Terms & Conditions
F3: Maritime Technology UG (ltd.)
§ 1 General, Scope
(1) These General Terms and Conditions (GTC) apply to all our business relationships with our customers ("Buyers"). The terms and conditions apply only if the buyer is an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law. If the buyer is a consumer (§ 13 BGB), these terms and conditions also apply as long as they do not violate mandatory consumer law.
(2) The GTC apply in particular to contracts for the sale and / or delivery of movable goods ("goods"), regardless of whether we manufacture the goods ourselves or purchase these from suppliers (§§ 433, 651 BGB). In the event that a rental agreement is concluded for the goods, these GTC are applied accordingly, provided they do not violate mandatory rental law provisions. Unless otherwise agreed, the GTC shall apply in the version valid at the time of the order of the purchaser or at least in the version last communicated in text form as a framework agreement also for similar future contracts, without us having to refer to them again in each individual case.
(3) Our terms and conditions apply exclusively. Deviating, conflicting or supplementary terms and conditions of the buyer shall only become part of the contract if and insofar as we have expressly consented to their validity. This approval requirement applies in any case, for example, even if we carry out the delivery to him unconditionally with knowledge of the terms and conditions of the buyer.
(4) In individual cases, individual agreements with the buyer (including side agreements, additions and changes) have priority over these terms and conditions. For the content of such agreements, subject to the contrary evidence, a written contract or our written confirmation shall prevail.
(5) Legally relevant declarations and advertisements which are to be submitted to us by the buyer after the conclusion of the contract (for example setting of deadlines, notification of defects, declaration of withdrawal or reduction) must be made in writing in order to be valid.
(6) Indications of the validity of statutory provisions are only of clarifying significance. Even without such clarification, therefore, the statutory provisions, unless they are directly amended or expressly excluded in these terms and conditions.
(2) The GTC apply in particular to contracts for the sale and / or delivery of movable goods ("goods"), regardless of whether we manufacture the goods ourselves or purchase these from suppliers (§§ 433, 651 BGB). In the event that a rental agreement is concluded for the goods, these GTC are applied accordingly, provided they do not violate mandatory rental law provisions. Unless otherwise agreed, the GTC shall apply in the version valid at the time of the order of the purchaser or at least in the version last communicated in text form as a framework agreement also for similar future contracts, without us having to refer to them again in each individual case.
(3) Our terms and conditions apply exclusively. Deviating, conflicting or supplementary terms and conditions of the buyer shall only become part of the contract if and insofar as we have expressly consented to their validity. This approval requirement applies in any case, for example, even if we carry out the delivery to him unconditionally with knowledge of the terms and conditions of the buyer.
(4) In individual cases, individual agreements with the buyer (including side agreements, additions and changes) have priority over these terms and conditions. For the content of such agreements, subject to the contrary evidence, a written contract or our written confirmation shall prevail.
(5) Legally relevant declarations and advertisements which are to be submitted to us by the buyer after the conclusion of the contract (for example setting of deadlines, notification of defects, declaration of withdrawal or reduction) must be made in writing in order to be valid.
(6) Indications of the validity of statutory provisions are only of clarifying significance. Even without such clarification, therefore, the statutory provisions, unless they are directly amended or expressly excluded in these terms and conditions.
§ 2 Conclusion of contract
(1) Our offers are non-binding. This also applies if we have provided the buyer with catalogs, technical documentation (eg drawings, plans, calculations, calculations, references to DIN standards), other product descriptions or documents - including in electronic form - in which we own property rights and copyrights.
All drawings and other analogue as well as digital technical documents / information on the goods or their manufacture, which we make available to the buyer or his vicarious agents, whether before or after the contract is concluded, remain our property without any contrary agreement and may, without our express consent, not be used for purposes other than those for which they were made available, in particular not copied, modified, duplicated, transmitted or otherwise made accessible to third parties. At the same time there are copyrights and / or usufructuary rights for us or third parties, the breach of which the customer under observance of commercial care shall refrain. Insofar as we provide copies of such drawings and / or other technical information on data carriers upon delivery or performance (possibly also free of charge) that permit in detail installation, administration, operation and maintenance (including ongoing repairs) of all parts of the goods or services, we are not obliged to provide the production plans for the goods or the spare parts or further or changed documents. The buyer will also treat these items and materials confidentially and will make reasonable efforts to make them inaccessible or otherwise disclosed to third parties, excluding its employees.
(2) The order of the goods by the buyer is considered a binding contract offer. Unless otherwise stated in the order, we are entitled to accept this contract offer within 3 weeks of its receipt.
(3) Acceptance may be declared either in writing (for example, by order confirmation) or by delivering the goods to the buyer.
(4) Our employees, with the exception of the management and authorized signatories, are not authorized to make agreements or to make commitments that deviate from our general terms and conditions. Agreements between us and the customer which deviate from our general terms and conditions, need always to be laid down in writing.
All drawings and other analogue as well as digital technical documents / information on the goods or their manufacture, which we make available to the buyer or his vicarious agents, whether before or after the contract is concluded, remain our property without any contrary agreement and may, without our express consent, not be used for purposes other than those for which they were made available, in particular not copied, modified, duplicated, transmitted or otherwise made accessible to third parties. At the same time there are copyrights and / or usufructuary rights for us or third parties, the breach of which the customer under observance of commercial care shall refrain. Insofar as we provide copies of such drawings and / or other technical information on data carriers upon delivery or performance (possibly also free of charge) that permit in detail installation, administration, operation and maintenance (including ongoing repairs) of all parts of the goods or services, we are not obliged to provide the production plans for the goods or the spare parts or further or changed documents. The buyer will also treat these items and materials confidentially and will make reasonable efforts to make them inaccessible or otherwise disclosed to third parties, excluding its employees.
(2) The order of the goods by the buyer is considered a binding contract offer. Unless otherwise stated in the order, we are entitled to accept this contract offer within 3 weeks of its receipt.
(3) Acceptance may be declared either in writing (for example, by order confirmation) or by delivering the goods to the buyer.
(4) Our employees, with the exception of the management and authorized signatories, are not authorized to make agreements or to make commitments that deviate from our general terms and conditions. Agreements between us and the customer which deviate from our general terms and conditions, need always to be laid down in writing.
§ 3 Delivery time and delivery delay
(1) The delivery period is individually agreed or specified by us when accepting the order.
(2) If we can not meet binding delivery deadlines for reasons for which we are not responsible (unavailability of the service), we will inform the buyer without delay and at the same time notify the expected new delivery deadline. If the service is not available within the new delivery period, we are entitled to withdraw from the contract in whole or in part; We will reimburse immediately any consideration already provided by the buyer. As a case of non-availability of the service in this sense, in particular the non-timely self-delivery by our supplier, if we have concluded a congruent hedging transaction, neither we nor our suppliers are at fault or we are not obliged to procure in individual cases.
(3) The occurrence of our default in delivery is determined by the statutory provisions. In any case, a reminder from the buyer is required. If we fall into delay of delivery, then the buyer can demand flat-rate replacement of its delay damage. The lump sum for each completed calendar week of default amounts to 0.5% of the net price (delivery value), but in total not more than 5% of the delivery value of the delayed delivered goods. We reserve the proof that the buyer has incurred no damage or only a much lower damage than the above flat rate.
(4) The rights of the buyer acc. § 8 of these terms and conditions and our statutory rights, in particular in the case of an exclusion of the obligation to perform (for example due to impossibility or unreasonableness of the service and / or subsequent performance), remain unaffected.
(2) If we can not meet binding delivery deadlines for reasons for which we are not responsible (unavailability of the service), we will inform the buyer without delay and at the same time notify the expected new delivery deadline. If the service is not available within the new delivery period, we are entitled to withdraw from the contract in whole or in part; We will reimburse immediately any consideration already provided by the buyer. As a case of non-availability of the service in this sense, in particular the non-timely self-delivery by our supplier, if we have concluded a congruent hedging transaction, neither we nor our suppliers are at fault or we are not obliged to procure in individual cases.
(3) The occurrence of our default in delivery is determined by the statutory provisions. In any case, a reminder from the buyer is required. If we fall into delay of delivery, then the buyer can demand flat-rate replacement of its delay damage. The lump sum for each completed calendar week of default amounts to 0.5% of the net price (delivery value), but in total not more than 5% of the delivery value of the delayed delivered goods. We reserve the proof that the buyer has incurred no damage or only a much lower damage than the above flat rate.
(4) The rights of the buyer acc. § 8 of these terms and conditions and our statutory rights, in particular in the case of an exclusion of the obligation to perform (for example due to impossibility or unreasonableness of the service and / or subsequent performance), remain unaffected.
§ 4 Delivery, transfer of risk, acceptance, acceptance delay
(1) Delivery is ex warehouse, where the place of performance for the delivery and any subsequent performance is. At the request and expense of the buyer, the goods will be shipped to another destination (consignment purchase). Unless otherwise agreed, we are entitled to determine the type of shipment (in particular transport company, shipping route, packaging). Delivery is made without any other agreement to EXW Incoterms 2010.
(2) The buyer is obliged to accept partial deliveries to a reasonable extent.
(3) The risk of accidental loss and accidental deterioration of the goods shall pass to the buyer at the latest upon handover. However, in the case of consignment purchase, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the forwarder, the carrier or the person or institution otherwise responsible for carrying out the consignment. Insofar as an acceptance has been agreed, this is decisive for the transfer of risk. In addition, the statutory provisions of the contract of employment law apply accordingly to an agreed acceptance. The transfer or acceptance is the same if the buyer is in default of acceptance.
(4) If the buyer is in default of acceptance, fails to cooperate or if our delivery is delayed for other reasons for which the buyer is responsible, we shall be entitled to demand compensation for the resulting damage including additional expenses (for example storage costs). For this we charge a flat-rate compensation i.H.v. 0.5% of the delivery value per calendar day, but no more than 5%, starting with the delivery date or - in the absence of a delivery period - with the notification of readiness for shipment of the goods.
Proof of higher damages and our legal claims (in particular compensation for additional expenditure, reasonable compensation, termination) remain unaffected; the lump sum but is to be credited to more extensive money claims. The buyer is entitled to prove that we have incurred no or only a significantly lower damage than the above flat rate.
(2) The buyer is obliged to accept partial deliveries to a reasonable extent.
(3) The risk of accidental loss and accidental deterioration of the goods shall pass to the buyer at the latest upon handover. However, in the case of consignment purchase, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the forwarder, the carrier or the person or institution otherwise responsible for carrying out the consignment. Insofar as an acceptance has been agreed, this is decisive for the transfer of risk. In addition, the statutory provisions of the contract of employment law apply accordingly to an agreed acceptance. The transfer or acceptance is the same if the buyer is in default of acceptance.
(4) If the buyer is in default of acceptance, fails to cooperate or if our delivery is delayed for other reasons for which the buyer is responsible, we shall be entitled to demand compensation for the resulting damage including additional expenses (for example storage costs). For this we charge a flat-rate compensation i.H.v. 0.5% of the delivery value per calendar day, but no more than 5%, starting with the delivery date or - in the absence of a delivery period - with the notification of readiness for shipment of the goods.
Proof of higher damages and our legal claims (in particular compensation for additional expenditure, reasonable compensation, termination) remain unaffected; the lump sum but is to be credited to more extensive money claims. The buyer is entitled to prove that we have incurred no or only a significantly lower damage than the above flat rate.
§ 5 Prices and terms of payment
(1) Unless otherwise agreed in individual cases, our current prices at the time of the conclusion of the contract shall apply, ex warehouse, plus statutory sales tax.
(2) In the case of a consignment purchase (§ 4 para. 1), the buyer shall bear the transport costs ex warehouse and the costs of any transport insurance desired by the purchaser. If we do not charge for the actual transport costs incurred in individual cases, a transport charge (excluding transport insurance) shall be deemed agreed. Any duties, fees, taxes and other public charges shall be borne by the buyer.
(3) The purchase price is due and payable within 14 days of invoicing and delivery or acceptance of the goods. However, we are entitled at any time, even in the context of an ongoing business relationship, to carry out a delivery in whole or in part only in advance. We declare a corresponding reservation at the latest with the order confirmation.
(4) Upon expiry of the above payment period, the buyer is in default. The purchase price is subject to interest during the default at the applicable statutory default interest rate. We reserve the right to assert further damages caused by delay. For merchants our claim to the commercial maturity interest (§ 353 HGB) remains unaffected.
(5) The buyer is only entitled to offsetting or retention rights insofar as his claim is legally established or undisputed. In the case of defects in the delivery, the counterclaims of the purchaser shall remain in accordance with. § 7 para. 7 sentence 2 of these Terms untouched.
(6) If after conclusion of the contract recognizable (eg by application for opening insolvency proceedings) that our claim to the purchase price is jeopardized by lack of performance of the buyer, we are in accordance with the statutory provisions to refuse performance and - if necessary after setting a deadline - to resign authorized by the contract (§ 321 BGB). The statutory provisions on the dispensability of the deadline remain unaffected.
(2) In the case of a consignment purchase (§ 4 para. 1), the buyer shall bear the transport costs ex warehouse and the costs of any transport insurance desired by the purchaser. If we do not charge for the actual transport costs incurred in individual cases, a transport charge (excluding transport insurance) shall be deemed agreed. Any duties, fees, taxes and other public charges shall be borne by the buyer.
(3) The purchase price is due and payable within 14 days of invoicing and delivery or acceptance of the goods. However, we are entitled at any time, even in the context of an ongoing business relationship, to carry out a delivery in whole or in part only in advance. We declare a corresponding reservation at the latest with the order confirmation.
(4) Upon expiry of the above payment period, the buyer is in default. The purchase price is subject to interest during the default at the applicable statutory default interest rate. We reserve the right to assert further damages caused by delay. For merchants our claim to the commercial maturity interest (§ 353 HGB) remains unaffected.
(5) The buyer is only entitled to offsetting or retention rights insofar as his claim is legally established or undisputed. In the case of defects in the delivery, the counterclaims of the purchaser shall remain in accordance with. § 7 para. 7 sentence 2 of these Terms untouched.
(6) If after conclusion of the contract recognizable (eg by application for opening insolvency proceedings) that our claim to the purchase price is jeopardized by lack of performance of the buyer, we are in accordance with the statutory provisions to refuse performance and - if necessary after setting a deadline - to resign authorized by the contract (§ 321 BGB). The statutory provisions on the dispensability of the deadline remain unaffected.
§ 6 Retention of title
(1) We retain ownership of the goods sold until full payment of all our present and future claims under the purchase agreement and an ongoing business relationship (secured claims).
(2) The goods subject to retention of title may not be pledged to third parties or transferred as collateral before full payment of the secured claims. The buyer must notify us immediately in writing if an application for the opening of insolvency proceedings is made or if third party access (for example seizure) takes place on the goods belonging to us. The costs of a necessary intervention against the access of third parties are borne by the buyer, as far as the third party is not able to reimburse them.
(3) In case of breach of contract by the purchaser, in particular in case of non-payment of the due purchase price, we are entitled to withdraw from the contract according to the statutory provisions and to demand the goods based on the retention of title and withdrawal. If the buyer does not pay the due purchase price, we may only assert these rights if we have unsuccessfully set a reasonable deadline for payment to the buyer or if such a deadline is dispensable according to the statutory provisions.
(4) The buyer is up to revocation gem. below (c) has the power to resell and / or process the goods subject to retention of title in the ordinary course of business. In this case, the following provisions additionally apply.
(a) Retention of title extends to the full value of products resulting from the processing, mixing or combination of our goods, and we shall be deemed to be the manufacturer. If the property rights remain with processing, mixing or combination with goods of third parties, we acquire co-ownership in proportion of the invoice values of the processed, mixed or connected goods. In addition, the same applies to the resulting product as to the goods delivered under reservation of title.
(b) The purchaser hereby assigns to us the claims against third parties resulting from the resale of the goods or the product as security in total or in the amount of our possible co-ownership share in accordance with the preceding paragraph. We accept the assignment. The obligations of the buyer mentioned in paragraph 2 also apply with regard to the assigned claims.
(c) To collect the claim, the buyer remains authorized in addition to us. We undertake not to collect the claim as long as the buyer meets his payment obligations to us, there is no defect of his capacity and we do not violate the reservation of title by exercising a right according to Art. Paragraph 3. If this is the case, we can demand that the buyer informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the related documents and notifies the debtors (third parties) of the assignment. In addition, in this case, we are entitled to revoke the purchaser's authority to resell and process the goods subject to retention of title.
(d) If the realizable value of the securities exceeds our claims by more than 10%, we shall, at the request of the buyer, release securities of our choice.
(2) The goods subject to retention of title may not be pledged to third parties or transferred as collateral before full payment of the secured claims. The buyer must notify us immediately in writing if an application for the opening of insolvency proceedings is made or if third party access (for example seizure) takes place on the goods belonging to us. The costs of a necessary intervention against the access of third parties are borne by the buyer, as far as the third party is not able to reimburse them.
(3) In case of breach of contract by the purchaser, in particular in case of non-payment of the due purchase price, we are entitled to withdraw from the contract according to the statutory provisions and to demand the goods based on the retention of title and withdrawal. If the buyer does not pay the due purchase price, we may only assert these rights if we have unsuccessfully set a reasonable deadline for payment to the buyer or if such a deadline is dispensable according to the statutory provisions.
(4) The buyer is up to revocation gem. below (c) has the power to resell and / or process the goods subject to retention of title in the ordinary course of business. In this case, the following provisions additionally apply.
(a) Retention of title extends to the full value of products resulting from the processing, mixing or combination of our goods, and we shall be deemed to be the manufacturer. If the property rights remain with processing, mixing or combination with goods of third parties, we acquire co-ownership in proportion of the invoice values of the processed, mixed or connected goods. In addition, the same applies to the resulting product as to the goods delivered under reservation of title.
(b) The purchaser hereby assigns to us the claims against third parties resulting from the resale of the goods or the product as security in total or in the amount of our possible co-ownership share in accordance with the preceding paragraph. We accept the assignment. The obligations of the buyer mentioned in paragraph 2 also apply with regard to the assigned claims.
(c) To collect the claim, the buyer remains authorized in addition to us. We undertake not to collect the claim as long as the buyer meets his payment obligations to us, there is no defect of his capacity and we do not violate the reservation of title by exercising a right according to Art. Paragraph 3. If this is the case, we can demand that the buyer informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the related documents and notifies the debtors (third parties) of the assignment. In addition, in this case, we are entitled to revoke the purchaser's authority to resell and process the goods subject to retention of title.
(d) If the realizable value of the securities exceeds our claims by more than 10%, we shall, at the request of the buyer, release securities of our choice.
§ 7 Warranty claims of the buyer
(1) For the rights of the buyer in case of material and legal defects (including wrong and short delivery as well as improper installation or faulty assembly instructions), the statutory provisions, unless otherwise stated below. In all cases, the statutory special provisions remain unaffected on final delivery of the goods to a consumer (supplier recourse in accordance with §§ 478, 479 BGB).
(2) The basis of our liability for defects is above all the agreement made on the nature of the goods. If manuals or other analogue or digital accompanying material are the subject of the contract, with the exception of other individual agreements, a leasing - as usual in the trade - takes place either in German or in English. Data and facts from product information and / or price lists from us or from other manufacturers marketed by us are only binding if these data or documents have been included in the contract in the same way as these terms and conditions were included in the contract.
(3) Insofar as the condition has not been agreed upon, it shall be judged according to the legal regulation whether there is a defect or not (§ 434 (1) Sections 2 and 3 BGB). However, we do not assume any liability for public statements made by the manufacturer or other third parties (for example, advertising statements).
(4) The claims of the buyer, who is an entrepreneur, for defects presuppose that he has complied with his statutory inspection and complaint obligations (§§ 377, 381 HGB). If there is a defect during the examination or later, we must be notified immediately in writing. The notification is deemed to be immediate if it takes place within two weeks, whereby the timely dispatch of the advertisement is sufficient to meet the deadlines. Regardless of this obligation to inspect and to give notice of defects, the purchaser must notify us in writing of any obvious defects (including incorrect delivery and short delivery) within two weeks of delivery. In this case too, the timely dispatch of the advertisement is sufficient to meet the deadlines. If the buyer fails to properly examine and / or report a defect, our liability for the non-indicated defect is excluded.
(5) If the delivered item is defective, the seller has to offer at his option as a supplementary performance first elimination of the defect (rectification) or delivery of a defect-free item (replacement).
(6) A defect is not present in particular if after handover:
a) Operating, attachment or maintenance instructions issued by us or the manufacturer are not followed,
b) changes are made to the delivery item,
c) a component replacement or the use of consumables that do not conform to the original specifications has occured, and the buyer does not provide proof that the claimed defect is not on based on any of the above mentioned exclusion reasons.
(7) We are entitled to make the subsequent performance owed dependent on the buyer paying the due purchase price. The buyer is, however, entitled to retain a portion of the purchase price which is reasonable in relation to the defect.
(8) The buyer shall give us the time and opportunity required for the owed supplementary performance, in particular to hand over the rejected goods for examination purposes. In case of replacement, the buyer has to return the defective item according to the legal regulations. The supplementary performance does not include the removal of the defective item or the reinstallation if we were originally not obliged to install.
(9) The expenses necessary for the purpose of the examination and supplementary performance, in particular transport, travel, labor and material costs (not: removal and installation costs), shall be borne by us if there is actually a defect. Otherwise, we may demand compensation from the purchaser for costs incurred in connection with the unjustified removal of the defect (in particular inspection and transport costs), unless the lack of defect was not apparent to the purchaser.
(10) In urgent cases, e.g. in case of endangerment of operational safety or to avoid disproportionate damage, the buyer has the right to remedy the defect himself and to demand compensation from us for the objectively necessary expenses. We are to be informed immediately of such self-assertion, if possible beforehand. The right to self-assertion does not exist if we were entitled to refuse a corresponding supplementary performance according to the statutory provisions.
(11) If the supplementary performance has failed or if a reasonable period to be set by the Buyer for the supplementary performance has expired unsuccessfully or is dispensable according to the legal provisions, the Buyer may withdraw from the purchase contract or reduce the purchase price. In a minor defect, however, there is no right of withdrawal.
(12) Claims of the purchaser for damages or compensation for futile expenses exist even in the case of defects only in accordance with § 8 and are otherwise excluded.
(2) The basis of our liability for defects is above all the agreement made on the nature of the goods. If manuals or other analogue or digital accompanying material are the subject of the contract, with the exception of other individual agreements, a leasing - as usual in the trade - takes place either in German or in English. Data and facts from product information and / or price lists from us or from other manufacturers marketed by us are only binding if these data or documents have been included in the contract in the same way as these terms and conditions were included in the contract.
(3) Insofar as the condition has not been agreed upon, it shall be judged according to the legal regulation whether there is a defect or not (§ 434 (1) Sections 2 and 3 BGB). However, we do not assume any liability for public statements made by the manufacturer or other third parties (for example, advertising statements).
(4) The claims of the buyer, who is an entrepreneur, for defects presuppose that he has complied with his statutory inspection and complaint obligations (§§ 377, 381 HGB). If there is a defect during the examination or later, we must be notified immediately in writing. The notification is deemed to be immediate if it takes place within two weeks, whereby the timely dispatch of the advertisement is sufficient to meet the deadlines. Regardless of this obligation to inspect and to give notice of defects, the purchaser must notify us in writing of any obvious defects (including incorrect delivery and short delivery) within two weeks of delivery. In this case too, the timely dispatch of the advertisement is sufficient to meet the deadlines. If the buyer fails to properly examine and / or report a defect, our liability for the non-indicated defect is excluded.
(5) If the delivered item is defective, the seller has to offer at his option as a supplementary performance first elimination of the defect (rectification) or delivery of a defect-free item (replacement).
(6) A defect is not present in particular if after handover:
a) Operating, attachment or maintenance instructions issued by us or the manufacturer are not followed,
b) changes are made to the delivery item,
c) a component replacement or the use of consumables that do not conform to the original specifications has occured, and the buyer does not provide proof that the claimed defect is not on based on any of the above mentioned exclusion reasons.
(7) We are entitled to make the subsequent performance owed dependent on the buyer paying the due purchase price. The buyer is, however, entitled to retain a portion of the purchase price which is reasonable in relation to the defect.
(8) The buyer shall give us the time and opportunity required for the owed supplementary performance, in particular to hand over the rejected goods for examination purposes. In case of replacement, the buyer has to return the defective item according to the legal regulations. The supplementary performance does not include the removal of the defective item or the reinstallation if we were originally not obliged to install.
(9) The expenses necessary for the purpose of the examination and supplementary performance, in particular transport, travel, labor and material costs (not: removal and installation costs), shall be borne by us if there is actually a defect. Otherwise, we may demand compensation from the purchaser for costs incurred in connection with the unjustified removal of the defect (in particular inspection and transport costs), unless the lack of defect was not apparent to the purchaser.
(10) In urgent cases, e.g. in case of endangerment of operational safety or to avoid disproportionate damage, the buyer has the right to remedy the defect himself and to demand compensation from us for the objectively necessary expenses. We are to be informed immediately of such self-assertion, if possible beforehand. The right to self-assertion does not exist if we were entitled to refuse a corresponding supplementary performance according to the statutory provisions.
(11) If the supplementary performance has failed or if a reasonable period to be set by the Buyer for the supplementary performance has expired unsuccessfully or is dispensable according to the legal provisions, the Buyer may withdraw from the purchase contract or reduce the purchase price. In a minor defect, however, there is no right of withdrawal.
(12) Claims of the purchaser for damages or compensation for futile expenses exist even in the case of defects only in accordance with § 8 and are otherwise excluded.
§ 8 Other liability
(1) Insofar as nothing to the contrary arises from these General Terms and Conditions, including the following provisions, we shall be liable in the event of a breach of contractual and non-contractual obligations in accordance with the statutory provisions.
(2) We shall be liable for damages - irrespective of the legal grounds - in the context of fault liability in cases of intent and gross negligence. In the case of ordinary negligence, we are liable only subject to a milder standard of liability according to legal regulations (for example, for care in your own affairs)
a) for damage resulting from injury to life, limb or health,
b) for damages resulting from the material breach of a material contractual obligation (obligation the fulfillment of which makes the proper execution of the contract possible in the first place and the compliance with which the contractual partner regularly relies and can rely on); however, in this case, our liability is limited to compensation for foreseeable, typically occurring damage.
(3) The liability limitations resulting from para. 2 also apply to breaches of duty by or for the benefit of persons whose fault we are responsible for under statutory provisions. They do not apply if we fraudulently concealed a defect or assumed a guarantee for the quality of the goods and for claims of the buyer under the Product Liability Act.
(4) Due to a breach of duty that does not exist in a defect, the buyer can only resign or terminate if we are responsible for the breach of duty. A free right of termination of the buyer (in particular according to §§ 651, 649 BGB) is excluded.
(5) The buyer is aware that the goods correspond to the current state of the art. Because of the unpredictability of animal behavior, there is no 100% guarantee of success for the respective purpose (e.g. the absence of collisions, attacks or by-catch due to marine mammals and birds).
(2) We shall be liable for damages - irrespective of the legal grounds - in the context of fault liability in cases of intent and gross negligence. In the case of ordinary negligence, we are liable only subject to a milder standard of liability according to legal regulations (for example, for care in your own affairs)
a) for damage resulting from injury to life, limb or health,
b) for damages resulting from the material breach of a material contractual obligation (obligation the fulfillment of which makes the proper execution of the contract possible in the first place and the compliance with which the contractual partner regularly relies and can rely on); however, in this case, our liability is limited to compensation for foreseeable, typically occurring damage.
(3) The liability limitations resulting from para. 2 also apply to breaches of duty by or for the benefit of persons whose fault we are responsible for under statutory provisions. They do not apply if we fraudulently concealed a defect or assumed a guarantee for the quality of the goods and for claims of the buyer under the Product Liability Act.
(4) Due to a breach of duty that does not exist in a defect, the buyer can only resign or terminate if we are responsible for the breach of duty. A free right of termination of the buyer (in particular according to §§ 651, 649 BGB) is excluded.
(5) The buyer is aware that the goods correspond to the current state of the art. Because of the unpredictability of animal behavior, there is no 100% guarantee of success for the respective purpose (e.g. the absence of collisions, attacks or by-catch due to marine mammals and birds).
§ 9. Application software, customer hardware and software
Contracts that (also) have application software are only effective on the condition that the customer concludes a software license agreement under the terms of the standard user license immediately after conclusion of the contract, of which a blank copy is provided to the customer. On the delivery of software by F3: Maritime Technology u.G. (limited) these terms and conditions apply with the proviso that their provisions in the event of conflict, the provisions of the user license or the terms of sale for software proceed. Our liability for loss of data is limited to the amount required to recover the data. If the buyer does not carry out regular backups, we are only liable for the amount that would be required if the buyer had made regular backups. For the rest, the provisions on liability remain unaffected.
§ 10 Limitation
(1) Claims of the purchaser due to material defects expire one year from handover / delivery of the object of purchase to the customer. Exempted from this are claims for defects of consumers and claims for damages due to injury to life, body or health and / or claims for damages due to gross negligence or intentional damage caused by the seller. In that regard, the statutory limitation periods apply.
(2) The above periods of limitation of the purchase right also apply to contractual and non-contractual claims for damages of the buyer, based on a defect of the goods, unless the application of the regular statutory limitation (§§ 195, 199 BGB) would in individual cases to a shorter limitation period to lead. Claims for damages of the buyer acc. However, § 8 para. 2 sentence 1 and sentence 2 (a) as well as according to the product liability law are subject to limitation only according to the statutory limitation periods.
(2) The above periods of limitation of the purchase right also apply to contractual and non-contractual claims for damages of the buyer, based on a defect of the goods, unless the application of the regular statutory limitation (§§ 195, 199 BGB) would in individual cases to a shorter limitation period to lead. Claims for damages of the buyer acc. However, § 8 para. 2 sentence 1 and sentence 2 (a) as well as according to the product liability law are subject to limitation only according to the statutory limitation periods.
§ 11 Choice of law and jurisdiction, severability clause
(1) For these terms and conditions and the contractual relationship between us and the buyer, the law of the Federal Republic of Germany applies to the exclusion of international uniform law, in particular the UN Sales Convention.
(2) If the buyer is a merchant under Commercial Code, legal entity under public law or a special fund under public law, the exclusive - also international place - of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is our place of business in Kiel. The same applies if the buyer is an entrepreneur i.S.v. § 14 BGB is. However, in all cases, we are also entitled to bring action at the place of performance of the delivery obligation in accordance with these GTC or a priority individual agreement or at the general place of jurisdiction of the buyer. Priority laws, especially exclusive jurisdictions, remain unaffected.
(3) Should one or more of these terms and conditions be ineffective, the effectiveness of the others remains unaffected.
(2) If the buyer is a merchant under Commercial Code, legal entity under public law or a special fund under public law, the exclusive - also international place - of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is our place of business in Kiel. The same applies if the buyer is an entrepreneur i.S.v. § 14 BGB is. However, in all cases, we are also entitled to bring action at the place of performance of the delivery obligation in accordance with these GTC or a priority individual agreement or at the general place of jurisdiction of the buyer. Priority laws, especially exclusive jurisdictions, remain unaffected.
(3) Should one or more of these terms and conditions be ineffective, the effectiveness of the others remains unaffected.
