Brilliant Brighton G30619/73 User Manual

This holds also true if “carriage or freight paid” has been agreed, and in case
of partial deliveries or if any additional services of some other kind have been
performed out by us.

2.  Insurance of the goods against any transport risks shall take place only upon

purchaser’s express request and at purchaser’s costs.

3.  Delivery quoted by us shall commence only when all technical details have

been clarified and will not be binding, unless a commercial transaction at a
fixed date has been expressly agreed. Lead times shall commence upon receipt
of our order confirmation. Date of delivery shall mean receipt of the goods in
the home country.

4.  To an extent reasonable for the purchaser, we shall be free to carry out partial

deliveries.

5.  We shall be entitled to delay or cancel delivery expected from us or to reduce

the amount delivered if we are prevented from or hindered in or delayed through
any circumstances beyond our control as for instance strikes, lock-outs, transport
obstacles, shortage or out of stock of raw materials, measures taken by public
authorities – also experienced by our suppliers – during any period such as force
majeure, conditions will subsist. Damages – as far as legally permissive - may
not be claimed under these conditions.

6.  If  purchaser  suffers  any  damage  due  to  any  delay  caused  by  us,  purchaser

shall  be  entitled  to  compensation.  Such  entitlement  shall  be  justified  if  we
have  not  observed  a  given  a  period  of  grace  granted  by  the  purchaser  to
remedy any defects. The compensation amount shall be a maximum of 1%
per week, but not more than 5% in total, of the delayed part of the overall
shipment which has not been available in time. Any further claims shall be
excluded, unless the delay is due to at least gross negligence.

If purchaser delays acceptance of the goods or violates any other of its duty to
cooperate, we shall be entitled to request purchaser to remunerate any damage
suffered by us including any possible additional costs. In this case the risk of
loss or damage of the purchased goods will devolve to the purchaser, as soon
as purchaser is in delay of acceptance of the goods.

7.  Should the customer require a Proof of Delivery (POD) on the ordered goods, they

will be required to pay a handling fee, provided that the goods were delivered
to the consignee in accordance with the given instructions. A POD can only be
requested by the customer within the usual retention period for the corresponding
documentation of the haulier or carrier engaged. After this period the delivery
requirements will be deemed to have been met.

1.  Warranties are based on the proviso of tests and requirements to give notice of

defects pursuant to §§ 377, 378 of the German Commercial Code which have
been carried out and complied with.

2.  If any defect in the purchased product becomes evident, we shall be entitled

either to remedy the defect or to replace the defective product delivered.

3.  If we are not prepared or not able to remedy the defect /replace the defec-

tive product, or if due to any deficiency on our part such remedy is delayed
beyond a suitable time, or if such remedy/replacement will miscarry for some
reason or other, the purchaser shall have the option to withdraw from contract
or to claim a respective reduction of the purchase price.

A reimbursement of expenses is excluded, insofar as the expenditure arises, due
to the goods being brought to a different place following our delivery, unless
this is required for the agreed use of the goods.

4.  Unless in the following sections nothing to the contrary will be defined, any

further purchaser’s claims shall be excluded - irrespective of any legal reasons
whatsoever. For any damage not incurred on the delivered product itself, we shall
not be liable. Neither shall we be liable for any losses suffered in purchaser’s
profits or property.

5.  The limitation of claims for material defects, should nothing else be agreed, is

guided by the law..

6.  The customer’s legal right to make a claim for compensation against us arises

only when the customer has not reached an agreement with his purchaser that
goes beyond his statutory rights. Clause 3 of the last sentence is additionally
valid concerning the extent of the claims for compensation.

7.  The  above  release  from  liability  shall  not  apply  if  the  cause  of  dama-

ge  is  due  to  intentional  or  gross  negligence  (except  if  the  damage  was

incurred  due  to  the  gross  negligence  of  a  person  employed  in  perfor-
ming  an  obligation  or  by  any  vicarious  agent,  or  the  damage  is  ba-
sed on the violation of a major contractual obligation).

Neither shall it apply if the purchaser, due to the absence of an assured property
of the product shall raise claims because of non fulfillment as laid down in §§
463, 480 section 2 of the German Civil Code. Furthermore, the obligation to
render compensation / liability to pay damages shall be limited to the damage
likely to be expected.

1.  The limitation or exclusion of liabilities for compensation of damage referred to

in section V shall apply in like manner to all claims due to default in contract
conclusion, violation of subsidiary duties, in particular to claims arising out of
producer’s liability as set out in § 823 of the German Civil Code.

2.  The regulation specified in section VI. 1 shall not apply to claims according

to §§ 1.4 of the product liability law. Neither shall it apply to cases of initial
incapacity or evident impossibility.

3.  In as much as our liability is excluded, such an exclusion also applies to the

personal liability of our staff, employees, agents and vicarious agents.

4.  Any deviation in technology or construction of descriptions or specifications in

sales literature, catalogues, and written documentation as well as any changes
in prototypes, constructions, and materials, made in the course of technical
progress, shall be reserved, without any interpretation of rights being permissible
against us, in as much as this will still be acceptable to the purchaser.

1.  Place of performance for our deliveries ex works shall be such selfsame works,

if delivered ex warehouse, it shall be such selfsame warehouse. Place of perfor-
mance for payments shall be Gnarrenburg.

2.  Place  of jurisdiction for  all payment matters and any other disputes arising

directly or indirectly from this contractual relationship is Hamburg. We reserve
the right however to take legal action against the purchaser at his general place
of jurisdiction. Hamburg shall be the exclusive legal venue for any across border
deliveries for all litigations arising from the contract relationship.  
(Art. 17, EU-GVÜ).  
We reserve the right to invoke any other competent EU-GVÜ court.

3.  For all business relationships and all legal relationships between the purchaser

and us, solely the law of the Federal Republic of Germany shall apply.
The uniform law concerning the international purchase of movable objects (EKG),
as well as the United Nations Convention regarding international contracts on
the purchase of goods (CISG) shall not apply.

If any of the above provisions shall be or become void or unenforceable, the
validity of the remaining ones shall remain unaffected. Any voided or unenfor-
ceable provision shall be replaced by a provision reflecting as closely as possible
the economic purpose and the reasonable safeguarding of the mutual interests
of the contracting parties.

Brilliant Aktiengesellschaft (PLC)
issued November 2007

161

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