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… claims against GEZE for liability for defects (unless GEZE has deliberately caused a defect or fraudulently concealed it). If a specific test period has been agreed, the customer must completely and irretrievably delete the software after its expiry and confirm this deletion in writing to GEZE upon request. … requires the prior written consent of GEZE. If the use takes place without this consent, GEZE shall invoice the customer for the remuneration incurred for the further use in accordance with its respectively valid price model (also retroactively). In addition, the right to demand claims for damages shall remain reserved. The customer is obliged to notify GEZE in advance of any change affecting his right of use or the agreed remuneration (e.g. imminent sub-licensing). §5 Embedded software … . Unless explicitly stated otherwise in the contract (e.g., service contract) concluded with the customer, the customer has no claim to the provision and installation of regular updates. Furthermore, GEZE is not obliged to regularly check whether the manufacturers of third-party software, which GEZE has supplied as independent merchandise or integrated in GEZE’s own products, have published or provided updates to their products. Statutorily mandatory claims of the customer remain unaffected by the above clause. … . If GEZE provides the customer with updates of the software outside the framework of an existing service contract and without any other remuneration being due for this, these updates are not subject to any independent liability for defects. Legally mandatory claims (e.g., for intentional breaches of duty) and any claims for defects of the customer related to the originally acquired software status remain unaffected, i.e. due to provision of a free update, the customer does not lose any rights in this respect. If GEZE provides the customer with free updates to the software, this does not lead to a restart of limitation periods. §7 Provision of services; cooperation; acceptance … . GEZE guarantees that the contractual objects have the characteristics and functionalities described in the product or service description (e.g. in the offer or in the documentation). The customer can assert claims only due to defects that are reproducible or can be described comprehensibly by the customer. Functional impairments resulting, for example, from improper operation of the software by the customer, from the customerʼs system environment, from a change of operating system (including updates) or from other circumstances in the customerʼs area of risk are not considered to be defects. … . If GEZE provides services according to the customerʼs specifications or adapts components of third parties or of the customer at the customer’s request or integrates them into its own software or GEZE products or connects them with these products, GEZE shall not assume any responsibility for the technical and legal properties of these third-party components or the consequences of the implementation of the customerʼs specifications. - The customer shall observe the applicable technical system requirements for the software, including, for example, regular updating of operating systems and other system and security software, provided these have been supplied to the customer by GEZE. The additional expenses and waiting times of GEZE resulting from the omitted, delayed or improper fulfilment of cooperation obligations shall be invoiced to the customer based on the actual efforts and expenses. This shall also apply in the event that necessary provisions by the customer do not meet GEZEʼs requirements or the customer does not comply with the technical system requirements and this results in additional expenditure. Further claims of GEZE due to improper cooperation shall remain unaffected. … attempts at subsequent performance may also be reasonable for the customer. In the event of only an insignificant deviation of the contractual objects from the agreed quality, there shall be no right of withdrawal. GEZE shall pay damages and compensation for futile expenses due to a defect within the scope specified in § 11. If GEZE provides services to search for or to rectify a defect without being obliged to do so, GEZE may demand a separate remuneration from the customer for such services according to the respectively valid GEZE prices. This applies in particular if a defect reported by the customer cannot be proven or does not originate from GEZEʼs area of responsibility. A claim for remuneration shall not exist if the customer cannot recognise that there was no defect in the contractual objects. The limitation period for the customerʼs warranty claims arising from this § … . If GEZE supplies third-party products to the customer, be it as independent merchandise or integrated in GEZE’s own products, GEZE is generally not in the position to eliminate a defect in such thirdparty products, e.g., because GEZE does not have the source code required for this at its disposal. In the event of a defect in the thirdparty product, GEZE will, at its own option, (i) provide the customer with updates to the third-party products published by their manufacturer, serving to remedy the defect, (ii) assert its warranty claims against the manufacturer or sub-supplier in the name of the customer, or (iii) assign such claims to the customer to enable it to assert its claims. GEZE may initially also refer the customer to the manufacturer support (if available). Warranty claims against GEZE for defects of third-party products in accordance with an assignment of the customer’s rights in this regards shall exist only if the judicial enforcement of the claims against the manufacturer or subsupplier remains unsuccessful or is futile, e.g. due to insolvency of the manufacturer or sub-supplier. The statute of limitations of the customerʼs warranty claims against GEZE shall be suspended for the duration of the manufacturerʼs or sub-supplierʼs claim. If GEZE satisfies the claims of the customer itself, any claims for defects against the manufacturer or sub-supplier assigned to the customer shall revert to GEZE (reassignment). § 10 Property right infringements … . GEZE warrants that the software provided to the customer is free from third-party property rights and indemnifies the customer against third-party claims based on property rights infringements in accordance with the following provisions. … . If third parties assert claims against the customer arising from the infringement of their property rights as a result of the contractual use of the software by the customer, the customer shall inform GEZE of this immediately in writing and with comprehensive details. GEZE is entitled, but not obliged, to settle the dispute with the third party independently in and out of court. If GEZE makes use of this right, the customer shall support GEZE to an appropriate extent free of charge. The customer shall not acknowledge the claims of the third party on its own initiative. … . If the software has a defect in title at the time of transfer of risk, GEZE shall provide the customer with a legally flawless option to use the software. Alternatively, GEZE may also exchange the affected software for equivalent software if this is reasonable for the customer. If an infringement of third-party property rights and/or a legal dispute with the third party over corresponding claims can be eliminated or avoided by the customer using a more recent software version provided by GEZE, the customer is obliged to take over and use this version within the scope of its duty to minimise damage, unless the customer can prove that the use of the more recent version is unreasonable. … shall apply accordingly to the customerʼs claims based on defects of title. … . In particular, GEZE shall not be liable if claims of a third party based on alleged or actual infringements of property rights are based on the fact that the software was modified by the customer or used together with systems not approved by GEZE or in violation of the other contractually agreed conditions of use or for purposes other than those contractually agreed. § 11 Liability … . All system data shall be stored and secured by GEZE in such a way that third parties have as little access as possible to the data. In this respect, the contractual partners may agree specific security measures in the individual contract. If the system data is stored in the customerʼs control area (e.g. on the cockpit hardware), GEZE is entitled to access and release the system data at any time. This claim also applies to the system data beyond the term of the contract; the customer is not entitled to a right of retention of the system data from any legal perspective. The customer is not entitled to obstruct or restrict GEZEʼs access to the system data in any way.
… claims for compensation in specific cases. Nor shall this affect the entitlement to remuneration for the work and services provided by GEZE Service to the contractual partner until termination or cancellation according to the agreed contractual prices. The regulations of clause … Any damage claims made by the contractual partner are subject to the conditions stated in clause 9. GEZE Service reserves the right to prove lesser damages. … per cent. Both contractual parties reserve the right to see evidence of higher or lower storage costs. If GEZE Service stores materials at a service provider or third party premises (e.g. hauliers), GEZE Service may, at its discretion, claim the actual storage costs incurred. … The supplied goods shall remain the property of GEZE Service until payment in full of all claims from the business relationship with the contractual partner. If the value of all security rights to which GEZE Service is entitled exceeds the amount of all secured demands by more than 10%, on the contracting partner’s request GEZE Service will release the corresponding portion of security rights; GEZE Service is entitled to choose between different security rights for the release. Clause … If the article supplied by GEZE Service is permanently connected or mixed with articles from other suppliers or with articles which are the property of the contractual partner, GEZE Service is granted joint ownership of the new article to the amount of the invoice, plus any default interest or claims for damages, if applicable. … As long as the contractual partner is not in delay of payment, he may process and sell articles subject to the retention of title in the regular course of business. Pledges or transfers by way of security are inadmissible. The contractual partner must immediately inform GEZE Service in writing of any pledges, confiscations and other orders or interventions by third parties. On resale subsequent to processing or only proportionate mixing, the contractual partner passes claims against a third party resulting from the resale of goods subject to the retention of title to GEZE Service immediately as security. 7. Acceptance If GEZE Service installs the products supplied at the site of a contractual partner or a third party, joint acceptance shall be performed before the contractual partner or third party starts to use the item. If there is no representative of the contractual partner on site who is authorised to accept at the time of completion, both parties reserve the right to request a joint acceptance of the work and services within an additional period of 12 days from receipt of the notification of the completion by the contractual partner. If an acceptance is not requested or if the contractual partner does not respond to the above notification, the work and services shall be deemed to be accepted upon the expiration of the additional period. If goods and services are used without acceptance or prior written consent from GEZE Service, the performance shall also be deemed to have been accepted. Clauses … If an item supplied by GEZE Service is defective, GEZE Service must, at its own discretion, either repair or replace the item. If the repair or replacement is unsuccessful, the contractual partner may withdraw from the contract or claim a reduction in the price where the defect is substantial. … The costs of testing and subsequent performance, notably transport costs, travel costs, haulage costs, labour and material costs, as well as dismantling and installation costs, shall be borne or refunded by GEZE Service only in accordance with the conditions of the statutory regulations if there is actually a defect. GEZE Service may otherwise claim from the contractual partner reimbursement of the costs incurred from the unjustified rectification request (notably test and travel costs). … GEZE Service shall be unrestrictedly liable for damage claims as per the statutory provisions, if a violation of duty which can be attributed to GEZE Service takes place due to malice or gross negligence. If a breach of duty attributable to GEZE Service is due to simple negligence and if an essential contractual obligation has been culpably breached, the liability for compensation is limited to the foreseeable damages typically occurring in similar cases. Essential contractual obligations include the respective major contractual obligations as well as other contractual (secondary) obligations, which, in the event of culpable violation of duty, may endanger the attainment of the purpose of the contract. All further liability is excluded. However, the complete liability of GEZE Service remains unaffected according to the provisions of the German Product Liability Act. Liability owing to injury caused to life, body and health shall also remain unaffected. Furthermore, the complete liability of GEZE Service remains in full effect in the event of assumption of guarantees or wilful deception by GEZE Service. … Product descriptions, which are the subject of the individual contract or have been openly published by GEZE Service or GEZE GmbH (notably in catalogues or on the GEZE website), serve only to describe products of average size and quality and do not constitute a quality agreement. GEZE Service does not assume any liability for public statements by other third parties (e.g. advertising claims). GEZE Service shall not issue any guarantees in the legal sense (notably quality and durability guarantees according to Section 443 BGB and such like). 10. Limitation … The period of limitation is generally one year, in deviation from Section 438 (1)(3) BGB for claims due to material and defects in title, in deviation from Section 634 a(1)(1) BGB for a work, the success of which lies in the manufacture, service or change to an item or in the provision of planning and monitoring services to this end. … The statutory conditions of Sections 438 (1)(2), 479(1), 634 a)(1)(2) BGB shall remain unaffected. The contractual partner reserves the right of offset only if its counter claim(s) are legally upheld or undisputed. The contractual partner reserves the right of retention only to the extent that the counter claim is based on the same contractual relationship. 15. Force majeure If unforeseeable and no-fault events or circumstances arise, which are neither in GEZE Service's area of influence nor can be prevented by GEZE Service, for example natural disasters, labour disputes, shortages of raw materials and energy, unrest, wars or terrorist conflicts, fire damage, floods, epidemics, pandemics, official measures or all other cases of force majeure, GEZE Service reserves the right to postpone contractual services for the duration of the disruption or to withdraw from the contract in part or in full because of the unfulfilled part of the contract, insofar as GEZE Service has not assumed the procurement risk. Within the framework of what is reasonable, GEZE Service shall inform the contractual partner of the occurrence and – as much as possible – the duration of the events. 16. Data protection and confidentiality … Where the contractual parties are companies, legal persons under public law or owners of public-law special assets, and depending on the value of the claim, the district court of Leonberg or the regional court of Stuttgart shall have exclusive jurisdiction over any dispute between the contractual partner and GEZE Service arising from this contractual relationship. In such cases, GEZE Service may at its discretion also bring an action at the contractual partner’s registered office. The general place of jurisdiction, the place of residence of the debtor, applies to consumers. GEZE Service GmbH Registration court: Stuttgart Local Court, HRB 252569 Version: January 2021
… claims arising from additional work during commissioning by GEZE Service, in particular additional expenses due to missing advance payments and supplements, to GEZE Service GmbH, which has expressly accepted this assignment. The ordering party is aware of said assignment. The ordering party must raise any objections against assigned claims with GEZE Service GmbH as the executing company and holder of the claims. … Any damage claims made by the ordering party are subject to the conditions stated in clause 6. GEZE reserves the right to prove lesser damages. … Any processing or modification of our goods will always be on behalf of GEZE as the manufacturer, however without obligation to us. If the article supplied by GEZE is permanently connected or mixed with articles from other suppliers or with articles which are in the property of the ordering party, GEZE is granted joint ownership of the new article to the amount of the invoice, plus any default interest or claims for damages, if applicable. … Provided our contracting partner is not in payment arrears, he may process and sell articles subject to the retention of title in the regular course of business. Pledges or transfers by way of security are inadmissible. The contracting partner must immediately inform GEZE of any pledges, confiscations and other orders or interventions by third parties. On resale subsequent to processing or only proportionate mixing, the buyer passes claims against a third party resulting from the resale of goods subject to the retention of title to GEZE immediately as security. … If commissioning is not possible due to on-site reasons, even though GEZE has supplied in compliance with the contract, GEZE can claim the additional expenses from the ordering party. … In accordance with statutory provisions, GEZE is liable without limit for damage claims if a breach of duty can be attributed to GEZE on the basis of wilful or gross negligence. If a breach of duty which can be attributed to GEZE takes place due to simple negligence and if an essential contractual obligation has been culpably breached, the liability for compensation is limited to the foreseeable damages typically occurring in similar cases. Essential contractual obligations include the respective major contractual obligations as well as other contractual (secondary) obligations which, in the event of culpable breach of duty, may endanger the attainment of the purpose of the contract. Any further liability is excluded. However, the complete liability of GEZE remains unaffected according to the provisions of the German Product Liability Act. Liability owing to injury caused to life, body and health also remains unaffected. Furthermore, the complete liability of GEZE remains in full effect in the event of assumption of guarantees or wilful deception by GEZE.
… claims of any kind, including damage claims, can be derived and asserted against GEZE GmbH from use of the drawing. The drawing remains the property of GEZE and is only provided to third parties for use during the contractual period. GEZE is exclusively entitled to all the claims resulting from the drawing. This drawing may not be duplicated nor made accessible to third parties without prior agreement by GEZE. DATE TITLE REVISED ON PAGE PAGE
… claims of any kind, including damage claims, can be derived and asserted against GEZE GmbH from use of the drawing. The drawing remains the property of GEZE and is only provided to third parties for use during the contractual period. GEZE is exclusively entitled to all the claims resulting from the drawing. This drawing may not be duplicated nor made accessible to third parties without prior agreement by GEZE.
… claims of any kind, including damage claims, can be derived and asserted against GEZE GmbH from use of the drawing. The drawing remains the property of GEZE and is only provided to third parties for use during the contractual period. GEZE is exclusively entitled to all the claims resulting from the drawing. This drawing may not be duplicated nor made accessible to third parties without prior agreement by GEZE. . DATE TITLE REVISED ON CABLE PLAN REVOLVING DOOR CEILING MOUNTING PAGE
… claims due to the delay. The supplier has the right to prove that the delay did not result in any or significant damage. The compensation is then reduced accordingly. … The suppler is liable for all damage and consequential losses in accordance with statutory regulations. In case of a culpable breach of duty that goes beyond the delivery of defective goods (for instance in the case of an obligation to provide information, advice or examination), GEZE may demand compensation for the resulting consequential damage caused by the defect as well as for the consequential damage caused by the defect reimbursed by the Purchaser to its customer in accordance withby law. The consequential damage resulting from the defect is the damage GEZE has itself suffered to legally protected assets other than the goods themselves, due to the delivery of defective goods. GEZE shall have further legal claims for expenses and damage due to the delivery of defective goods under Sec. 437 BGB, or directly from the regulations mentioned there in accordance with the statutory regulations. … There is no claim for damage if the fault was caused by a violation of operating, maintenance and installation specifications, improper or unsuitable use, incorrect or negligent handling and natural wear and tear, as well as modifications made by GEZE or third parties to the goods delivered. … In case of defective deliveries, GEZE's claims under the Product Liability Act , unlawful actions and general management without contract shall remain unaffected by these regulations. Guarantees of quality and durability must be expressly indicated as such in detail and in writing. Page … If GEZE is held liable by third parties due to a supplier’s product, or is liable for a violation of protected rights, the supplier shall exempt GEZE from such claims on first demand, if and insofar as the damage has been caused by an error of the contractual item delivered by the supplier. The supplier shall insofar bear the onus. GEZE will inform the supplier promptly of any such claims asserted by third parties and shall not settle payments or acknowledge claims without consultation. This regulation shall not apply if the supplier has carried out manufacturing according to samples and drawings provided by GEZE. … If the delays thus caused exceed a period of four weeks, GEZE can withdraw from the contract without any possibility of asserting any claims. … Prohibition of assignment The parties agree that assignment of all claims from this contractual relationship is excluded fo r both the sides. 10 Confidentiality and data protection
… claims or damages in any form can be made against GEZE as a result of the interpretation of this drawing. This drawing remains the property of GEZE and is made available to third parties only for the duration of contractual obligations. All rights connected with this drawing remain in possession of GEZE. This drawing may not be copied or handed over to third parties without the express consent of GEZE. Lichtvorhang GC 339 Not-Stop-Taster (emergency button) Durchgangsbreite (Passageway width) = 1321 Referenzzeichnung reference drawing … (floor ring stainless steel) 300 Verriegelungsklotz mit Abdeckblech (manual locking into floor) 250 Estrich bauseits (concrete by others) 48 bauseits (drainage piping by others) (only local holder) 20 (only local holder) (only local holder) XX.XX.XXXX This drawing shows the actual state of product development at the date of the drawing or the revision date. No claims or damages in any form can be made against GEZE as a result of the interpretation of this drawing. This drawing remains the property of GEZE and is made available to third parties only for the duration of contractual obligations. All rights connected with this drawing remain in possession of GEZE. This drawing may not be copied or handed over to third parties without the express consent of GEZE. Auftrag:XXXXX Angebot: XXXXXX Referenzzeichnung reference drawing … .2017 ep - - 1:2 - 0-002 40 This drawing shows the actual state of product development at the date of the drawing or the revision date. No claims or damages in any form can be made against GEZE as a result of the interpretation of this drawing. This drawing remains the property of GEZE and is made available to third parties only for the duration of contractual obligations. All rights connected with this drawing remain in possession of GEZE. This drawing may not be copied or handed over to third parties without the express consent of GEZE. 40 (manual locking - downwards) 75 70 30 Lichtvorhang GC 339 (light curtain GC 339) (vertical rubbers at closing edges, black) 35 14 Stangenschloss vorbereitet 34 Lichtvorhang GC 339 (light curtain GC 339) 14 local glass holders (glass holder, brushed stainless steel) Fassade / Fassadenanschluss- bauseits (facade / connection to facade by others) 25 Fassade / Fassadenanschluss- bauseits (facade / connection to facade by others) 25 (vertical rubbers at closing edges, black)
… claims if a breach of duty can be attributed to GEZE on the basis of wilful or gross negligence. If a breach of duty which can be attributed to GEZE Service takes place due to simple negligence and if an essential contractual obligation has been culpably breached, the damage claim liability shall be limited to the foreseeable damages typically occurring in similar cases. Essential contractual obligations include the respective major contractual obligations as well as other contractual (secondary) obligations, which, in the event of culpable violation of duty, may endanger the attainment of the purpose of the contract. Any further liability is excluded. However, the complete liability of GEZE Service remains unaffected according to the provisions of the German Product Liability Act. Liability owing to injury caused to life, body and health also remains unaffected. Furthermore, the complete liability of GEZE Service remains in full effect in the event of assumption of guarantees or wilful deception by GEZE Service.
… claims or damages in any form can bei made against GEZE as a result of the interpretation of this drawing. This drawing remains the property of GEZE ansd is made available to third paries only for the duration of contractural obligations. All rights connected with this drawing remain in possession of GEZE. This drawing may not bei copied of handed over to third parties without the express consent of GEZE. Benennung / designation Схема подключения GZ470V, однолучевой световой барьер vertraulich / confidential erstellt/drawn gepr./checked EMPB 03