mass_spectrometer Pfeiffer обзор (1248468), страница 2
Текст из файла (страница 2)
If the dispatch or the acceptance is delayed or not initiated due to circumstances not falling under the responsibility of Pfeiffer Vacuum, the risk will be transferred to the purchaser by the day on which the readiness fordispatch or for the acceptance test has been notified. Pfeiffer Vacuum commits itself to take out the insurancesrequested by the purchaser at his expense.3. The purchaser is obliged to accept merchandise supplied, even when negligible imperfections are involved andwithout prejudice to his rights under paragraph VIII.4. Partial deliveries will be permissible, as far as the purchaser can be reasonably expected to accept these.VII.
Retention of Property Rights1. Pfeiffer Vacuum retains ownership of the merchandise until full payment has been received and up to the settlementof any outstanding receivables due to Pfeiffer Vacuum or to other companies within the Pfeiffer Vacuum Groupfrom the purchaser or from companies within the purchaser's Group. If the purchaser is a trader or a manufacturer,he is revocably empowered to associate the merchandise delivered within proper business transactions and/or todispose of and/or re-work the merchandise supplied in a proper commercial manner. The purchaser hereby alreadyassigns his title to the proceeds arising from the sale or manufacture to Pfeiffer Vacuum in the proportion thatPfeiffer Vacuum's goods bear to the manufacturing costs of the whole product.
As far as the assignment exceeds120 % of the secured claim, at the written request of the purchaser, Pfeiffer Vacuum will release the surety.2. Pfeiffer Vacuum is entitled to insure the merchandise, at the cost of the purchaser, against theft, breakage, transport/fire/water damage as well as other insurable risks where the purchaser has not himself taken out such insurance.23. The purchaser is not allowed to pledge nor use the merchandise as surety.
If the merchandise becomes subject toan attachment or seizure order or other actions by third parties, the purchaser is required to inform the supplierimmediately.4. If the purchaser breaks the terms of this contract, in particular in the case of non-payment, Pfeiffer Vacuum is entitled, after having issued a warning, to retrieve, and the purchaser required to surrender, the merchandise. Theassertion of property rights and the impounding of the merchandise on the part of Pfeiffer Vacuum does not constitute a withdrawal from the contract.5.
The application for the commencement of bankruptcy proceedings shall entitle Pfeiffer Vacuum to withdraw fromthe contract and to demand the immediate return of the merchandise delivered.VIII. WarrantySubject to the exclusion of further claims, Pfeiffer Vacuum gives warranty for material defects and deficiencies in titlewith regard to the delivery – and with the proviso of paragraph IX. – as follows:Material defects1. As for all such parts that prove to be deficient due to circumstances prior to the time of the transfer of risk, PfeifferVacuum undertakes at its own choice either to remedy defects free of charge or to effect a new delivery.
PfeifferVacuum has immediately upon detection of any such defects and deficiencies to be informed in writing thereof.Article 377 of the HGB (German Commercial Code) applies accordingly. Parts returned for replacement or modification become the property of Pfeiffer Vacuum. As for major bought-in products, Pfeiffer Vacuum’s liability isrestricted to the assignment of those claims Pfeiffer Vacuum is entitled to assert against the supplier of thebought-in product, provided these claims are not statute-barred and are not considerably lower than those claimsbeing asserted against Pfeiffer Vacuum.2.
The purchaser will be obliged to concede to Pfeiffer Vacuum after written notification sufficient time and opportunity to remedy defects or to effect replacement deliveries deemed necessary by Pfeiffer Vacuum; otherwisePfeiffer Vacuum will be relieved from any liability with regard to the consequences resulting thereof. The purchaser shall only in urgent cases such as in the event of endangering of the operational safety or for the defense ofunproportionately high damages, and under the condition that Pfeiffer Vacuum will immediately be informed thereof,have the right to remedy defects on his own or to have them repaired by third parties, and to put forward a claimfor compensation of the expenses incurred.3. Pfeiffer Vacuum will bear the direct costs of retouches and replacements arising from legitimate claims, includingdespatch costs (excluding express deliveries and deliveries abroad) and also the reasonable costs associated with dismantling and assembly and the provision by the purchaser of personnel which the particular case may necessitate.4.
The purchaser will within the framework of legal provisions have a right to withdraw from the contract, if PfeifferVacuum – with due regard to legal exceptions – lets lapse an appropriate period of time, alloted in writing, toremedy defects or to effect a replacement delivery. In case of minor deficiencies the purchaser shall only be entitledto claim a reduction of the sales price.
The right to demand a reduction of the sales price will otherwise be excluded.5. No warranty will in particular be given in the following cases:Unsuitable or improper use, faulty or defective assembly or commissioning by the purchaser or by third parties,natural wear, faulty or neglectful treatment, improper maintenance, unsuitable pump fluid, poor constructionwork, unsuitable building ground, chemical, electrochemical, radio-active or electric influences, unless they fallunder the responsibility of Pfeiffer Vacuum.6. If the purchaser or a third party remedies any defect improperly, Pfeiffer Vacuum shall not be liable for the consequences resulting thereof.
The same shall apply for any alterations of the merchandise initiated by the purchaseror by third parties without prior written consent of Pfeiffer Vacuum.Deficiencies in Title7. Should any use of the merchandise lead to a violation of any domestic industrial property rights or copyrights,Pfeiffer Vacuum will make sure at its own expense, that the purchaser will principally be given the right of furtheruse or that the merchandise will be modified in such a way, as it might reasonably be expected of the purchaserto be acceptable to him, so that the violation of industrial property rights will no longer exist. Should this beimpossible in terms of commercially adequate conditions or within a reasonable period of time, the purchasershall have the right to withdraw from the contract. Under the conditions mentioned, Pfeiffer Vacuum shall in turnalso be entitled to withdraw from the contract.
Furthermore Pfeiffer Vacuum will indemnify the purchaser forundoubted and legally effective claims asserted by respective owners of industrial property rights.8. Pfeiffer Vacuum’s obligations stated under paragraph VIII. 7 are with the proviso of paragraph IX. 2 as for theevent of a violation of protected rights or copyrights all-inclusively settled.They will only be applicable, if and when• the purchaser undertakes to inform Pfeiffer Vacuum immediately of any asserted claims with regard to the• violation of any protected rights or copyrights;• the purchaser undertakes to support Pfeiffer Vacuum to such an extent that will be appropriate for a defense of• the asserted claims or that will enable Pfeiffer Vacuum to proceed with the modification measures as outlined• in paragraph VIII.
7;• all defense measures, including out-of-court settlements, are reserved to Pfeiffer Vacuum;• the deficiency in title is not caused by an instruction on the part of the purchaser; and• the violation of law has not been caused by the fact, that the purchaser has independently modified the• merchandise or used it in a way not complying with the contract.IX. Liability1. If the merchandise can not be used by the purchaser according to the intents of the contract, and this is due toPfeiffer Vacuum’s fault as a result of a neglected or faulty performance in connection with proposals and consultations prior to or after the conclusion of the contract or due to the violation of any other contractual collateral obligations – in particular with regard to instructions for the operation and maintenance of the merchandise –, theregulations under paragraphs VIII.
and IX. 2 will apply accordingly to the exclusion of any further claims of the purchaser.2. As for damages not incurred at the merchandise itself as such Pfeiffer Vacuum will – for whatever legal reasons –only be liable• in case of intent;• in case of gross negligence on part of the owner or managerial employees;• in case of culpable personal injury to human life, body and health;• in case of deficiencies, where Pfeiffer Vacuum may be blamed of malicious silence, or where the absence of• deficiencies has been guaranteed;• in case of defects of the merchandise, as far as the manufacturer will in accordance with the product liability• law be liable for personal injury or for damages to property incurred in connection with privately used objects.In case of a culpable violation of major contractual obligations Pfeiffer Vacuum will also be liable in case of grossnegligence on part of non-managerial employees as well as in case of minor negligence, in the latter case limitedto the reasonably foreseeable, typical damage under the contract.Any further claims for compensation shall be excluded.X.
Statutory limitationAny claims of the purchaser – pertaining to whatever legal reasons – will be statute-barred within a period of 12months. When it comes to intentional or fraudulent conduct as well as to claims resulting from the product liabilitylaw, the statutory time limits will be applicable. They will also be applicable in case of defects and deficiencies ofa structure or of the merchandise, that has according to its customary manner of usage been employed and used forthe construction of a structure, and has caused the structure’s defectiveness.XI. Use of SoftwareAs far as the delivery comprises any software, the purchaser will be conceded the right to use the software delivered,including the documentation pertaining thereto. It is provided for utilisation with the respective designated merchandise.
![](https://s.studizba.com/z.php?f=/templates/si/i/noavatar.png&w=100&h=100&t=1"){kind=avatar}
