General Terms and Conditions of Purchase and Supply of miho Inspektionssysteme GmbH
1. Subject terms of contract, scope, offers and orders
1.1. Pre-worded contract terms (“General Terms and Conditions” within the meaning of § 305 German Civil Code (BGB)), which the Contractor uses, shall not form part of the contract, even if miho Inspektionssysteme GmbH does not expressly object to them. If miho Inspektionssysteme GmbH accepts deliveries or services without expressly objecting thereto, it cannot be deduced from this that miho Inspektionssysteme GmbH has accepted the contractual terms and conditions of the Contractor. The present General Terms and Conditions of Purchase and Supply of miho Inspektionssysteme GmbH apply exclusively. These conditions also apply to all future business between miho Inspektionssysteme GmbH and the Contractor
1.2. These conditions apply to all deliveries and services to miho Inspektionssysteme GmbH (hereinafter referred to as “delivery item”), irrespective of the legal nature of the underlying contract for deliveries or services.
1.3. All agreements made between miho Inspektionssysteme GmbH and the Contractor for the execution of the contract must be made in writing. Changes and additions to these terms and conditions require the prior written consent of miho Inspektionssysteme GmbH.
1.4. The Contractor is bound by offers within the meaning of § 145 BGB for three months from receipt of the offer. If the Contractor does not accept an order within two weeks of receipt, miho Inspektionssysteme GmbH can revoke it. Delivery schedules are binding if the Contractor does not object within five days.
2. Documentation, documents, amendments, maintenance
2.1. With regard to the delivery items, the Contractor will send separately and free of charge to miho Inspektionssysteme GmbH the complete technical documentation on the EC Machinery Directive (2006/42 / EC). The Contractor is under an obligation to provide miho Inspektionssysteme GmbH with all the instructions and documents required for the use, installation, maintenance, cleaning and repair of the delivery item, in particular spare parts lists and proof of purchase, free of charge. The Contractor shall at his own expense enclose with the delivered items an original instruction manual and a maintenance manual for specialist personnel as well as user documentation for the application software, program documentation for system and system-related software and program development documentation for contractual software developments, in both German and English and if the Contractor of miho Inspektionssysteme GmbH is required to do so, also in the language of the country of destination / use. The documentation to be provided by the Contractor shall be made available to miho Inspektionssysteme GmbH in accordance with the currently applicable standards as well as in paper and the usual electronic form.
2.2. The order and part numbers of miho Inspektionssysteme GmbH must be stipulated in all notifications, bills of lading, invoices, etc. concerning the order. Both the dispatch note and invoice must not be included in the shipment.
2.3. For offers, acquisition planning, design work and other preparatory work of the Contractor, there is no entitlement to remuneration against miho Inspektionssysteme GmbH. Miho Inspektionssysteme GmbH is entitled to freely use the business documents and information (including datasheets) made available by the Contractor, insofar as these are not expressly marked as confidential or secret by the Contractor.
2.4. If applicable, the Contractor must provide miho Inspektionssysteme GmbH with a separate declaration for the delivered items in accordance with the EC Machinery Directive 2006/42 / EC (as amended). An EC mark must be affixed on a usable product. The Contractor warrants to miho Inspektionssysteme GmbH that the delivery items comply with the relevant accident prevention / work safety regulations and the recognised occupational health and safety regulations of the Federal Republic of Germany. If the Contractor is aware of the destination / country of use of the delivered items at the time the contract is concluded, then the delivery items must also comply with the local rules and regulations and be released for delivery to this country. In particular, the Contractor warrants that the delivery items comply with the relevant EU directives, the EC Machinery Directive, the German Law on the Provision of Products on the Market (Product Safety Act, “ProdSG”) and the Ninth Ordinance to the Product Safety Act (Machine Ordinance, 9th “ProdSV”), as amended, and that the conformity assessment procedures specified in the respective regulations have been carried out.
2.5. If miho Inspektionssysteme GmbH is held liable by third parties due to the failure of the Contractor to comply with the provisions stated in 2.4., then the Contractor is under an obligation to indemnify miho Inspektionssysteme GmbH for such claims upon receiving the first written request thereto. The right to exemption of miho Inspektionssysteme GmbH is independent of any fault of the Contractor. The aforesaid right to exemption of miho Inspektionssysteme GmbH against the Contractor also includes the costs incurred in pursuing legal proceedings and claims by miho Inspektionssysteme GmbH, as well as any other expenses necessarily incurred by miho Inspektionssysteme GmbH arising out of or in connection with the claim of a third party.
2.6. The property and rights owned by miho Inspektionssysteme GmbH may not be used or otherwise exploited by the Contractor or by third parties and may not be made accessible to third parties. They may not be reproduced in whole or in part by photocopying, microfilming, electronic storage or any other means.
2.7. Miho Inspektionssysteme GmbH may, as far as is reasonable for the Contractor, subsequently demand changes (upgrades / reductions) in the preparation and execution of the delivery item. If significant contractual agreements (prices, deadlines) are affected as a result, the Contractor will inform miho Inspektionssysteme GmbH – unless otherwise agreed – within eight working days in the form of an addendum offer or by a protocol note, and if the deadline is changed then with a new timetable. Otherwise, it can be assumed that the change requests of miho Inspektionssysteme GmbH are within the scope of the existing agreements. Insofar as the changes exceed the agreed price, the Contractor shall notify miho Inspektionssysteme GmbH in writing of the expected or estimated amount of the additional costs. miho Inspektionssysteme GmbH will then decide on the implementation of the changes. In the case of implementation, an addendum to the contract will be drawn up.
2.8. The Contractor will take care of the delivery item based on a corresponding maintenance and repair contract, if so requested by miho Inspektionssysteme GmbH.
3. Delivery and Service time
3.1. The Contractor is under an obligation to adhere to the specified delivery or service time. Specified delivery or service dates / periods refer to the time of delivery of the delivery item at the destination specified by miho Inspektionssysteme GmbH. For the timeliness of services and deliveries with installation or assembly, their acceptance is decisive.
3.2. In the event of a delay in delivery or performance, miho Inspektionssysteme GmbH shall be entitled to demand a lump-sum for damages for default amounting to 0.5% of the agreed compensation per week of delay that has commenced, but not more than 5% of the agreed remuneration. Any further legal claims (rescission and damages) are hereby reserved. The Contractor shall be entitled to prove to miho Inspektionssysteme GmbH that as a result of the delay, no damage or a significantly lower amount of damage has been incurred. Miho Inspektionssysteme GmbH shall be entitled to prove that a higher amount of damage has been incurred.
3.3. The regulations under Paragraph 3.2. shall also apply in the event that the Contractor provides partial or complete services on time, but in such a way that they cannot be accepted.
3.4. In addition, miho Inspektionssysteme GmbH may demand an exemption from the Contractor from all claims for damages and / or contractual penalties and / or other claims asserted by its customer in connection with a delay in delivery or performance, if and in so far as the Contractor is responsible for this delay in delivery or performance.
3.5. The Contractor must notify miho Inspektionssysteme GmbH of any foreseeable delays in delivery or performance immediately and without special request after becoming aware of such delays and at the latest when the specified delivery or service time has been exceeded.
4. Packaging, transport and disposal
4.1. The Contractor is under an obligation to pack and load the delivery items in such a way as to ensure that the delivery remains intact during loading, transport and unloading. The Contractor is liable for any damage to the delivery items that results from defective packaging.
4.2. The Contractor bears the costs of packaging and shipping. In the case that miho Inspektionssysteme GmbH shall bear the costs for transport and / or packaging, the Contractor is under an obligation to choose the most economical transport and / or packaging method which at the same time ensures that the delivery remains intact.
4.3. The Contractor shall be bound to comply with the packaging requirements of the Regulation of Wood Packaging Material in International Trade – Revision of ISPM no. 15 (INTERNATIONAL STANDARDS FOR PHYTOSANITARY MEASURES) and shall only use treated packaging wood in accordance with these regulations for national and international deliveries to miho Inspektionssysteme GmbH. The Contractor is liable to miho Inspektionssysteme GmbH for all damages and costs arising from the use of non-compliant packaging material.
4.4. The Contractor must take back all transport containers, tools, aids and packaging of all kinds, in particular transport packaging. The Contractor shall bear all costs concerning packing, loading and transport up to his premises and unloading. Miho Inspektionssysteme GmbH shall conclude a corresponding contract of carriage in its own name at the Contractor’s expense. If the Contractor does not reuse the returned (transport) packaging, he shall bear the costs of its disposal from miho Inspektionssysteme GmbH. In addition, foreign contractors must pay the customs duties, customs clearance, taxes and duties incurred as a result of taking back the transport containers, tools, welding gas bottles, other aids and transport packaging.
4.5. The Contractor shall provide miho Inspektionssysteme GmbH with the delivery note and / or the usual transport documentation at his own expense (for e.g. a negotiable bill of lading, a non-negotiable sea freight bill, a document of inland waterway transport, an air waybill, a railway consignment note, a road consignment note or a multimodal transport document) which miho Inspektionssysteme GmbH requires for acquisition of the delivery item in accordance with Section 7.3. If the Contractor and miho Inspektionssysteme GmbH have agreed on electronic data as a form of communication, then the document mentioned in the previous paragraph may be replaced by a corresponding communication via electronic data interchange.
5. Security in the supply chain, foreign trade, country of origin, preferential rights
5.1. In order to ensure supply chain security in line with the requirements of international safety initiatives based on the WCO SAFE Framework of Standards such as AEO, C-TPAT and the aviation security initiatives of the BMVBS, BMI, LBA, EU and ICAO, the Contractor will carry out the necessary organizational instructions and measures for deliveries and services to miho Inspektionssysteme GmbH or to third parties designated by miho Inspektionssysteme GmbH, in particular in the area of property protection, business partners, personnel and information security, packaging and transport. The Contractor shall protect the deliveries and services against any unauthorized access and manipulation. The Contractor will use only reliable personnel and will also bind its subcontractors to comply with the specified safety standards in the supply chain. In the case of a culpable violation of these obligations, miho Inspektionssysteme GmbH reserves the right to terminate or withdraw from the contract.
5.2. If the Contractor himself participates in the export process, he must inform miho Inspektionssysteme GmbH in writing of the statistical goods number, in accordance with the current version of the list of goods for foreign trade statistics. Technical information concerning the form, function and quality of the delivery items for the determination of the statistical goods number must be provided in writing in every case. If the delivery items are covered by the EU Dual Use Goods List (Annex I to EU-VO-428/2009) or the German export list (Appendix AL to the Foreign Trade Ordinance – “AWV”), as amended, and this is known to the Contractor, then he must notify miho Inspektionssysteme GmbH in writing about the applicable position of the corresponding goods list. Miho Inspektionssysteme GmbH will use this data for the legally correct processing of its own exports. Should the Contractor be unable to deliver the above-mentioned data despite his own participation in the export or not be prepared to provide it, then he is under an obligation to inform miho Inspektionssysteme GmbH immediately in writing.
5.3. The Contractor undertakes to issue a supplier’s declaration on the preferential origin of all delivery items upon request of miho Inspektionssysteme GmbH. For delivery items without preferential origin, the country of origin – and in the case of Germany the Federal State – must be communicated. This declaration must be submitted to miho Inspektionssysteme GmbH within ten days after being requested to do so but at the latest at the time of delivery. The supplier’s declaration on the preferential origin of the delivery items must comply with the provisions of EU Regulation (EC) No 1207/2001, including amendments and in the current version respectively.
6. Prices and Payment
6.1. The agreed prices are binding, unless the parties have expressly agreed otherwise, whereby the Contractor bears the burden of proof.
6.2. The terms of payment commence upon receipt of all contractually owed delivery items at the destination specified by miho Inspektionssysteme GmbH or with their acceptance, if this has been contractually agreed or provided for by law. However, if the Contractor’s invoice is received only after receipt of all contractually owed delivery items at the destination specified by miho Inspektionssysteme GmbH or after acceptance by miho Inspektionssysteme GmbH (purchasing department), then the payment terms will not commence until the date of receipt of the invoice.
6.3. Miho Inspektionssysteme GmbH has to effect payment within 30 days after the start of the payment period and if this is already carried out within 14 days after the beginning of the payment period, miho Inspektionssysteme GmbH is entitled to deduct a 3% discount. Payment in the abovementioned sense is deemed to have been effected with the transfer or electronic remittance of a bank transfer order or with the remittance of a crossed cheque.
6.4. The payment of an invoice of the Contractor without the assertion of objections by miho Inspektionssysteme GmbH shall not be deemed an acknowledgment of the debt for the amount paid or as recognition of the deliveries or services carried out pursuant to the contract.
6.5. In the case of initial business with the Contractor, payment is principally only made subject to a bank guarantee.
6.6. Only the payment terms specified by miho Inspektionssysteme GmbH in the order will apply.
7. Place of performance, delivery, transfer of risk, force majeure
7.1. Place of performance is the destination specified by miho Inspektionssysteme GmbH.
7.2. If the Contractor’s service involves the creation or adaptation of a software, the transfer takes place on a suitable data medium in machine-readable form together with the source code.
7.3. If the law does not provide for acceptance and if acceptance has not contractually been agreed upon, the risk of accidental loss and accidental deterioration shall pass from the Contractor to miho Inspektionssysteme GmbH upon delivery of the delivery item at the place of destination, or otherwise with the statutory or contractually agreed acceptance according to Paragraph 9.
7.4. Industrial disputes as well as other cases of force majeure entitle miho Inspektionssysteme GmbH to demand an appropriate contract amendment or an exemption from the obligation to accept from the Contractor.
8. Obligation to inspect and requirement to give notice of defects
8.1. If the delivery items show defects and no acceptance takes place, miho Inspektionssysteme GmbH can, within the scope of § 377 HGB, report any outstanding defects within 14 days from completion of unpacking of the delivery items at the place where the delivery items are used as intended and covert defects within a period of 14 days after their discovery. The point of submission of the notice of defects to the Contractor shall be decisive for determining compliance with the deadlines.
8.2. For deliveries of mass quantities, miho Inspektionssysteme GmbH is only required to take random samples. If it is found that more than 10% of the samples do not meet the contractual or legal requirements, then miho Inspektionssysteme GmbH is released from the requirement for further inspections and, based on the random sample result, can refuse acceptance altogether and make the entire delivery available to the Contractor for collection.
8.3. If a contract requires miho Inspektionssysteme GmbH to successively release deliveries and if a partial delivery reveals physical or legal defects that are in breach of its intended purpose, miho Inspektionssysteme GmbH shall thus be entitled to stop any further release of deliveries and stop the execution of payments, without prejudice to any further extensive rights.
8.4. If the Contractor is certified in accordance with DIN EN ISO 9001, Rev. 2000 ff, miho Inspektionssysteme GmbH shall be exempted from the obligation to inspect and to give notice in accordance with § 377 HGB.
8.5. If a quality assurance agreement has been agreed between the Contractor and miho Inspektionssysteme GmbH with regard to the defect inspection and defect notification obligation of miho Inspektionssysteme GmbH, then the provisions therein shall take precedence over the conditions specified herein under Section 8.
9. Acceptance
9.1. If the acceptance of the delivery item by the Contractor has been contractually agreed and / or is provided for by law, then miho Inspektionssysteme GmbH will carry out the acceptance within 15 days after commissioning, after having received the Contractor’s declaration of readiness for acceptance and delivery of all documents belonging to the delivery item.
9.2. If the Contractor’s delivery item consists of the creation or adaptation of software, the created and adapted programs will be handed over in a testable form. After the program test has been carried out together with miho Inspektionssysteme GmbH, a provisional confirmation of readiness for operation will be given. Here, it will merely be stated that the trial operation can be started under production-like conditions for the purpose of the final acceptance. The duration of the functional test and trial operation is governed by the contractual agreements. If significant defects occur during trial operation, then the trial operation begins again after the defect has been remedied.
9.3. Acceptance takes place if all the services and criteria specified in the performance description have been fulfilled and the delivery item is without fault.
9.4. A written acceptance report is made for the acceptance. However, the formal acceptance shall be suspended until the Contractor has rectified any defects found. The rectification of defects must be carried out immediately, at the latest within a period set by miho Inspektionssysteme GmbH.
10. Claims for defects, liability of the Contractor, service
10.1. The Contractor shall provide miho Inspektionssysteme GmbH with the delivery item free of material defects and defects of title as from the transfer of risk until the limitation of claims for defects has expired.
10.2. If the delivery item, contrary to the above obligation, exhibits a defect, then the rights of miho Inspektionssysteme GmbH shall be determined in accordance with the provisions of these terms aswell as any statutory warranty claims.
10.3. Miho Inspektionssysteme GmbH can itself take measures to remedy the defects at the Contractor’s expense, have them dealt with by third parties or procure a replacement itself, if the Contractor has not complied with the written request to remedy the defect within a reasonable period set by miho Inspektionssysteme GmbH or if an insolvency petition has been filed against the assets of the Contractor. This shall also apply without the need for a prior request in urgent cases of endangerment to operational safety and to prevent a disproportionately large amount of damages from being incurred, where it is no longer possible because of the special urgency to inform the Contractor of the defect and the impending damage and to set a deadline for him to provide a remedy.
10.4. Minor defects can be rectified immediately by miho Inspektionssysteme GmbH either personally or through a third party and at the expense of the Contractor. Measures to remedy defects may be carried out or initiated at the expense of the Contractor without setting a deadline, if there is a delay in delivery and miho Inspektionssysteme GmbH has an interest in an immediate remedy of the defect to avoid any delay of its own.
10.5. In the cases mentioned in Paragraphs 10.3. and 10.4. the Contractor must be informed immediately. Miho Inspektionssysteme GmbH shall send a report to the Contractor about the nature and extent of the defects and the work carried out.
10.6. The total costs of rectification, in particular the costs of troubleshooting, retrofitting costs, installation and removal costs, transport, travel, labour and material costs, aswell as any customs duties, including the costs incurred by the subsequent transfer of the delivery item to another place other than the place of delivery (place of location) shall be borne by the Contractor.
10.7. The Contractor warrants that the delivery item is free of third-party rights, in particular of third-party intellectual property rights, that excludes or adversely affects its use by miho Inspektionssysteme GmbH, or that it has the authority to further transfer such usage rights and no patent applications disseminated within the European Economic Area, the USA and Japan have been infringed upon. If claims are made against miho Inspektionssysteme GmbH by a third party, then the Contractor is under an obligation to indemnify miho Inspektionssysteme GmbH against these claims upon receiving the first written request. The duty of indemnity of the Contractor refers to all expenditures that necessarily arise for miho Inspektionssysteme GmbH from or in connection with the claim by a third party. This does not apply if the (protective) infringement (s) are based on plans, drawings, models or other similar descriptions given by miho Inspektionssysteme GmbH.
10.8. If the Contractor fails to ensure the contractual use of the services in a suitable manner, miho Inspektionssysteme GmbH can claim damages and withdraw from the contract.
10.9. Miho Inspektionssysteme GmbH can demand an exemption from all claims of its customers from the Contractor, if and to the extent that the Contractor has provided grounds for liability through his delivery. For an exemption of claims for damages directed against miho Inspektionssysteme GmbH outside the scope of liability of the Product Liability Law, this shall only apply, if and to the extent that the Contractor is responsible for the cause.
10.10. The Contractor is under an obligation to exercise his control and monitoring duties with care, in particular with regard to his obligation to ensure compliance with the technical quality standards and the contractually agreed quality through maintaining careful quality controls and appropriate documentation. The Contractor is under an obligation to organize his area of authority and organization in terms of material and personnel in such a way that any dangers in connection with the performance of the Contractor and their use by miho Inspektionssysteme GmbH and its customers are eliminated.
10.11. If the conditions for claims by miho Inspektionssysteme GmbH against the Contractor are within the exclusive area of danger or responsibility of the Contractor, then the Contractor bears the burden of proof for the non-existence of such requirements.
10.12. miho Inspektionssysteme GmbH can arrange with your customer to directly process all guarantee and warranty claims with the Contractor for the product and the service which were provided by the Contractor.
10.13. The Contractor guarantees, for the scope delivered by him, a 24/7 service hotline and, if necessary, the on-site availability of a service technician within max. 24 hours.
11. Manufacturer liability and compulsory insurance of the Contractor
11.1. The Contractor releases miho Inspektionssysteme GmbH from its manufacturer liability, if and insofar as the cause of the liability of miho Inspektionssysteme GmbH is attributable to the area of risk and responsibility of the Contractor and the Contractor is liable for the cause of the liability. This also applies in the event that a claim is made against miho Inspektionssysteme GmbH under foreign law in accordance with its manufacturer liability.
11.2. The Contractor declares that he accepts liability for damage claims based on material defects from third parties within the legal scope and without fault, if the material defects of his delivery items, work or services already exist at the time of transfer of risk.
11.3. The Contractor undertakes to maintain a company and product liability insurance with an insured sum of at least 2 million euros as a lump sum for personal injury and damage to property. Notwithstanding § 4 (1) (3) AHB, coverage must also apply to damages incurred abroad.
11.4. The Contractor must provide proof of liability insurance coverage to miho Inspektionssysteme GmbH in accordance with Paragraph 11.4. above and upon request by miho Inspektionssysteme GmbH provide the corresponding certificate from the insurer (Certificate of Insurance).
12. Statutory limitation periods
12.1. The statutory limitation periods according to the legal regulations shall apply with the following exceptions.
12.2. Insofar as the statute of limitations for material defects would be two years, it is extended to 36 months as from the transfer of risk.
12.3. The statute of limitations for defects of title (Paragraph 10.7) is 48 months as from the transfer of risk, unless a longer period is legally stipulated.
12.4. For delivery items and parts thereof exchanged as part of the supplementary performance, as well as for delivery items and parts thereof in which defects have been eliminated, the statute of limitation begins again upon termination of the supplementary performance.
12.5. For delivery items that cannot remain in operation during the defect inspection and supplementary performance, the statute of limitations is extended by the length of time of the operational interruption due to the defects.
13. Assignment, offsetting, retention
13.1. The assignment of any claims of the Contractor against miho Inspektionssysteme GmbH is excluded.
13.2. The Contractor is not entitled to refuse any remedial action owed by him until the purchase price or the remuneration has been paid in full.
13.3. miho Inspektionssysteme GmbH is entitled to any set-off and retention rights within the scope of the law. Furthermore, miho Inspektionssysteme GmbH is entitled to offset claims that belong to a company in which miho Inspektionssysteme GmbH holds at least 50%.
14. Duty to provide information, confidentiality and data protection
14.1. In the event of a longer-lasting supply relationship, the Contractor has a duty to inform about all circumstances that may be of importance to miho Inspektionssysteme GmbH; here, this includes in particular information on quality issues, if they could not be fully overcome, foreseeable delivery problems, and any changes in product characteristics that may affect the operation of miho Inspektionssysteme GmbH, even if they do not make the delivery item defective.
14.2. If the Contractor intends to discontinue all or part of its production of spare parts orders (“withdrawal”), then he is under an obligation to notify miho Inspektionssysteme GmbH at least six months in advance, stating the material number of miho Inspektionssysteme GmbH and presenting alternatives (including the corresponding data sheets). The Contractor grants miho Inspektionssysteme GmbH the possibility of a “Last Order” with eight weeks’ written notice of discontinuation, which offers miho Inspektionssysteme GmbH the option to freely decide to make a last order with a minimum quantity of up to 25% of the total order quantity of the past ten years, with an average delivery time until the end of the discontinuation period and with the commercial conditions agreed upon until now.
14.3. The Contractor is under an obligation to treat all non-public commercial and technical details, which become known to him through the business relationship, as trade secrets. In particular, the Contractor is obliged to keep all calculations, illustrations, plans, tender documents, requirement profiles, specifications, drawings, other documents as well as other data media, models and other aids strictly confidential. Only with the prior express consent of miho Inspektionssysteme GmbH may they be disclosed to third parties and / or be used for the Contractor’s own purposes, which are not part of this contract. This duty of confidentiality also applies after completion of this contract; It expires if and insofar as the knowledge, experience and information contained in the aforementioned calculations, illustrations, plans, documents, etc. have become public knowledge. With regard to the aforementioned items and all related intellectual property rights, miho Inspektionssysteme GmbH retains sole ownership and has the sole power of disposal. The Contractor may only disclose the contractual relationship to miho Inspektionssysteme GmbH to third parties with its prior written consent.
14.4. The Contractor guarantees that all persons entrusted with the fulfillment or processing of the contract shall comply with the legal provisions on data protection. The duty of confidentiality required under data protection law must be fulfilled at the latest before the initial start of the activity and must be proven to miho Inspektionssysteme GmbH upon request. The Contractor agrees that the personal data disclosed to miho Inspektionssysteme GmbH within the framework of the business relationship will be stored in the computer systems of miho Inspektionssysteme GmbH and be automatically processed.
15. Special provisions for dealers.
If the Contractor is a dealer, then the following additional provisions shall apply:
15.1. The Contractor is under an obligation to name the manufacturer and his address when concluding the contract with miho Inspektionssysteme GmbH.
15.2. Upon conclusion of the contract between the Contractor and miho Inspektionssysteme GmbH, the Contractor assigns his claims for compensation for defects (such as a reduction of the purchase price, as well as claims for damages, for example due to necessary replacements or recall actions) to miho Inspektionssysteme GmbH, who has already accepted this assignment in advance.
16. Jurisdiction, applicable law
16.1. For all disputes arising out of and in connection with the contractual relationship, if the Contractor is a domestic merchant, a domestic legal entity under public law or a domestic special fund under public law, then Kassel, Federal Republic of Germany, shall be the exclusive place of jurisdiction. For lawsuits against miho Inspektionssysteme GmbH by contractors who do not have a place of general jurisdiction in the Federal Republic of Germany, the exclusive place of jurisdiction is also Kassel, Federal Republic of Germany. For lawsuits by miho Inspektionssysteme GmbH against contractors who have no general jurisdiction in the Federal Republic of Germany, the additional jurisdiction, in addition to the statutory jurisdiction, is also Kassel, Federal Republic of Germany. Any arbitration agreements concluded by the parties shall take precedence.
16.2. With regard to the inclusion of these terms of miho Inspektionssysteme GmbH and for all legal relationships that arise for the contractual parties and their legal successors from the contract and from any ancillary transactions and / or follow-on transactions, only the law of the Federal Republic of Germany shall apply. This choice of law and the above jurisdiction agreement are also subject to the law of the Federal Republic of Germany.
This is a translation of the General Terms and Conditions of Purchase and Supply of miho Inspektionssysteme GmbH. In cases of doubt, the German language, German law and the content of the German version of the Agreement for authorization to process data of miho Inspektionssysteme GmbH shall take precedence over the translated version.