supplies and items required to start the work must be at the installation or assembly site and all preparatory work must have progressed to such an extent before the construction begins that the installation or assembly can begin as agreed and can be carried out without interruption. Access routes and the installation or assembly site must be leveled and cleared.
4. If the installation, assembly or commissioning is delayed due to circumstances for which the supplier is not responsible, the purchaser must bear the costs of waiting time and any additional travel required by the supplier or the assembly personnel to an appropriate extent.
5. The purchaser must immediately confirm to the supplier the duration of the assembly staff’s working hours as well as the completion of the installation, assembly or commissioning on a weekly basis.
6. If the supplier demands acceptance of the delivery after completion, the purchaser must do this within two weeks. Acceptance is deemed to be the same if the purchaser allows the two-week period to elapse or if the delivery has been put into use – if necessary after completion of an agreed test phase.

The supplier is liable for material defects as follows:

1. The deliveries are free of material defects if they meet the subjective requirements, the objective requirements and the assembly requirements of Section 434 of the German Civil Code (BGB) at the time of transfer of risk.If the parties have agreed on quality, the question of whether the deliveries meet the objective requirements depends exclusively on this quality agreement.Sentence 2 does not apply if the last contract in the supply chain is a purchase of consumer goods.
2. At the supplier’s discretion, all parts or services that exhibit a material defect must be repaired, re-delivered or re-performed free of charge, provided that the cause of the defect already existed at the time of the transfer of risk.
3. Claims for supplementary performance expire 12 months from the start of the statutory limitation period;the same applies to withdrawal and reduction.This deadline does not apply to the extent that the law prescribes longer deadlines in accordance with Sections 438 Paragraph 1 No. 2 (Buildings and Items for Buildings) and 634a Paragraph 1 No. 2 (Construction Defects) BGB, in the event of intent, fraudulent concealment of the defect andin the event of non-compliance with a quality guarantee.Claims for reimbursement of expenses by the purchaser in accordance with Section 445a of the German Civil Code (recourse by the seller) also expire after 12 months from the start of the statutory limitation period, provided that the last contract in the supply chain is not a purchase of consumer goods.
4. The legal regulations regarding suspension of expiry, suspension and restart of the deadlines remain unaffected.The suspension of expiry in accordance with Section 445b Paragraph 2 of the German Civil Code (BGB) ends in any case no later than five years after the time at which the supplier delivered the item to the seller.This does not apply if the last contract in the supply chain is a purchase of consumer goods or in the cases listed under No. 3 Sentence 2.
5. The purchaser’s warranty rights require that he has properly fulfilled his obligations to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB). The delivered items must be carefully examined immediately after delivery to the customer or to a third party designated by him.With regard to obvious defects or other defects that would have been recognizable during an immediate, careful inspection, they are deemed to have been approved by the purchaser if the seller does not receive a written notice of defects within seven working days of delivery.With regard to other defects, the delivery items are deemed to have been approved by the buyer if the notice of defects is not received by the seller within seven working days of the time at which the defect became apparent;If the defect was already obvious at an earlier point in time during normal use, this earlier point in time is decisive for the start of the complaint period.
6. The purchaser is obliged to check the functionality of the goods delivered by the seller before further use, especially before installing them in other objects.If the purchaser fails to carry out a functionality test, the seller’s liability for any costs or damages (= consequential costs) that would not have arisen if the purchaser had carried out a functionality test is excluded.
7. In the event of claims for defects, payments from the purchaser may be withheld to an extent that is proportionate to the material defects that have occurred.The purchaser has no right of retention if his claims for defects have expired.If the notice of defects was wrongly made, the supplier is entitled to demand reimbursement from the purchaser for the expenses incurred.

8. The supplier must be given the opportunity to supplementary performance within a reasonable period of time.
9. If subsequent performance fails, the customer can withdraw from the contract or reduce the remuneration – without prejudice to any claims for damages in accordance with No. 13.

10. Claims for defects do not apply in particular if there is only an insignificant deviation from the agreed quality, if there is only an insignificant impairment of usability, if there is natural wear and tear or damage that occurs after the transfer of risk as a result of incorrect or negligent handling, excessive stress, unsuitable operating resources,defective construction work, unsuitable subsoil or which arise due to special external influences that are not assumed under the contract as well as non-reproducible software errors.If the customer or third parties carry out improper changes, installation/removal or repair work, there exists no claims for defects for these or the resulting consequences.
11. Claims of the purchaser due to the expenses necessary for the purpose of non-fulfillment are excluded to the extent that the expenses increase because the item of delivery was subsequently moved to a location other than the purchaser’s branch, unless the shipmentcorresponds to its intended use.This applies accordingly to the purchaser’s claims for reimbursement of expenses in accordance with Section 445a of the German Civil Code (seller’s recourse), provided that the last contract in the supply chain is not a purchase of consumer goods.
12. The purchaser’s recourse claims against the supplier in accordance with Section 445a of the German Civil Code (BGB) (seller’s recourse) only exist to the extent that the purchaser has not made any agreements with his buyer that go beyond the statutory claims for defects.
13. Claims for damages by the customer due to a material defect are excluded.This does not apply in the event of fraudulent concealment of the defect, non-compliance with a quality guarantee, injury to life, body or health and in the event of an intentional or grossly negligent breach of duty by the supplier.A change in the burden of proof to the detriment of the purchaser is not associated with the above regulations.Any further claims or claims by the purchaser other than those regulated in this § 8 due to a material defect are excluded.

1. Unless otherwise agreed, the supplier is obliged to make the delivery only in the country of the place of delivery without violating the industrial property rights and copyrights of third parties (hereinafter: property rights). If a third party raises justified claims against the purchaser due to the violation of intellectual property rights through deliveries made by the supplier and used in accordance with the contract, the supplier is liable to the purchaser within the period specified in § 8 No. 3 and in accordance with No. 4as follows:
   a) The supplier will, at his discretion and at his own expense, either obtain a right of use for the delivery in question, change it in such a way that the property right is not violated or exchange it. If this is not possible for the supplier under reasonable conditions, the purchaser is entitled to the statutory right of withdrawal or reduction.
   b) The supplier’s obligation to pay compensation is governed by Section 12.
   c) The above-mentioned obligations of the supplier only exist if the purchaser immediately notifies the supplier in writing of the claims asserted by the third party, does not acknowledge a violation and the supplier reserves the right to take all defensive measures and settlement negotiations. If the purchaser discontinues use of the delivery for damage reduction or other important reasons, he is obliged to point out to the third party that the discontinuation of use does not constitute an acknowledgment of an infringement of intellectual property rights.
2. Claims by the customer are excluded if he is responsible for the infringement of property rights.
3. Claims of the purchaser are further excluded if the infringement of property rights is caused by special specifications of the purchaser, by an application that was not foreseeable by the supplier or because the delivery is modified by the purchaser or used together with products not supplied by the supplier.
4. In the event of infringements of intellectual property rights, the provisions of Section 8 Nos. 6, 7, 10 and 11 apply accordingly to the claims of the purchaser regulated in No. 1a).
5. If there are other legal defects, the provisions of Section 8 apply accordingly.
6. Further claims or claims by the purchaser against the supplier and his vicarious agents other than those regulated in this § 9 due to a legal defect are excluded.

§ 10 Reservation of fulfillment

1. The fulfillment of the contract is subject to the condition that there are no obstacles due to German, US or other applicable national, EU or international foreign trade law regulations as well as no embargoes or other sanctions.
2. The purchaser is obliged to provide all information and documents required for export, transfer or import.

1. If delivery is impossible, the purchaser is entitled to demand compensation unless the supplier is not responsible for the impossibility.However, the purchaser’s claim for damages is limited to 10% of the value of that part of the delivery that cannot be used for its intended purpose due to the impossibility.This limitation does not apply if liability occurs in cases of intent, gross negligence or injury to life, body or health;this does not involve a change in the burden of proof to the detriment of the purchaser.The customer’s right to withdraw from the contract remains unaffected.
2. If events within the meaning of Section 4 No. 2 a) to c) significantly change the economic significance or content of the delivery or have a significant impact on the supplier’s operations, the contract will be adjusted appropriately in compliance with good faith and trust.If this is not economically justifiable, the supplier has the right to withdraw from the contract.The same applies if the required export permits are not issued or cannot be used.If he wants to make use of this right of withdrawal, he must inform the customer immediately after becoming aware of the significance of the event, even if an extension of the delivery time was initially agreed with the customer.

1. Soweit die Lieferung unmöglich ist, ist der Besteller berechtigt, Schadensersatz zu verlangen, es sei denn, dass der Lieferer die Unmöglichkeit nicht zu vertreten hat. Jedoch beschränkt sich der Schadensersatzanspruch des Bestellers auf 10 % des Wertes desjenigen Teiles der Lieferung, der wegen der Unmöglichkeit nicht zweckdienlich verwendet werden kann. Diese Beschränkung gilt nicht, soweit in Fällen des Vorsatzes, der groben Fahrlässigkeit oder wegen der Verletzung des Lebens, des Körpers oder der Gesundheit gehaftet wird; eine Änderung der Beweislast zum Nachteil des Bestellers ist hiermit nicht verbunden. Das Recht des Bestellers zum Rücktritt vom Vertrag bleibt unberührt.

1. Sofern Ereignisse im Sinne von § 4 Nr. 2 a) bis c) die wirtschaftliche Bedeutung oder den Inhalt der Lieferung erheblich verändern oder auf den Betrieb des Lieferers erheblich einwirken wird der Vertrag unter Beachtung von Treu und Glaube angemessen angepasst. Soweit dies wirtschaftlich nicht vertretbar ist, steht dem Lieferer das Recht zu, vom Vertrag zurückzutreten. Gleiches gilt, wenn erforderliche Ausfuhrgenehmigungen nicht erteilt werden oder nicht nutzbar sind. Will er von diesem Rücktrittsrecht Gebrauch machen, so hat er dies nach Erkenntnis der Tragweite des Ereignisses unverzüglich dem Besteller mitzuteilen, und zwar auch dann, wenn zunächst mit dem Besteller eine Verlängerung der Lieferzeit vereinbart war.

1. Unless otherwise regulated in these General Terms and Conditions, claims for damages by the purchaser, regardless of the legal basis, in particular due to breach of obligations arising from the contractual relationship and unlawful acts, are excluded.
2. This does not apply if liability is as follows:
   a) according to the Product Liability Act,
   b) with intent,
   c) in the event of gross negligence on the part of owners, legal representatives or senior employees,
   d) in case of malice,
   e) in the event of non-compliance with a guarantee provided,
   f) due to culpable injury to life, body or health or
   g) due to culpable violation of essential contractual obligations.However, the claim for damages for the violation of essential contractual obligations is limited to the foreseeable damage that is typical for the contract, unless another of the aforementioned cases applies.
3. A change in the burden of proof to the detriment of the purchaser is not associated with the above regulations.

1. If the purchaser is a merchant, the sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the registered office of the supplier. However, the supplier is also entitled to take legal action at the purchaser’s registered office.
2. This contract, including its interpretation, is subject to German law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The remaining parts of the contract remain binding even if individual provisions are legally ineffective. This does not apply if adhering to the contract would represent unreasonable hardship for one party.