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Preamble
Article 1 Offers and acceptance of offers
Article 2 Purchase price and payment
Article 3 Delivery
Article 4 Shipping and acceptance
Article 5 Packing
Article 6 Reservation of ownership
Article 7 Warranty rights, obligations of purchaser
with respect to inspection and complaints

Article 8 Liability in caseof consequential damages and other losses
Article 9 Final provisions

 


Article 8 Liability in caseof consequential damages and other losses

a) For losses affecting legally recognised assets of the purchaser, to include his material assets, as a result of deficiencies in the purchased object, inadvertently wrong delivery or packaging, we assume liability subject to the following provisions:

1) With respect to damages which could have been avoided by compliance on the part of the purchaser with inspection obligations, any and all liability toward commercial customers and legal entities is excluded, unless said damages are attributable to malicious intent or gross negligence on the part of our legal representatives. Under the same circumstances, any and all liability toward non-commercial customers is similarly excluded, unless the damages in question are attributable to malicious intent or gross negligence on our part.

2) To the extent damages are incurred despite the purchaser's compliance with inspection obligations, we shall be liable toward both, commercial and non-commercial purchasers only for damages resulting from deliberate or grossly negligent breach of contract.

b) For damages other than those described above, we shall be held liable - regardless of the basis for liability - only in cases where said damages are the result of malicious intent or gross negligence on our part or on the part of persons/organizations engaged to provide services on our behalf.

c) We shall not be liable for unsuitability of specific goods for the purposes intended by the purchaser. With respect to consultation, information or recommendations provided by us with respect to matters of application and use, we shall be liable for the negligent provision of incorrect advice, information or recommendations only if provided in writing.

d) All claims filed under this Art. 8 become null and void six months after the date of the actions resulting in the damages in question. This does not apply to claims caused by criminal behaviour.