8. Other claims for damages
8.1 Claims for damages made by the purchaser for whatever legal reason, in particular on account of violations of duties arising out of the contractual obligation or out of impermissible action, are excluded.
8.2 This does not apply insofar as a statutorily compulsory liability exists, for example, in accordance with the product liability act, in cases of intent, gross negligence, on account of injury to life, body or health, on account of infringement of essential contractual duties. However, the claim for damages deriving from the infringement of essential contractual duties is limited to damage that is typical for contracts and foreseeable, insofar as no intent or gross negligence exists or liability is given on account of injury to life, body or health. The aforementioned provision does not entail a shift in the burden of proof to the disadvantage of the purchaser.
8.3 Insofar as Section 8 entitles the purchaser to file claims for damages, these become statute-barred with the expiry of the limitation period applicable to material defect claims pursuant to 6.7 insofar as no conflicting compulsory statutory regulations exist.
8.4 Insofar as damages liability with respect to us is excluded or limited, this also applies to personal liability of our employees, representatives and vicarious agents.
9. Third party rights
9.1 Insofar as a third party claims justified damages from the purchaser on account of the infringement of commercial protection law or copyright law (protective rights) arising out of products supplied and used contractually by us, our liability towards the purchaser as follows:
9.1.1 We will exercise the choice of obtaining a right of use at our own expense, changing the product so that protection law is not infringed or exchanging the product. If this is not possible under appropriate conditions we are to take back the product and reimburse the purchase price.
9.1.2 Our aforementioned obligations only exist when the purchaser informs us immediately in writing of the claims asserted by the third party, does not recognise an infringement and we are reserved all rights to take defensive measures and settlement negotiations. If the purchaser suspends use of the product to minimise loss or other important reasons, he is obliged to make the third part aware that the suspension does not constitute acknowledgement of an infringement of a right of protection.
9.2 Claims raised by the purchaser are excluded insofar as he is responsible for the infringement of protective right, or if the protective right infringements have been caused by special stipulations on the part of the purchaser, or by the product being used in a way that we could not have foreseen, or by the purchaser altering the product, or using it in combination with products that we have not supplied.
9.3 In the cases mentioned in Point 9.2 the purchaser exempts us from third party claims.
9.4 Claims against us that go beyond this are excluded; however, Point 8 (Other claims for damages) remains equally unaffected as the right of the purchaser to rescind the contract.
9.5 In the event of other deficiencies in law, the provisions pursuant to Section 6 apply correspondingly.
10. Manufacturing equipment, tools, moulds
10.1 Insofar as the purchaser makes manufacturing equipment (e.g. tools or moulds or similar) available to us, these are to be sent to us free of charge. We only assume liability for their loss, deterioration or incomplete return and resulting damage in the event of gross negligence or intent. This does not apply if a statutorily compulsory liability exists.
10.2 If manufacturing equipment is manufactured or procured by us on behalf of the purchaser, we will charge for these separately on a pro rata basis; this also applies to progressive dies in the case of cast parts. If a tool is not utilised the purchaser assumes the uncovered costs as well as the otherwise type-related equipment. Costs for patterns are borne in full by the purchaser. The manufacturing equipment remains our property. We are not obliged to surrender it to the purchaser. This also applies to progressive dies.
10.3 The drawings and documents as well as our proposals for the advantageous design and manufacture of the parts that we have handed to the purchaser are not permitted to be handed on to third parties and can be demanded back by us at any time.
11. Place of performance, place of jurisdiction, applicable law
11.1 The place of performance for our obligations and payment obligations of the purchaser is Freiburg im Breisgau.
11.2 Place of jurisdiction is Freiburg in Breisgau. We are also empowered to bring legal proceedings against the purchaser at his general place of jurisdiction.
11.3 In all legal relationships between the purchaser and ourselves, only the substantive law of the Federal Republic of Germany, excluding the conflict of laws provisions, applies; the UN Convention on the International Sale of Goods (CISG) is not applicable. The delivery clauses are to be interpreted in accordance with the INCOTERMS in the respectively prevailing version.
12. Partial invalidity
The invalidity of any individual provision shall not affect any part of the remaining contract.
13. Data storage
Data for the purposes of the business transaction is stored and may be imparted to third parties as part of the order process. All personal information shall be treated in confidence in accordance with the provisions of the Federal Data Protection Act.
