If KUT cannot remedy the defect, and if the defect is fundamental, the Buyer shall be entitled to cancel the purchase or claim a proportional reduction of the price, but not compensation. 11. Product liability KUT shall be responsible for product liability to the extent defined in binding law. KUT shall be responsible for damages to real and personal property only if it can be substantiated that the damage was caused due to errors or omissions on the part of KUT or others for whom KUT is responsible. However, the compensation can never exceed the value of the delivery which the defective product is a part of, however, a max. value of EUR 150,000 incl. interest and costs. Moreover, any product liability does not include loss, expenses or costs related to purchasing, reproducing, re-delivering, redoing, repairing, destroying or any similar measures regarding defect products or services. In the event that KUT is met by a product liability claim from a third party, the Buyer shall be obliged to indemnify KUT to the same extent as KUT’s liability has been limited in the conditions of these present conditions. If a third party claims damages from one of the parties according to this clause, this party is to immediately inform the other about the claim for damages. The Buyer shall be liable to prosecution at the court of law processing claims for damages raised against KUT on the grounds of a damage allegedly caused by the delivery. 12. Limitation of liability Under no circumstances shall KUT be liable for indirect damages or loss of any kind, including, but not limited to, liquidated and consequential damages, the Buyer may incur towards a third party, as well as the Buyer’s operating losses, loss of time, loss of delivery or similar losses. In all respects, KUT’s liability shall be limited to the value of the individual product/service stated on the invoice. In the event that KUT should waive a claim or right towards the Buyer, this shall not mean that KUT has waived such claims or rights in instances other than the agreed. 13. Duty of complaint and inspection The Buyer shall be obliged to carefully inspect the delivery immediately when received, including to arrange possible pilot production and measurement of the dimensions of the finished product, to make sure that the delivery conforms with the agreed. The Buyer shall be obliged to make an immediate complaint in writing in the event of defects found under such an inspection, and the Buyer cannot rely on defects that were or should have been found under this inspection at a later point in time. The above also applies if the Buyer fails to make an immediate complaint over latent defects when found. 14. Export Control, Sanctions and compliance The Buyer acknowledges that the products may be subject to the European Export Control Regulations and/or U.S. Export Administration Regulations, applicable sanctions laws, and other applicable laws and related regulations (collectively, "Regulations"). The Buyer hereby gives assurance, that he will comply with the Regulations, and the Buyer agrees that he must not sell, transfer or deliver, directly or indirectly, any part or portion of the products or related documentation supplied by KUT to any person or organization in violation of such Regulations. The Buyer declares that neither the Buyer nor any of its principals, officers, or directors, or any person or entity known to the Buyer being directly involved in this transaction as freight forwarder, end-user, consultant, agent or otherwise is designated on any of the EU, U.S. or Japanese restricted parties lists. The Buyer agrees that it shall not engage in any activity that would expose KUT to a risk of penalties under any applicable law and regulation, including but not limited to, regulations related to anti-bribery, anti-corruption, anti-trust or anti-money laundering. The Buyer shall indemnify and hold KUT harmless from and against any and all damages, liabilities, penalties, fines, costs and expenses arising out of claims, suits or allegations of Buyer's failure to comply with this provision. 15. Force majeure KUT shall not be liable for non-performance or delayed performance of contracts caused by force majeure, war, riots, civil disturbances, government interventions or interventions by public authorities, fire, strikes, lockout, export and/or import embargoes, mobilisation, vandalism, exchange control regulations, epidemics, computer virus, hacking, natural disasters, adverse weather conditions, lack of labour, energy and water supplies, or any other reason beyond KUT’s control.
Download PDF file
Archive