Imprint and privacy policy

Imprint

Goldhofer Aktiengesellschaft
Donaustrasse 95
87700 Memmingen/Germany
Phone: +49 8331 15-0
Fax: +49 8331 239
eMail: info@goldhofer.com
Web: www.goldhofer.com

Management board members:
Rainer Auerbacher, Friedrich Hesemann, Lothar Holder, Hubert Schaller
Chairman of the supervisory board: Dr. Christof Kemman

Headquarters and registry office: Memmingen
HRB 10871
Tax code: 138/115/50 722
Turnover code: DE 812882017

Responsible according to § 5 TMG:
Florian Schröer
Communications
(address see above)

Goldhofer Airport Technology GmbH
Parkstrasse 19-21
73760 Ostfildern/Germany
Phone +49 711 34000-0
Fax +49 711 34110-87
eMail: info@goldhofer.com
Web: www.goldhofer.com

Managing directors:
Friedrich Hesemann, Lothar Holder, Hubert Schaller

HRB 213851
Turnover code: DE 145353101

Data protection declaration for customers, suppliers and users of our website

Goldhofer AG is delighted to note your interest in our company and our products. The following information is designed to give you – as a customer or prospect for our products and services or as a supplier or visitor to our website – an overview of the ways in which your personal data are processed by our company and about your rights deriving from data protection legislation.

We take the protection of your personal data very seriously, and we process them only in compliance with the provisions of the EU’s General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (FDPA).

In the following we describe which data are processed in the context of our business relationship and during your visit to our website.


1. Responsible companies

This data protection declaration applies to both Goldhofer AG and Goldhofer Airport Technology GmbH (hereinafter referred to as the “Group”). With regard to personal data processed in the course of use of the website, Goldhofer AG has sole responsibility in terms of data protection law. With regard to processing in the context of business dealings, the responsibility lies with the company with which a direct contractual relationship exists.

The contact details of the responsible companies are as follows:

Goldhofer AG
Donaustr. 95
87700 Memmingen/Germany
Phone: +49 8331 15-0
Fax: +49 8331 15-239
email: info@goldhofer.com

and

Goldhofer Airport Technology GmbH
Parkstr. 19-21
73760 Ostfildern/Germany
Phone +49 711 34000-0
Fax +49 711 34110-87
email: info@goldhofer.com


2. Data protection officer

Dieter Fasel
Lawyer
Wälder 27 a
87789 Woringen/Germany
email: ra.fasel@gmx.de


3. Personal data

Personal data means any details of the personal or material circumstances of an identified or identifiable natural person. This includes information such as IP addresses, given name and surname, address, telephone number or date of birth. Information that cannot be directly linked to your actual identity, such as statistical information regarding the number of users of a website, does not constitute personal data.


4. Categories of processed data for customers and suppliers

The following categories of data are regularly processed in the context of our business relationships with you:

  • Personal master data (name, date of birth, place of birth, nationality)
  • Contract master data (contractual relationship, product or contract interest)
  • Authentication data (ID data)
  • Communications data (telephone, e-mail, address, IP address)
  • Customer history
  • Invoice and payment data
  • Planning and control data
  • Advertising and sales data
  • Information from third parties, e.g. credit agencies or public directories


5. Categories of processed data for users of our website

When you access our website your Internet browser automatically transfers data to our web server for technical reasons. Once the connection has been established between your Internet browser and our web server, the following data are recorded:

  • Date and time of the request
  • Name of the requested file
  • URL of the website from which the file is requested
  • Access status
  • Web browser and operating system used
  • Full IP address of the requesting computer
  • Volume of data transferred

 
6. Legal basis and purpose of data processing

Goldhofer AG and Goldhofer Airport Technology GmbH and our third-party service providers process your personal data on the basis of the following legal provisions and for the following purposes:

6.1 Contractual basis (preparation, execution, termination), Art. 6(1)(b) GDPR

  • Answering questions and taking steps prior to entering into a contract
  • Preparation, negotiation and performance of a contract
  • Granting access to certain data and offers

6.2 Legal obligation, Art. 6(1)(c) GDPR

  • Responding an official or court order
  • Meeting certain statutory duties in particular relating to taxation law

6.3 Legitimate interests, Art. 6(1)(f) GDPR

  • Direct marketing and optimization of the website (eTracker)
  • Administrative purposes within the Group
  • Improvement of products and services
  • Communication with customers and prospects by e-mail or telephone
  • Preservation of evidence for the establishment, exercise or defense of legal claims
  • Prevention of misuse or other illegal activities within the company
  • Guaranteeing IT security
  • Video surveillance to safeguard domiciliary rights and collect evidence in cases of burglary (cf. Art. 4 FDPA)
  • Measures for building and plant security (e.g. access controls)
  • Data exchange with credit agencies (e.g. SCHUFA) to assess credit and default risks

6.4 Consent, Art. 6(1)(a) GDPR

  • Sending advertising such as price information in the absence of a business relationship
  • Contact made via the website
  • Photographs taken at events


7. Withdrawal of consent

You have the right to revoke the consent you have granted us for the processing of your personal data at any time with future effect. The legality of the processing of your data performed prior to revocation remains unaffected.


8. Disclosure of data

Within the Group, those units have access to your data which require them for the fulfillment of contractual and legal obligations or for internal administrative purposes.

Your personal data will not be passed on to third parties outside the Group unless this is necessary for the execution of the contract or you have given your express consent or we can assert a justified interest or we are obliged to do so by a court or competent authority.

Service providers used by us in the context of order processing agreements and subcontractors may also receive data for these purposes. They include companies in the fields of IT services, logistics, printing services, telecommunications, debt collection, management consultancy and sales and marketing. Insofar as we engage external service providers for order processing purposes, they are carefully selected and have an obligation pursuant to Art. 28 GDPR to observe all provisions of data protection law.

Potential recipients of personal data also include the following:

  • Public authorities and institutions (e.g. tax, judicial and law enforcement authorities) in the context of a statutory or official obligation
  • Auditors, tax consultants or lawyers

 
9. Transfer of personal data to non-EU countries

Personal data may be transferred to parties located outside of the European Union (non-member countries) where

  • it is necessary to fulfill your order (e.g. supply contracts),
  • we have a statutory obligation to do so (e.g. tax reporting rules, combating criminal offenses),
  • it is required to secure the company’s IT operations,
  • we have a justified interest in such data transfer, or
  • you have given your consent.

In the event of the transfer of data to a party in a non-member country, appropriate guarantees pursuant to Art. 44 ff. GDPR will ensure compliance with the level of data protection that applies in the European Union.


10. Price information

For purposes of customer-specific pricing, we store personal data such as given name, surname, contact details and name of company. We use this data exclusively to transmit the requested information and to keep a record of your consent. You can revoke your consent to the storage of the data, the e-mail address and their use for sending price information at any time with future effect. Please follow the instructions in the e-mail or write to us using the contact details provided.


11. External links

Our online offers include links to websites of third parties with which we have no contractual relationship. Once the link has been selected, we have no influence on the processing of any personal data such as the IP address or the URL on which the link is located. We can accept no responsibility for the processing of such personal data by third parties.


12. eTracker

Our website uses the eTracker analytics service provided by eTracker GmbH (hereinafter referred to as “eTracker").

eTracker is able to create pseudonymous user profiles from the data collected with the help of cookies. Cookies are small text files that are stored locally in the cache of your Internet browser. The stored cookies enable us to recognize your browser the next time you visit our website. The data collected using eTracker will not be used to personally identify visitors to our website without the specific consent of the party concerned. The data will not be merged with personal data relating to the holder of the pseudonym.

You can object to the collection and storage of your data at any time with future effect. To object to the collection and storage of your visitor data in the future, you can obtain an opt-out cookie from eTracker by clicking on the following link. That can be used to ensure that no visitor data from your browser will be collected and stored by eTracker in the future: http://www.eTracker.de/privacy?et=V23Jbb

If you follow the instructions after calling up the link, an opt-out cookie called “cntcookie” will be set by eTracker. Please do not delete this cookie as long as you wish to uphold your objection. For further information on data protection at eTracker, go to http://www.eTracker.com/de/datenschutz.html


13. Social media

We maintain fan pages and company-related sites on diverse social networks and platforms in order to communicate with customers and potential customers and to inform them about our products and activities. For this purpose, we place links on our website to our fan pages and sites so that they can be found more quickly. When accessing the various networks and platforms, the terms of business and privacy policies of the respective operators apply.


13.1 Youtube

This website uses the video platform YouTube, operated by YouTube, LLC, (hereinafter referred to as “YouTube”). YouTube is a platform on which video files can be uploaded for others to play.

When you call up a corresponding page of our offer, the embedded YouTube player establishes a connection to the YouTube servers so that video and audio files can be downloaded and used. At the same time, data is also transferred to YouTube as the responsible party. We can accept no responsibility for such data processing by YouTube.


13.2 Vimeo

This website embeds videos from Vimeo operated by Vimeo LLC (hereinafter referred to as “Vimeo”).

Further information about data processing by Vimeo and your related rights can be found in Vimeo's privacy policy at https://vimeo.com/privacy.


13.3 Facebook

This online offer includes links to the services of Facebook Ireland Ltd. (hereinafter referred to “Facebook”).

When you visit our Facebook page, Facebook records your IP address and possibly further information that is available on your PC in the form of cookies. This information is used to provide us as the owners of the Facebook fan page with statistical information on the use of the Facebook page.

The data collected on you in this context is processed by Facebook and may be transferred to countries outside of the European Union. Your attention is drawn to the fact that Facebook is responsible under data protection law for the transfer and subsequent processing of such data. Facebook provides data protection information describing in general terms which specific data Facebook receives and how it is used. Further information on the subject is provided in Facebook’s privacy policy at http://facebook.com/about/privacy.


13.4 Instagram

Our pages contain links to Instagram. This service is provided and operated by Instagram Inc., which is domiciled in the US.

Information on the subject of data protection is provided in Instagram’s privacy policy at http://instagram.com/about/legal/privacy/.


13.5 XING

This website provides a link to our profile on the social platform XING, which is a network for professionals to connect.


13.6 Twitter

Our website includes links to Twitter, a service provided by Twitter Inc. (hereinafter referred to as “Twitter”). With the use of Twitter and the re-tweet feature, the web pages you visit are  linked to your Twitter account and disclosed to other users. At the same time, data is transferred to Twitter. Please note that we as the provider of the web pages have no knowledge of the content of the transferred data and its use by Twitter. Further information on the subject is provided in Twitter’s privacy policy at http://twitter.com/privacy. You can change your Twitter privacy settings in your account settings at http://twitter.com/account/settings.


13.7 LinkedIn

Our website also includes links to the LinkedIn social network provided by the LinkedIn Corporation (hereinafter referred to as “LinkedIn”). If you click on the link, you will first be redirected to your (logged in) user account via a separate browser window. LinkedIn receives information about your visit to our website by processing your IP address. LinkedIn is also able to establish a correlation between your visit to our website and your user account. Please note that we have no knowledge of the content of the transferred data and its use by LinkedIn. Further information on the subject is provided in LinkedIn’s privacy policy at https://www.linkedin.com/legal/privacy-policy.


14. Data security

Our employees and the service providers we hire have a duty to observe confidentiality and to comply with the provisions of the applicable data protection laws. The company takes appropriate technical and organizational safety measures to protect your personal data from loss, manipulation, destruction, and unauthorized access and disclosure. Our safety measures are continually updated in accordance with the latest technological developments.


15. Duration of data storage

We store your data for the duration of the contractual relationship with you or your employer or for as long as necessary to provide our online offer. In addition, we store your personal data for as long as we have a legitimate interest in further storage. The data will be deleted after expiration of the statutory or contractual retention period, e.g. under tax and commercial law. Data not subject to the duty to preserve records will be deleted when the specified purpose no longer applies.


16. Rights as a customer, supplier and user of our website

As a customer or user of our website you have various rights. Please make use of the information provided in the Contact section to assert your rights. When doing so, please ensure that we are able to clearly identify you.

In accordance with the EU’s General Data Protection Regulation, you will receive information upon request free of charge and at any time regarding the storage of your personal data (Art. 15 GDPR). Please note that under certain circumstances your right to information may be restricted in accordance with legal provisions, in particular Art. 34 FDPA-new.

You furthermore have the right to correction (Art. 16 GDPR ) or deletion (Art. 17 GDPR) of said data provided that the statutory requirements are met. Exceptions to the right to deletion include data relating to business activities which are subject to a statutory duty of retention.

You also have the right pursuant to Art. 18 GDPR to restrict the processing of your personal data.


17. Right of objection

Pursuant to Art. 21 GDPR, you have the right to object at any time, on grounds relating to your particular situation, to the processing of your personal data which we perform to protect our legitimate interests. We will then discontinue the processing of your data unless we can prove, in accordance with the statutory provisions, that we have mandatory grounds for further processing which are worthy of protection and prevail over your rights.


18. Right of objection to direct marketing

You can object to the processing of your personal data for advertising purposes at any time. Please note that for organizational reasons there might be an overlap between your revocation and the use of your data in an ongoing campaign.


19. Right to data portability

Upon request, we guarantee the portability of the personal data provided by you through transfer in a standard machine-readable data format.


20. Duty to provide personal data

If a contractual relationship exists between you and Goldhofer AG or Goldhofer Airport Technology GmbH, you must provide the personal data which is required for the initiation, performance and termination of the contract and compliance with the associated contractual duties or which we have a statutory obligation to collect. Without the provision of said data, we will not normally be able to conclude a contract with you.

To the extent that there is no necessity for your data to be processed within the scope of use of this website for the initiation, performance and termination of a contract and it is not a statutory requirement, the provision of your data is voluntary. Please note, however, that certain website functions and other services will not be available in the case of failure to provide the necessary data.


21. Automatic processing of personal data

Your personal data will only be processed automatically if this is necessary for the conclusion or performance of a contract and the process has no legal or similar effect for you.


22. Complaint to supervisory bodies

If you are dissatisfied with our processing of your personal data, you have the right to lodge a complaint with the relevant supervisory authority. For that purpose you can contact the relevant data protection agency.

The competent data protection agency in the case of Goldhofer AG:

Bayerische Landesamt für Datenschutzaufsicht (BayLDA)
Promenade 27
91522 Ansbach
Telephone: +49 (0) 981 53 1300
Telefax: +49 (0) 981 53 98 1300
email: poststelle@lda.bayern.de


The competent supervisory authority in the case of Schopf Maschinenbau GmbH:

Der Landesbeauftragte für den Datenschutz und die Informationsfreiheit
Königstrasse 10 a
70173 Stuttgart
Telephone: +49 (0)711/615541-0
Telefax: +49 (0)711/615541-15
email: poststelle@lfdi.bwl.de


23. Copyright

All texts, images, graphics and sound, video and animation files and their arrangements are protected by copyright and are subject to further laws relating to intellectual property rights. They may not be copied for commercial purposes or for distribution, nor may they be modified and used on other websites. Some of the Company's webpages also contain material that is subject to the copyright of those who have provided it.

General terms and conditions

General terms and conditions (sales)

1. Applicability of these terms and conditions

1.1. The general terms and conditions (sales) (“GTC Sales”) shall apply to all business relationships of Goldhofer Aktiengesellschaft or of Goldhofer Airport Technology GmbH (“Seller”) with the buyer. The GTC Sales shall be applicable only if the buyer is an entrepreneur (§ 14 of the Bürgerliches Gesetzbuch (the Civil Code, the “BGB”), a legal person under public law or an special fund (Sondervermögen) under public law within the meaning of § 310 para. 1 sent 1 BGB.

1.2. The GTC Sales shall apply exclusively. Any divergent, opposing, or supplemental general terms and conditions of business of the Seller shall have no applicability, even if the Seller does not separately object to their applicability in the individual case.

1.3. Any individual agreements made with the buyer in the individual case shall, in every case, take precedence over this GTC Sales. A written agreement or a written confirmation of the Seller shall be dispositive for the content of such agreements.

2. Entering into the Agreement/transfer of rights of the buyer’s

2.1. All offers of the Seller shall be subject to confirmation and non-binding, insofar as they are not expressly identified as being binding.

2.2. The buyer shall be bound to its order for four (4) weeks. This deadline shall be shortened to two (2) weeks in the case of items purchased which are “in stock” (auf Lager) at the Seller. The purchase agreement shall be entered into whenever the Seller confirms the order within the period in writing or the carries out the delivery.

2.3. Any assignment of the Seller’s rights arising from this Agreement shall require the written consent of the Seller.

3. Prices

3.1. The price of the item purchased is understood to be net ex works plus the respectively applicable statutory value-added tax, packaging, customs duties in the case of export deliveries, as well as fees and other public taxes.

3.2. The buyer shall be obligated to render to the Seller the receipts required for the procedure of producing substantiation (Nachweisführung) with regard to deliveries free from value-added tax, or to support the Seller for this purpose (confirmation of receipt or of equal value).

4. Payment and security

4.1. The purchase price and the prices for ancillary services shall be mature for payment immediate upon delivery or acceptance and invoicing. The Seller shall have the right to demand a reasonable advance payment. The Seller shall not be obligated to fulfill the order prior to taking the advance payment into receipt. Any stipulated completion dates shall be postponed by the period of time through the receipt of the advance payment. In the case of orders by customers having their domicile or business seat abroad, or in the event of justifiable indicators for a risk of non-payment, however, the Seller shall have the right, even within the scope of an ongoing business relationship, to carry out the delivery in whole or in part only against prior payment. The Seller shall declare a corresponding reservation by no later than upon the confirmation of the order. The delivery shall be effected only after prior complete payment.

4.2. Payment drafts, bills of exchange, and checks shall be accepted only for performance purposes made in consideration of reimbursement of expenses.

4.3. The buyer may set off against claims of the Seller only when then counterclaim of the buyer is undisputed or has been judicially determined; the buyer may assert a retention right only when (i) said right is based upon claims arising out of the same contractual relationship and (ii) the claim is undisputed or has been judicially determined.

4.4. Upon or after entering into the Agreement, the Seller shall be able to demand a suitable security (e.g., appropriate advance payment, bank surety, financing confirming, leasing agreement) for the purchase price.

4.5. If the placement of the security is delayed over ten (10) days past the demand, the deadlines shall be extended pursuant to sect. 5.1 of these GTC Sales mutatis mutandis by the duration of the delay.

5. Delivery and delivery default

5.1. Delivery dates and delivery periods shall be stipulated in writing and may be stipulated in a binding or in a non-binding manner. Delivery periods shall commence upon entering into the agreement. Delivery dates and periods shall be deemed as complied with by indicating readiness to deliver. If the buyer, upon demand, does not provide the specific details requisite for carrying out the order, then delivery dates and periods shall be extended by a appropriate period of time.

5.2. The buyer shall be able to require the Seller to deliver (warning) by no earlier than six (6) weeks after expiration of the stipulated non-binding delivery date/period. This period shall be shorted to two (2) weeks for vehicles which are present at the premises of the Seller. If a binding delivery date or a binding delivery period is exceeded, then the Seller shall already be in default upon any exceeding of the delivery date or the delivery date.

5.3. If the Seller comes into default with a delivery or performance, or if a delivery or a performance becomes impossible for the Seller for any reason then the liability of the Seller shall be limited to compensatory damages in accordance with sect. 12 of these GTC Sales.

5.4. Force Majeure (unforeseen circumstances and occurrence for which the Seller is not culpable and which could not have been avoided using the care and prudence of an ordinary merchant (Kaufmann)—e.g., labor disputes, war, fire, transportation obstacles, raw materials shortfalls, official measures)—or operational disruptions, both at the premises of the Seller as well as at those of its suppliers, which temporarily prevent the Seller, through no fault of its own, to deliver the item purchased upon maturity, shall postpone delivery dates and deadlines by the duration of the hindrance. If such disruptions result in a delay of
more than four (4) months, then the buyer shall be able to withdraw from the Agreement.

5.5. Compliance with the delivery dates and delivery deadlines is subject to correct and timely self-delivery. Any looming delays shall be communicated by the seller to the buyer as soon as possible.

6. Acceptance

6.1. The buyer shall be obligated to accept the item purchased within fourteen (14) days from notice of readiness to ship.

6.2. In the event of non-acceptance, the Seller shall be able to avail itself of its legal rights. If the Seller demands compensatory damages, then such shall be 15% of the net purchase price. The compensatory damages are to be set higher or lower if the Seller substantiates a greater amount of damages or if the Buyer substantiate lower damages.

7. Retention of title

7.1. The item purchased shall remain the property of the Seller until and through settlement of all receivables to which the Seller is entitled based on the purchase agreement. The retention of title shall also continue to exist for all receivables of the Seller vis-à-vis the buyer arising from an ongoing business relationship. During the term of the retention of title, the Seller shall have the right to possess the registration certificate part II.

7.2. As long as the retention of title exists, the buyer shall not be permitted either (i) to dispose of the item purchased or (ii) to contractually grant any use to third parties.

7.3. If the realizable value of the securitizations exceeds the receivables by more than 10%, then the Seller shall, upon demand of the buyer, release the securitizations of the option of the Seller.

8. Defect claims of the buyer for new vehicles and other purchase objects

8.1. Details specified in the descriptions valid upon entering into the Agreement concerning the scope of delivery, appearance, performances, dimensions, weights, etc., of the contractual item shall constitute the substance of the Agreement; these are to be regarded as approximate and shall not constitute any guarantee, but rather shall serve as a yardstick to ascertain whether the item purchased is free of any defects. Any modification in design or shape, deviations in shade of color and any changes to the scope of the delivery remain reserved to the Seller, insofar as (i) the item purchased is not considerably changed and (ii) the modifications are reasonable for the buyer. Insofar as the Seller makes use of symbols or numbers to describe the order or the item purchased, no rights shall be able to be derived from these alone.

8.2. It shall be prerequisite for any claims of the buyer for defects that the buyer has complied with its statutory duties to inspect and to notify of defects (§ 377, § 381 of the Handelsgesetzbuch (the Commercial Code). If upon inspection or subsequently a defect is evinced, then the Seller is to notify of such in writing without undue delay. The notification shall be deemed as having been made without undue delay if it is effected within seven (7) business days, whereupon the timely dispatch of the notification shall suffice to preserve adherence to the deadline. Independently of this duty to inspect and notify of defects, the buyer shall have to provide written notification of any obvious defects within seven (7) business days of the delivery, whereupon the timely dispatch of the notification shall suffice here as well to preserve adherence to the deadline. If the buyer neglects to perform the proper inspection and/or notification of defect, then any liability shall be precluded for defects of which notification has not been made.

8.3. If the buyer demands subsequent performance, then such shall be limited to elimination of the defect. § 439 para. 2 BGB shall remain unaffected.

8.4. If (i) the subsequent performance has failed or if (ii) a reasonable deadline—to be set in writing by the buyer—for the subsequent performance has expired without result or disposable by operation of law, then the buyer may withdraw from the sale and purchase agreement or to reduce the purchase price. In the event of an insignificant defect, however, there shall be no right of withdrawal.

8.5. Any claims of the buyer for compensatory damage or for reimbursement of fruitless expenditures shall exist only under sect. 12 of these GTC Sales and shall be otherwise precluded.

9. Defect claims of the buyer for used purchase objects
Used purchase objects shall be sold exclusive of any and all claims for material defects. The exclusion of any liability for material defects shall not apply to any claims of the buyer for compensatory damage or for reimbursement of fruitless expenditures as contemplated under sect. 12 of these GTC Sales.

10. Applicable to processing elimination of defects

10.1. The buyer shall have to assert any defect-elimination claims with the Seller or with the Service Partner which is (i) authorized by the Seller and (ii) closest to the location of the item purchased. In the latter event, the buyer shall have to inform the Seller thereof in writing and without undue delay.

10.2. Any replacement parts shall become the property of the Seller and are to be handed over upon demand.

10.3. With respect to the parts installed for the elimination of defects, the buyer may assert warranty claims up to the expiration of the limitation period of the item purchased.

11. Returns

11.1. If the Seller takes back the item purchased for any reason the Seller shall appraise it. Upon request by the buyer, which can be made only without undue delay after return of the item purchased, a publicly appointed and sworn expert, e.g., the Deutsche Automobil Treuhand GmbH (DAT), shall be named by the buyer to determine the normal fair market value. If the buyer does not demand any such value appraisal, then the Seller shall, exercising its reasonable discretion, estimate the value for both contracting parties. Said estimate shall be binding.

11.2. If the return is based on a breach of duty of the buyer, then the buyer shall bear all of the expenses of the return and the recycling of the item purchased. The recycling expenses shall be—without any back-up material—five percent (5%) of the fair market value determined. Such expenses shall be fixed as higher or lower, if—using back-up material—the Seller substantiates higher expenses or the buyer substantiates lower expenses.

12. Liability

The Seller shall have unlimited liability under the Produkthaftungsgesetz (the Product Liability Act, the “ProdHaftG”) in cases of the express assumption of a warranty or of the procurement risk (Beschaffungsrisiko) as well as for malicious or grossly negligent breach of duty as well as in the event of defects which he has fraudulently concealed. The Seller shall also have unlimited liability in the event of malicious or negligent injury to life, limb, or health. For material and financial damages caused by slight negligence, the Seller shall be liable only in the event of the breach of such duties (i) the fulfillment of which facilitates the proper execution of the Agreement in the first place and (ii) upon whose fulfillment the buyer may rely to a particular degree (“Material Contractual Duties”)—limited, however, to damages (a) typical for such agreements and (b) foreseeable at the time of entering into the Agreement.

13. Limitation

13.1. In derogation of § 438 para. 1 no. 3 BGB, the general limitation period for any claims of the buyer arising from material and title defects shall be one (1) year from delivery. Insofar as an acceptance is stipulated, the limitation period shall commence with the acceptance of the item purchased.

13.2. The limitation periods above shall not apply to limitation periods provided by the ProdHaftG. § 438 para. 1 no. 1, no. 2 and § 438 para. 3 BGB shall also not be affected. Exclusively the statutory limitation periods shall apply to any compensatory damages claims of the buyer as contemplated under sect. 12 of these GTC Sales.

14. Compliance

14.1. The contracting parties are committed to a business environment free of corruption. They shall be obligated to refrain from corrupt conduct and other criminal acts and to take all requisite measures to avoid such. In particular, the contracting parties shall be obligated to take preventative measures against the following enumerated list of cases of severe misconduct:

a) Criminal acts in business transactions, including, but not limited to, money laundering, fraud, breach of fiduciary duty, document forgery, forgery of technical records, forgery of probative data, constructive false certification (mittelbare Falschbeurkundung), suppression of documents, and anti-competitive arrangements with respect to tender offers.

b) Offering, promising, or bestowing advantages upon foreign or domestic officials, office-holders, or those parties especially obligated to public service who assist with the issuance or execution of job orders.

c) Offering, promising, or bestowing and/or demanding, being promised, and acceptance of advantages vis-à-vis business partners as consideration for an unfair preference in national or international business activity.

d) Betrayal of, or obtaining for one’s private purposes, business and trade secrets as well as the unauthorized exploitation of templates.

e) Violations of national and European competition and antitrust laws.

14.2. In the event of a breach of the obligation arising from sect. 14.1 of these GTC Sales, the other contracting party shall be able to extraordinarily terminate the Agreement.

14.3. In the event of a breach of the obligation arising from sect. 14.1 of these GTC Sales, a contracting party shall be able to exclude the breaching contracting party from the awarding of future orders.

15. Choice of law, place of jurisdiction, miscellaneous

15.1. The law of the Federal Republic of German shall apply exclusively to the contractual relationship between the buyer and the Seller, to the exclusion of (i) any conflicts-of-laws standards international private law and (ii) the United Nations Convention on Contracts for the International Sale of Goods.

15.2. For any and all present and future claims arising out of the business connection with merchants (Kaufleute), including bills receivable and check requests, the exclusive place of jurisdiction shall be the seat of the Seller.

15.3. Place of performance shall be the seat of the Seller.

15.4. The customer shall ensure: (i) that goods acquired from or warehoused by authorized economic operators are warehoused in secure workshops and in secure transshipment points, (ii) that said goods are protected from unauthorized access, (iii) that the staff used for this purpose is reliable, and (iv) that business partners acting on the customer’s behalf are instructed that they too must implement measures to secure the aforementioned supply chain.

15.5. Should any clause of these GTC Sales be ineffective, such shall not have a deleterious impact on the effectiveness of the Agreement and of the remaining clauses. To replace the ineffective or void provision, a new provision is to be found that satisfies its economic intention.

Release 10/2018