General Terms and Conditions of Sale and Delivery of WEKAL Maschinenbau GmbH

  1. General – Scope

    1. The following terms and conditions of delivery and payment shall apply exclusively to the entire business relationship with our buyers and shall also apply to all future transactions with the buyer. Deviating or supplementary terms and conditions of our purchasers are not binding on us unless we have expressly recognised them, even if we do not expressly object to them or carry out the delivery without reservation in the knowledge of conflicting terms and conditions of the purchaser.
    2. These terms and conditions shall only apply to entrepreneurs, legal entities under public law and special funds under public law.
    3. Our travellers, agents or representatives do not have power of attorney to conclude contracts. Agreements made with them shall only become binding after our written confirmation.
  2. Quotations

    1. Our quotations are always subject to change unless otherwise stated in the order confirmation.
    2. Delivery periods are only approximate, unless WEKAL has agreed to binding delivery periods in writing.
    3. Prices are based on the conditions on the day of the quotation. Sales prices shall only be deemed to be fixed prices if WEKAL agrees to them in writing.
    4. The dimensions, weights, illustrations, descriptions and other information given in our catalogues, brochures, price lists or estimates and other documents shall only serve as a guideline and shall only become a binding part of the contract if we have expressly agreed to this in writing. Samples and specimens shall be considered as approximate illustrative pieces for quality, dimensions and colour.
  3. Orders

    1. Orders shall only be deemed accepted when they have been confirmed by us in writing. If no such order confirmation has been issued, our delivery execution, the delivery note or the goods invoice shall apply. Verbal agreements require written confirmation from us. The buyer is bound to his order for one month.
    2. Requests of the purchaser for subsequent modification or cancellation of the order can exceptionally only be taken into account as long as the production, cutting, processing or ordering of the necessary material has not yet been started.
    3. Statements of condition and durability shall only be deemed to be guarantees if they are expressly designated as such. The same applies to the assumption of a procurement risk.
    4. The written order confirmation from WEKAL shall be decisive for the type and scope of the service. WEKAL is entitled to partial performance insofar as it is reasonable for the buyer.
  4. Prices

    1. Our prices are ex works, excluding packaging, customs, insurance, shipping costs and VAT without any deduction.
    2. Should cost reductions or cost increases occur after conclusion of the contract, in particular due to wage increases or changes in the price of materials, we reserve the right to adjust the price accordingly. We will prove the change in costs to the buyer upon request.
    3. Our prices do not include value added tax, which is shown separately in the invoices. The amount of VAT shall be based on the statutory tax rate applicable on the date of delivery.
    4. We also reserve the right to recalculate in a manner reasonable for the buyer in the event that the subject matter of the contract has been provided with technical improvements compared to the time of contract.
  5. Payments

    1. Unless otherwise agreed, the invoice amounts are payable within 14 days of the invoice date free of charges and without any deductions. We are only bound to a discount agreement in the event of cash payment or bank transfer within 10 days of the invoice date. Furthermore, it only applies if no older due invoices are unpaid in whole or in part. No discount shall be granted on freight, packaging, etc.
    2. In the event of default in payment, interest shall be due at a rate of 8% above the respective base rate § 247 German Civil Code (BGB). The right to prove further damage caused by delay is reserved. Incoming payments from the customer shall – unless otherwise agreed – redeem the liabilities in the order in which they arose.
    3. There is no obligation to accept bills of exchange. If bills of exchange are accepted, the corresponding claim shall not be deemed to be deferred. The costs incurred in connection with the payment by bill of exchange shall be borne by the buyer. WEKAL reserves the right to assert the claim on which the bill of exchange is based at any time concurrently with the return of the bill of exchange.
    4. After the unsuccessful expiry of a reasonable grace period, WEKAL shall be entitled to perform outstanding services only against advance payment or to make them dependent on the provision of security if the buyer is in default with agreed payment terms or if circumstances exist which, when applying customary banking standards, give rise to doubts about the buyer's solvency. In addition, we are entitled to make our claims due and payable and to demand securities, irrespective of the term of any bills of exchange. This also applies to deferred claims.
    5. The buyer may only set off or withhold payment against claims which are undisputed in writing or which have been finally determined by a court of law.
    6. So-called warranty and guarantee retentions of the buyer claimed in advance are excluded.
    7. Employees, travellers or representatives of our company have no power of collection unless we have given express written instructions to do so.
  6. Delivery times and delay in delivery

    1. The delivery periods are only approximate unless they have been expressly promised in writing as binding. They shall commence with the dispatch of our order confirmation, but not before clarification of all questions necessary for the execution of the order or the provision of the advance payment to be made by the buyer on his part, if such has been agreed. If we supply the buyer against advance payment, the stated delivery period shall only commence upon receipt of the advance payment amount. Subsequent changes requested by the buyer shall result in an interruption of the delivery period. After notification of the desired change, the time limit shall start to run again.
    2. Any period of grace to be granted to us by the buyer shall be at least one month.
    3. Delays in delivery and performance due to force majeure and due to events whose causes are outside our sphere of influence shall entitle us to postpone the delivery or performance for the duration of the hindrance plus a reasonable start-up period. This also applies if such events occur at our suppliers or during an already existing delay. If the impediment lasts longer than three months, the buyer as well as WEKAL are entitled to withdraw from the contract with regard to the part not yet fulfilled. We shall inform the buyer as soon as possible of the beginning and end of such impediments.
    4. In the event that the buyer is in arrears with the payment of earlier deliveries from a current business relationship, we are entitled to refrain from further deliveries, whereby any expenses incurred by the buyer shall be borne by him.
    5. If the customer is in default of acceptance or culpably violates other duties to cooperate, WEKAL shall be entitled to demand compensation for the damage incurred in this respect, including any additional expenses. We reserve the right to assert further claims.
  7. Packaging and shipping

    1. The packaging is carried out according to customary commercial aspects at our discretion. It will be charged at cost and will not be taken back.
    2. We endeavour to choose the best possible shipping method from our point of view, unless a specific shipping method has been agreed. If additional costs are incurred due to a shipping method prescribed by the buyer, these shall be borne by the buyer.
    3. Our deliveries are ex works, excluding packaging. The costs for packaging and for the transfer of our deliveries ex works to the place of delivery shall be borne by the buyer.
  8. Transfer of risk

    1. The risk is transferred to the buyer as soon as the goods leave our factory or our warehouse. This also applies if we have assumed additional services such as loading, transport or unloading. If performance is delayed due to circumstances for which the buyer is responsible, the price risk shall pass to the buyer on the day of notification of readiness for delivery. In this case, we are entitled to store the goods at the buyer's expense and risk at our own discretion and to invoice them as delivered ex works. At the buyer's request, we will insure the respective consignment against theft, breakage, transport, fire and water damage at the buyer's expense.
  9. Warranty, obligations of the buyer, reimbursement of expenses and liability

    1. Warranty claims of the buyer presuppose that he has duly fulfilled his statutory duties of inspection and notification of defects. In the event of obvious defectiveness or incompleteness of the goods, complaints must be notified to us in writing within 2 weeks of arrival of the performance at the destination, stating the exact nature of the defect and the invoice number. At our request, receipts, samples, packing slips and/or the defective goods shall be returned to us. Claims of the buyer due to defectiveness or incompleteness of the performance are excluded if he does not fulfil this obligation.
    2. Should the goods be defective, we may, at our discretion, remedy the defects within a reasonable period of time or provide a replacement free of defects as supplementary performance. Only if this should repeatedly fail or be unreasonable and it is not only a matter of insignificant defects shall the buyer be entitled to withdraw from the contract or to reduce the purchase price in accordance with the statutory provisions. § Section 478 German Civil Code (BGB) remains unaffected. The buyer shall be entitled to claims for damages in accordance with section IX.4.
    3. Any advertising statements made by the buyer to its purchasers or in its advertising materials which are not authorised by us in advance shall not constitute grounds for any claims for defects against us.
    4. We shall be liable without limitation under the Product Liability Act, in cases of express assumption of a guarantee or a procurement risk as well as for intentional or grossly negligent breaches of duty. We shall also be liable without limitation in the event of intentional or negligent injury to life, limb or health. We shall only be liable for property damage and financial loss caused by slight negligence in the event of a breach of material contractual obligations (cardinal obligations), but limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract.
    5. Claims for compensation for damage of any kind resulting from improper handling, modification, assembly and/or operation of the delivery items or from incorrect advice or instruction by the buyer are excluded unless we are responsible for them. This applies in particular if repair work was not carried out by WEKAL. We are not liable for defects resulting from the behaviour of the material when processing material sent in. If parts sent in become unusable during processing due to material defects or other defects in the material sent in, the processing costs incurred shall be reimbursed to us irrespective of this.
    6. If the buyer is entitled to claim damages instead of performance or to withdraw from the contract, he must declare at our request within a reasonable period of time whether and how he will make use of these rights. If he does not declare himself in due time or if he insists on performance, he shall only be entitled to exercise these rights after the fruitless expiry of a further reasonable grace period.
    7. Claims due to defects shall become statute-barred 12 months after the transfer of risk. This applies accordingly to defects of title. In the event of intentional breaches of duty, claims arising from tort, the absence of guaranteed characteristics, the assumption of procurement risks and personal injury, the statutory limitation periods shall apply. If the service is intended for a building and has caused its defectiveness, the warranty period shall be five years. §§ Sections 438 para. 3, 479 and 634 a para. 3 German Civil Code (BGB) remain unaffected.
    8. If the purchaser sends us the delivery item or parts of the delivery item for repair and we establish that the notification of defects is unjustified and warranty claims do not exist, we shall request the purchaser to collect the delivery item within a period of 6 weeks after receipt of the notification or to declare to us in writing that it is to be returned or repaired. In doing so, we point out to the buyer that if we do not receive any written notice from him within this period, we are then entitled to scrap the delivery item at his expense. Shipment and repair of the delivery item shall be carried out at the expense of the purchaser in the event of unjustified notification of defects.
    9. Any further liability for damages than provided for in the preceding paragraphs of this clause IX is excluded – regardless of the legal nature of the asserted claim.
    10. The above limitations of liability shall also apply in terms of reason and amount in favour of our legal representatives, employees and other vicarious agents.
  10. Retention of title

    1. We retain title to all goods delivered until the buyer has fulfilled all current and future obligations arising from the business relationship with us in full. This shall also apply if payments are made on specially designated claims. In the case of a current account, the goods subject to retention of title shall be deemed security for the balance claim.
    2. Treatment and processing of the goods subject to retention of title shall be carried out for us as manufacturer within the meaning of § 950 German Civil Code (BGB) without obligating us. The processed goods shall be deemed to be goods subject to retention of title within the meaning of these terms and conditions. If the reserved goods are processed or inseparably mixed/combined with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the invoice value of the other items used at the time of processing or mixing/combining. If the goods subject to retention of title are combined or inseparably mixed with other objects not belonging to us to form a uniform object and if this object is to be regarded as the main object, the buyer hereby assigns to us pro rata co-ownership insofar as the main object belongs to him. The buyer shall keep the property thus created in safe custody for us free of charge.
    3. Until our revocation, which is permissible at any time and without special justification, the buyer is entitled to resell, process or transform the reserved goods in the ordinary course of business. Resale in this sense also includes installation in land or in installations connected to buildings or use for the performance of other contracts. In the event of resale, the purchaser hereby assigns to us his purchase price claims against his purchasers arising from such a sale. If the goods subject to retention of title are sold by the buyer together with other items not supplied by us, the assignment shall only apply to the amount of the values of the goods subject to retention of title sold in each case as stated in our invoice. In the event of the resale of items in which we have co-ownership shares in accordance with clause X.2, the assignment shall apply in the amount of these co-ownership shares. The assigned claims serve as security to the same extent as the reserved goods. If the assigned claim is included in a current account, the buyer hereby assigns to us a balance from the current account corresponding to the amount of this claim. The buyer is entitled to collect the claim assigned to us until our revocation, which is permissible at any time and without special justification. At our request, he shall be obliged to notify his purchasers of the advance assignment to us – unless we do so ourselves – and to provide us with the information and documents required to assert the claim.
    4. If the value of the securities existing for us exceeds our claim by more than 10 % in total, we shall release securities of our choice to this extent at the request of the buyer.
    5. The buyer is not entitled to dispose of the goods subject to retention of title in any other way (pledging, transfer by way of security) or to make any other assignment of the claims referred to in clause X.3. In the event of seizure or confiscation of the goods subject to retention of title, the buyer must point out our ownership and inform us immediately.
    6. If the buyer is in default of payment or if our claims are endangered by deterioration of the buyer's creditworthiness, we are entitled to take back the reserved goods after unsuccessful expiry of a grace period set by us, even if we have not withdrawn from the contract. We shall then also be entitled to sell the reserved goods on the open market or have them auctioned off. The buyer is liable for our default claim.
    7. As long as we retain title to our deliveries, the buyer shall adequately insure the products delivered to him at his own expense against loss through theft, fire, water and for similar cases and shall provide us with evidence of such insurance policies upon request.
    8. During the period of retention of title, the buyer shall be obliged to keep the contractual items in proper condition and to have any necessary repairs carried out by us immediately – except in cases of emergency – at his own expense.
  11. Copyright

    Illustrations, drawings, sketches, software and other documents may not be used elsewhere and may not be made accessible to third parties without our consent. They shall be surrendered immediately upon request.
  12. Data protection

    1. For the purpose of fulfilling and implementing the contractual relationship, we collect personal data of the respective contact person of the Buyer pursuant to Art. 6 (1) item b and f EU-GDPR and process it in accordance with the provisions of the European Data Protection Regulation and the German Federal Data Protection Act.
    2. The data is stored for the duration of the business relationship as well as for the period of commercial and tax retention periods, usually ten years from the end of the calendar year in which the respective exchange of services took place. After this period, we will immediately destroy or delete the data.
    3. For the period of storage, the person concerned is entitled at any time to request information about his or her data stored by us.
    4. In addition, the data subject may at any time request the correction or deletion of individual personal data as well as a restriction of the data processing or object to the data processing, insofar as this does not conflict with our legitimate interest in continuing the data processing, in particular against the background of the performance of the contract as well as the above-mentioned commercial and tax retention periods. In addition, the data subject has a right to data portability. The further rights of the data subject arise from Art. 15-23 EU GDPR (cf. in detail under www.wekal.de/datenschutz).
    5. The data subject has the right to complain to the competent supervisory authority if he or she considers that the processing of his or her personal data is not lawful.

      The address of the supervisory authorities responsible for us are for

      WEKAL Maschinenbau GmbH in Fritzlar:

      Hessian Commissioner for Data Protection and Freedom of Information, Prof. Dr Michael Ronellenfitsch, anteroom: Ms Treisbach,
      P.O. Box 31 63, 65021 Wiesbaden, Germany, telephone: +49 611 1408 - 0, fax: +49 611 1408 - 611,
      Email contact via: datenschutz.hessen.de.

      or

      WEKAL Maschinebau GmbH in Lichtenstein:

      Saxon Data Protection Commissioner, Mr Andreas Schurig,
      P.O. Box 12 00 16, 01001 Dresden, Telephone: +49 351 493 - 5401, Fax: +49 351 493 - 5401,
      Email contact via: datenschutz.sachsen.de.
  13. Place of jurisdiction, choice of law and place of performance

    1. The place of jurisdiction for all claims of the contracting parties, also for actions on bills of exchange, documents and cheques, shall be the registered office of the WEKAL plant with which the contract was concluded. For Wekal Maschinenbau GmbH Fritzlar the place of jurisdiction is Fritzlar; for WEKAL Maschinenbau GmbH Lichtenstein it is Hohenstein-Ernsttal. In the event of disputes with a value of more than 5,000.00 euros, the place of jurisdiction for WEKAL Maschinenbau GmbH Fritzlar shall be Kassel and for Wekal Maschinenbau GmbH Lichtenstein it shall be Chemnitz. However, we are also entitled to sue the buyer at his general or special place of jurisdiction.
    2. The law of the Federal Republic of Germany applicable to the legal relationships of domestic contractual partners shall apply without exception; the application of the UN Convention on Contracts for the International Sale of Goods is hereby excluded.
    3. The place of performance shall be the place of the supplying plant, for the purchaser's obligation to pay Fritzlar or Lichtenstein.

General Terms and Conditions of Purchase for WEKAL Maschinenbau GmbH

  1. General – Scope

    1. The following terms and conditions of purchase shall only apply to entrepreneurs within the meaning of § 310 I German Civil Code (BGB).
    2. Our Terms and Conditions of Purchase shall apply to all contracts concluded and orders placed between us and our contractual partners – hereinafter referred to as PURCHASERS – for the delivery of goods, in particular also machines and plant components, as well as for the performance of services, in particular also assembly and monitoring services during commissioning – hereinafter referred to overall as DELIVERY.
    3. They shall also apply to all future business relations, even if they are not expressly agreed again.
    4. Deviating or supplementary terms and conditions of our PURCHASERS shall not be binding on us unless we have expressly acknowledged them, even if we do not expressly object to them or accept the DELIVERY of the PURCHASER without reservation in the knowledge of conflicting terms and conditions of the PURCHASER.
    5. All agreements made between us and the PURCHASER in connection with the purchase contract are set out in writing in this contract and our Terms and Conditions of Purchase. It is open to the PURCHASER to provide evidence that other oral agreements have been made.
  2. Conclusion of contract – documents relating to the order – confidentiality

    1. If the PURCHASER does not accept our order within 10 days, we shall no longer be bound by it.
    2. Quotations of the PURCHASER shall be made free of charge for us.
    3. We reserve our possession and copyright of the models, drawings, tools, calculations and other documents relating to the delivery provided to the PURCHASER. These items and documents may not be made accessible to third parties without our prior written consent; they are to be used exclusively for the execution of the DELIVERY and are to be returned to us without being requested after its completion. The PURCHASER shall have a duty of confidentiality with regard to these documents, which shall also apply after the contract has been completed. It shall expire if and to the extent that the manufacturing knowledge contained in the documents provided has become generally known.
    4. If the PURCHASER does not accept our order within the period pursuant to II. 1., the documents relating to the DELIVERY shall be returned to us without delay at the expense of the PURCHASER.
  3. Prices – Terms of payment – Assignment

    1. The price stated by us in the order is binding and applies free shipping address, unless otherwise agreed in writing between the parties. The packaging costs and all other costs of delivery are included in the price.
    2. The statutory value added tax is included in the price.
    3. We can only process invoices if they state the order number shown in our order, in accordance with the specifications in our order. The PURCHASER shall be responsible for all consequences arising from non-compliance with this obligation, unless he can prove that he is not responsible for them.
    4. Payment shall be made by bank transfer or cheque after acceptance of the DELIVERY, as well as after receipt of an invoice verifiable in accordance with III. 3., at our discretion either within 14 days of receipt of the invoice less 3% discount or within 30 days net.
    5. The PURCHASER is not entitled to assign his claims against us to third parties with the exception of the scope of application of § 354 a German Commercial Code (HGB).
  4. Delivery Periods – Default – Contractual Penalty

    1. The delivery period or delivery date specified by us in the order shall be binding for the PURCHASER.
    2. The PURCHASER is obliged to inform us immediately if circumstances arise or become apparent to him which indicate that the stipulated delivery time cannot be met.
    3. In the event of a delay in delivery, we shall be entitled to the statutory claims. In particular, we are entitled to demand compensation, instead of performance and withdrawal after the fruitless expiry of a reasonable period. If we claim damages, the PURCHASER shall be entitled to prove that he is not responsible for the breach of duty.
    4. In addition to the contractually agreed partial deliveries, partial and early DELIVERIES may only be made if we have expressly agreed to them. This shall not constitute a claim for early payment.
    5. If the PURCHASER is in default with a partial delivery, we shall be entitled to the rights set out in III.3. with regard to the entire performance.
    6. If we agree on contractual penalties with the PURCHASER in the event that the latter does not fulfil his obligation or does not fulfil it in a proper manner, in particular not at the specified time, we may demand the forfeited penalty as the minimum amount of damages, without prejudice to the assertion of further damages.
  5. Place of performance – Transfer of risk – Acceptance – Transport packaging

    1. The place of performance for the DELIVERY shall be the factory specified in our order, unless we expressly provide for a different shipping address for the DELIVERY of the PURCHASER in our order – hereinafter collectively referred to as the PLACE OF DELIVERY. Delivery shall be made to the place of delivery, properly packed for transport and carriage paid.
    2. If it has been contractually agreed that an acceptance has to take place, the risk shall pass with the final acceptance in our plant, or with the final acceptance at the place of delivery specified by us in the shipping address.
    3. The PURCHASER is obliged, without prejudice to his legal and official obligations, to take back the transport packaging of the DELIVERY at his own expense at the place of delivery or to have it taken back by a third party commissioned by him; he shall indemnify us against all claims which are directed against us on the grounds of or in connection with the possession and use of the transport packaging.
  6. Warranty – Liability – Limitation period

    1. In cases where no acceptance has been agreed, we are obliged to inspect the goods for deviations in quality and quantity within a reasonable period of time in accordance with § 377 of the German Commercial Code (HGB); the complaint shall be deemed to have been made in good time if it is received by the PURCHASER within a period of 10 working days, calculated from receipt of the goods or, in the case of hidden defects, from discovery.
    2. If the DELIVERY is not intended for us but for a customer of ours to whom we have resold the DELIVERY, the period for giving notice of defects shall be deemed to have been complied with within the meaning of Section 377 of the German Commercial Code (HGB) if the customer notifies us of the defect within the period for giving notice of defects specified in VI.1 and we then immediately forward the notice of defects to the PURCHASER.
    3. We are entitled to the statutory claims for defects with regard to the DELIVERIES, without these being limited or excluded in terms of reason or amount.
    4. If the PURCHASER is aware or if he should have assumed under the circumstances that we will transport the DELIVERY to another location, the location of our construction site, after delivery at the LOCATION, the place of performance for the claim for subsequent performance under § 439 German Civil Code (BGB) is the location of our construction site. If the PURCHASER incurs increased expenses due to the transfer to another location during the subsequent performance, these shall be borne by the PURCHASER. The PURCHASER shall not be entitled to a right of refusal in this respect pursuant to § 439 III German Civil Code (BGB).
    5. For its DELIVERIES, the PURCHASER shall, as a minimum requirement, comply with the rules of technology recognised at the time of the DELIVERY as well as all public and private law regulations relating to the DELIVERY as amended from time to time.
    6. If the PURCHASER knows or must assume according to the circumstances that we will ship the DELIVERY abroad or use it there, he must inform us of the provisions we must observe when exporting.
    7. We are entitled to remedy the defect ourselves at the cost of the PURCHASER if there is imminent danger or special urgency and it is unreasonable for us to wait for the PURCHASER to remedy the defect.
    8. Unless a longer statutory period is provided for by law, the limitation period shall be 36 months calculated from the date of delivery.
    9. Rectification or new delivery of a defective item shall be deemed to be an acknowledgement within the meaning of § 212 I no. 1 German Civil Code (BGB).
    10. If we notify a defect in the purchased item and demand subsequent performance, the limitation period shall be suspended as a result.
    11. In cases where acceptance has been agreed, the limitation period shall commence with final acceptance in our works, or with final acceptance at the place of delivery specified by us in the shipping address.
  7. Resignation

    1. We reserve the right to withdraw from the contract in whole or in part if insolvency proceedings are opened against the PURCHASER. It is possible for us to withdraw from the contract if insolvency proceedings are applied for, even if the PURCHASER is not yet in default, if we must be able to rely on the performance of the PURCHASER in connection with the ordered goods even before the due date and it is unreasonable for us to wait until the default occurs.
    2. Events of force majeure or obstacles for which we are not responsible and which make the acceptance or use of the delivery or service in our company or at our customer's impossible or substantially more difficult shall suspend our acceptance obligation. If the hindrance lasts longer than three months, the PURCHASER as well as we shall be entitled to withdraw from the contract or from the part of the contract not yet fulfilled. We will inform the seller as soon as possible of the beginning and end of the reasons for the hindrance.
  8. Product liability – Indemnification – Liability insurance cover

    1. Insofar as the PURCHASER is responsible for product damage, it shall be obliged to indemnify us against claims for damages by third parties upon first request, insofar as the cause lies within its sphere of control and organisation and it is itself liable in relation to third parties.
    2. Within the scope of its liability for cases of damage within the meaning of Paragraph I, the PURCHASER shall also be obliged to reimburse any expenses pursuant to §§ 683, 670 German Civil Code (BGB) as well as pursuant to §§ 830, 840, 426 German Civil Code (BGB) arising from or in connection with a recall action carried out by us. We will inform the PURCHASER about the content and scope of the recall measures to be carried out – as far as possible and reasonable – and give him the opportunity to comment. Other statutory claims shall remain unaffected.
    3. The PURCHASER undertakes to maintain a product liability insurance with an insured sum of € 5 million per personal injury/property damage – lump sum; if we are entitled to further claims for damages, these shall remain unaffected.
    4. Clauses VII. 1.-3. apply with regard to the violation of domestic as well as foreign product liability rules.
  9. Property rights

    1. The PURCHASER warrants that the DELIVERY, as well as in connection with it, does not infringe any rights of third parties at home or abroad.
    2. If a claim is made against us by a third party in this respect, the PURCHASER shall be obliged to indemnify us against such claims upon first written request.
    3. The PURCHASER's indemnification obligation relates to all expenses necessarily incurred by us from or in connection with the claim by a third party.
    4. The limitation period for these claims is 10 years. It begins with the conclusion of the respective contract.
  10. Data protection

    1. For the purpose of fulfilling and implementing the contractual relationship, we collect personal data of the respective contact person of the Buyer pursuant to Art. 6 (1) item b and f EU-GDPR and process it in accordance with the provisions of the European Data Protection Regulation and the German Federal Data Protection Act.
    2. The data is stored for the duration of the business relationship as well as for the period of commercial and tax retention periods, usually ten years from the end of the calendar year in which the respective exchange of services took place. After this period, we will immediately destroy or delete the data.
    3. For the period of storage, the person concerned is entitled at any time to request information about his or her data stored by us.
    4. In addition, the data subject may at any time request the correction or deletion of individual personal data as well as a restriction of the data processing or object to the data processing, insofar as this does not conflict with our legitimate interest in continuing the data processing, in particular against the background of the performance of the contract as well as the above-mentioned commercial and tax retention periods. In addition, the data subject has a right to data portability. The further rights of the data subject arise from Art. 15-23 EU GDPR (cf. in detail under www.wekal.de/datenschutz).
    5. The data subject has the right to complain to the competent supervisory authority if he or she considers that the processing of his or her personal data is not lawful.

      The address of the supervisory authorities responsible for us are for

      WEKAL Maschinenbau GmbH in Fritzlar:

      Hessian Commissioner for Data Protection and Freedom of Information, Prof. Dr Michael Ronellenfitsch, anteroom: Ms Treisbach,
      P.O. Box 31 63, 65021 Wiesbaden, Germany, telephone: +49 611 1408 - 0, fax: +49 611 1408 - 611,
      Email contact via: datenschutz.hessen.de.

      or

      WEKAL Maschinebau GmbH in Lichtenstein:

      Saxon Data Protection Commissioner, Mr Andreas Schurig,
      P.O. Box 12 00 16, 01001 Dresden, Telephone: +49 351 493 - 5401, Fax: +49 351 493 - 5401,
      Email contact via: datenschutz.sachsen.de.
  11. Place of jurisdiction – Choice of law – Exclusion of the UN Convention on Contracts for the International Sale of Goods

    1. If the PURCHASER is a merchant, our place of business shall be the place of jurisdiction for all disputes arising in connection with the contract. For WEKAL Maschinenbau GmbH Fritzlar the place of jurisdiction is Fritzlar for Wekal Maschinenbau GmbH Lichtenstein it is Hohenstein-Ernsttal. In case of disputes with a value of more than € 5000, the place of jurisdiction for WEKAL Maschinenbau GmbH Fritzlar Kassel and for WEKAL Maschinenbau GmbH Lichtenstein is Chemnitz
    2. However, we are also entitled to sue the PURCHASER at its general or a special place of jurisdiction, at our discretion.
    3. The place of jurisdiction according to X.1 shall also apply if the PURCHASER has no general place of jurisdiction in Germany.
    4. In the case of foreign transactions, German law shall apply exclusively.
    5. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.