2.4 In the event of delay, the customer may claim compensation as liquidated damages of 0,5 % for every completed week of delay, but in no case more than 7,5 % of the net order value, unless we can proof that the customer suffered no damage or less damage there from. Any further liability for delay is excluded. 2.5 In case of acts of God and any other temporary events beyond our control that directly or indirectly impede the manufacturing and delivery of the goods we shall be released from the contractual obligations as long as the impediment continues, or are entitled to cancel the part of the agreement not yet fulfilled. 3.1 We warrant that the goods delivered conform to the agreed specifications. The customer may only invoke warranty claims if the agreed or otherwise the statutory notification requirements are fulfilled. 3.2 Obvious defects have to be notified to us immediately upon receipt, others immediately on detection. We are entitled to inspect the goods or request a sample to be sent to us. In the event of a justified and due notification of a defect, we can at our choice remedy the defect or supply goods free from defects. Otherwise we may charge the costs for the examination. 3.3 If the remedy failed, the customer may cancel the agreement, reduce the purchase price or claim damages within the limits set forth in Section 4 hereinafter. 4.1 We shall be responsible for product liability to the extent defined in binding law. 4.2 In case of slight negligence, we shall be liable for property damages and pecuniary losses only in case of a breach of contractual duties which must be fulfilled if the contract is to be implemented in a due and proper manner at all, and the fulfilment of which can thus particularly be relied upon by the customer (“fundamental contractual duties”), provided, however, that our liability is limited to the typical damages foreseeable for such a contract. 4.3 In all respects, KUT’s liability shall be limited to the value of the individual product/service stated on the invoice. 4.4 In any other case, our liability shall be excluded. 5.1 Payments shall be made within 30 days after invoicing unless otherwise agreed in writing. 5.2 If, after concluding a sales agreement, facts regarding the financial situation of the customer become known to us, which may jeopardise its completion, we may request cash in advance or a security deposit prior to the delivery of the goods. 5.3 In the event of default in payment, interest is due at a rate of 8% p.a. above the respective base rate, provided, however, that we shall be entitled to claim further damages (for delay). 5.4 Any fees for bank transfer shall be borne by the customer. 6.1 All goods delivered shall remain our property until all open accounts resulting from the business with the customer have been paid in full. 6.2 Any processing or transformation is carried out on our behalf as manufacturer but without any obligation for us. We acquire a pro-rata co-ownership to the new goods according to the ratio of the invoice value of our goods and the new product. 6.3 The customer is entitled to process or resell our products within the scope of lawful conduct of business. The customer already assigns to us now any accounts receivable from the resale of the respective goods. As long as it meets its payment obligations to us, the customer may collect the accounts receivable until revoked. 6.4 If the realisable value of the securities given to us exceeds the claims secured by more than 10%, we will release securities of our choice at the customer’s request. 6.5 The customer undertakes to inform us immediately about any actions by third parties, which could affect the goods subject to retention of title. 7.1 We reserve any proprietary rights to illustrations, drawings including technical drawings, sketches and other documents as well as tools, moulds and equipment. They remain our property and may not be made accessible to third parties without our express agreement. 7.2 The customer assumes full responsibility for legitimate use of its drawings, in particular the production according to its instructions and the distribution of the goods, by which proprietary rights of third parties will not be infringed.
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