VII Claims and rights due to defects, liability, statute of limitations

1. The customer must inspect the delivered goods immediately upon receipt with reasonable thoroughness for recognizable defects, functionality, suitability for purpose, correctness of quantity, weight and size, insofar as a commercial transaction exists for both contracting parties, and notify us in writing of any corresponding complaints within 5 working days. In the event of a breach of the obligation to inspect and give notice of defects, the delivery or service shall be deemed to have been approved with regard to the defect in question, unless it is a defect that was not recognizable during the inspection. The customer must notify us in writing of any (hidden) defects that only become apparent at a later date within 10 working days of the defect becoming apparent.

2. If warranty claims are asserted, FGW Sachsen GmbH must be given the opportunity to inspect the goods. In the event of justified notices of defects, FGW Sachsen GmbH shall initially provide warranty for defects in the goods at its own discretion by repair or replacement delivery, for which FGW Sachsen GmbH shall be granted the time and opportunity required at its reasonable discretion. The replacement delivery may be limited to partial performance or defective assemblies or parts. The customer shall only be entitled to further statutory rights (rescission or reduction, compensation for damages or expenses) if the subsequent performance has failed or is unreasonable.

3. The liability for defects does not apply to damage caused by lack of or negligent handling by the customer or force majeure.

4. If components manufactured by FGW Sachsen are used or installed in other systems, the liability for defects shall only extend to the component supplied.

5. The customer is obliged to minimize any damage incurred by him.

6. FGW Sachsen GmbH shall not be liable for damages that have not occurred to the subject matter of the contract itself; in particular, Freitaler Geräte- und Werkzeugbau GmbH shall not be liable for indirect and consequential damages such as business interruptions, loss of profit and loss of production or for other financial losses of the customer. Insofar as the liability of FGW Sachsen GmbH is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

7. The above limitation of liability shall not apply if the cause of the damage is based on intent or gross negligence. Furthermore, it shall not apply if the customer asserts claims under the Product Liability Act, claims due to the absence of a warranted characteristic or claims for damages due to non-performance. The same shall apply in the event of initial incapacity or impossibility for which we are responsible. The above limitation of liability shall also not apply in the event of injury to life, limb or health or in the event of claims for breach of material contractual obligations, i.e. obligations arising from the nature of the contract and the breach of which jeopardizes the achievement of the purpose of the contract (cardinal obligations).

8. In the event of a simple negligent breach of obligations essential for the performance of the contract ("cardinal obligations"), FGW Sachsen GmbH's liability shall be limited to compensation for typical, foreseeable damage; in the event of a negligent breach of obligations other than cardinal obligations, FGW Sachsen GmbH's liability shall be excluded. This shall not apply in the event of injury to life, limb or health.

9. The above provisions of this clause VII. shall also apply to claims under § 478 BGB (recourse of the reseller against the supplier).

10. For third-party products, FGW Sachsen GmbH assigns to the customer the warranty claims against the supplier of the third-party product. The customer accepts the assignment in lieu of performance. If the customer is unable to enforce its warranty claims against the supplier because the latter is unable to perform, FGW Sachsen GmbH's warranty obligation shall be revived.

11. To the extent permitted by law, the liability of FGW Sachsen GmbH shall be limited to the risk insured by it.
    FGW Sachsen GmbH has taken out public liability insurance with a sum insured for property damage of EUR 5,000,000 per insured event.
    FGW Sachsen GmbH shall be liable in the event of a breach of non-essential contractual obligations for property damage and financial losses for which it is responsible up to an amount of EUR 5,000,000 per loss event and only to the extent that the business liability insurance it maintains provides cover for the respective loss.
    Insofar as the manufacture of a component was owed here, FGW Sachsen GmbH shall be liable up to the amount of the percentage share of the manufacturing costs of the component in the total manufacturing costs of the overall project, up to a maximum of the extent to which the public liability insurance it maintains provides cover for the respective damage.

12. In all other respects, the contracting parties shall be liable to each other in accordance with the statutory provisions.

13. Subject to any shorter statutory limitation period, claims against FGW Sachsen GmbH shall become statute-barred 2 years after the transfer of risk or from the beginning of the regular limitation period under Section 199 (1) BGB, which is dependent on knowledge. Claims for damages are subject to a limitation period of 4 years irrespective of knowledge. This does not apply to claims for which a longer limitation period is prescribed by law.

14. Reductions in the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty on the part of the Contractor or in the event of injury to life, limb or health based on an intentional or negligent breach of duty on the part of the Contractor. The statutory limitation periods shall apply.

VIII. Offsetting and right of retention

Claims of FGW Sachsen may only be offset or a right of retention asserted against undisputed or legally established claims and counterclaims arising from the same contractual relationship.

IX. Extended reservation of title and processing

1. The goods shall remain the property of FGW Sachsen GmbH until all outstanding claims of FGW Sachsen GmbH against the customer have been paid in full. If the customer is in default of payment, FGW Sachsen GmbH shall be entitled to rescind the contract and take back the goods. The customer shall not be permitted to resell the goods, pass them on to third parties, pledge them or assign them as security. FGW Sachsen GmbH shall release the securities to which it is entitled to the extent that their total sales value exceeds the sum of all outstanding claims of FGW Sachsen GmbH arising from the business relationship by more than 10 % (by more than 50 % if there is a realization risk).

2. However, the customer may install the goods. If the item is combined with other goods not owned by FGW Sachsen GmbH, FGW Sachsen GmbH shall acquire co-ownership of the new item in proportion to the value of the processed item to the new item at the time of processing. If the new item is to be regarded as the main item, the customer shall transfer the pro rata co-ownership of this item to FGW Sachsen GmbH. The same shall apply in the event of mixing.

3. As long as ownership has not yet been transferred to the customer, the customer undertakes to treat the reserved goods with care and to insure them adequately at replacement value against fire, water damage and theft at his own expense.

4. FGW Sachsen GmbH revocably authorizes the customer to collect the claims assigned to FGW Sachsen GmbH for its account in its own name. This shall not affect FGW Sachsen GmbH's right to collect the claims itself. However, FGW Sachsen GmbH shall not collect the claims itself and shall not revoke the direct debit authorization as long as the customer duly meets its payment obligations.

5. If the customer acts in breach of contract vis-à-vis FGW Sachsen GmbH, in particular if he defaults on his payment obligations, FGW Sachsen GmbH may demand that the customer discloses the assigned claims and the respective debtors, informs the respective debtors of the assignment and hands over to FGW Sachsen GmbH all documents and provides all information required by FGW Sachsen GmbH to assert the claims.

X. Cancellation of order

If the customer cancels the order without FGW Sachsen GmbH having given him good cause to do so, or if the customer declares the withdrawal from the contract for reasons for which he is responsible, the customer undertakes to reimburse the costs already incurred and, in addition, the loss of profit with a lump sum of max. 20 % of the agreed remuneration for the work. The customer reserves the right to prove that costs and profit have not been incurred or have not been lost in this amount. Thereafter, only the proven amount shall be charged.

XI. Data processing

FGW Sachsen GmbH shall be entitled to process the customer's personal data in accordance with the statutory provisions, in particular the European General Data Protection Regulation and the German Federal Data Protection Act. FGW Sachsen GmbH shall not be entitled to sell such data. FGW Sachsen GmbH collects, processes and uses customer data exclusively in accordance with the provisions of the relevant laws. The corresponding data protection declaration is available at www.fgw-sachsen.de available.

XII. Company logo, photographs

FGW Sachsen GmbH shall be entitled to affix a company or other mark to the products manufactured accordingly. Photographs of the various projects or works may not be taken by FGW Sachsen GmbH for advertising purposes without the express consent of the customer. However, photographs may be taken for internal use.

XIII Final provisions

1. Agreements deviating from these terms and conditions shall only be legally binding if they have been confirmed in writing by FGW Sachsen GmbH.

2. This contract shall be governed exclusively by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the standards of private international law referring to it.

3. The place of jurisdiction for all disputes arising from the contractual relationship and the place of performance shall be the registered office of FGW Sachsen GmbH, i.e. Freital, if the customer is a merchant or a legal entity under public law. The same shall apply if the customer has no general place of jurisdiction in Germany.