General Terms and Conditions of Sale and Delivery of Bierther Submikron GmbH
– Valid only for businesses –
1. General
1.1 For all services and deliveries, for example, for processed samples, machinery and equipment, contract lapping work, consumables, raw materials, contract polishing etc., and for the execution of repair work, the following terms and conditions of delivery shall apply exclusively. These terms and conditions shall also apply to rental agreements and all future transactions, even if we do not expressly refer to them in further contracts – particularly in the case of telephone orders. Acceptance of the goods delivered by the supplier or of the service provided by us shall in all cases be deemed to be an acknowledgement of these terms and conditions of delivery. Deviating agreements or supplements shall only be binding if they are confirmed by us in writing. Any conflicting purchasing conditions of the buyer shall not apply, even if they are not expressly objected to in writing.
2. Offer
2.1 The documents belonging to the offer, such as illustrations, drawings, weight and dimension details, etc., are only approximately authoritative and do not constitute a description of the goods' quality, unless explicitly designated as binding by the supplier. All offers are subject to change, unless otherwise stated in the offer. Cost estimates are generally non-binding. For trial orders, which we carry out on behalf of the customer, our sole obligation is to produce this order twice; if the desired result cannot be achieved, we reserve the right to make constructive changes. Changes in quantity or quality generally result in changes in price.
2.2 The quotations, including all enclosures, remain the property of the supplier. They may not be made accessible to third parties without the express written permission of the supplier. Infringement or misuse shall oblige the party to pay full damages and entitles us to withdraw from all commitments entered into. If a contract is not concluded, they are to be returned to the supplier upon request. All drawings and documents are to be returned to us immediately after inspection.
3. Conclusion of contract
3.1 The contract is considered concluded when the supplier has sent a written declaration of acceptance (order confirmation) within the statutory period after receipt of an order.
3.2 Verbal explanations, guarantees, ancillary agreements, and amendments shall only be valid if they have been confirmed in writing by the supplier.
4. Content of the Supply Agreement
4.1 All information provided by the supplier regarding the products, particularly the illustrations, drawings, details of quality, quantity, weight, dimensions, performance, and technical specifications contained in quotations and publications, are only approximate values and do not constitute statements of quality. Where no limits for permissible deviations are specified in the order confirmation, and no expressly recognised customer specifications arise, industry-standard deviations are permissible in all cases. The quality, suitability, specification, and function, as well as the intended use of the supplier's goods, are determined exclusively by the supplier's performance descriptions and technical specifications. Public statements, advertisements, or marketing by the supplier or third parties do not constitute a statement of quality of the goods.
5. Wage processing
5.1 If manufacturing and performance are carried out in accordance with the customer's technical specifications, the Bierther Submikron Ltd fulfils its contractual obligations if the goods it has processed, which have been made available to Bierther Submikron GmbH, are delivered in accordance with the customer’s specifications, allowing for necessary variations and tolerances. Bierther Submikron GmbH is under no obligation to check and, where necessary, correct the customer’s specifications, or to check or test the functionality of the processed products. Bierther Submikron GmbH accepts no liability for the suitability of the processed parts for the purposes intended by the customer, their functionality or their further processing or finishing. Bierther Submikron GmbH is liable only for the machining work it has carried out within the scope of the warranty under Clause 15 and the liability under Clauses 13.5–13.7. In order to establish a production specification or to grant production approval at the customer’s premises, Bierther Submikron GmbH shall supply test samples or carry out quality testing on test samples in accordance with a separate written customer order.
5.2 In the event that the customer commissions Bierther Submikron GmbH, for development purposes, to test a new material or a new combination of materials and/or a new processing method, Bierther Submikron GmbH accepts no liability for the achievement of the desired development outcome, or for specific functionalities, unless Bierther Submikron GmbH has expressly assumed such liability in writing by means of a separate declaration.
6. Prices
6.1 Unless otherwise agreed, prices are generally net ex works, including loading at the works, but excluding packaging. They are generally considered uninsured.
7. Payment
7.1 Payments are to be made directly to the supplier's paying agent, not to agents or third parties. Unless otherwise agreed, the following payment terms apply:
- for goods deliveries: 8 days, 2% discount, 30 days net;
- for machine deliveries:
30 % Deposit payable without deduction of cash discount upon receipt of the order confirmation
60 % without cash discount deduction upon notification that the goods are ready for dispatch
10 % 30 days without a discount, from the invoice date;
- For delivery on a rental basis, for contract work, and special prices: payment without deduction for cash discount, immediately upon receipt of the invoice. If the buyer fails to meet their payment obligations, the entire remaining debt will become immediately due and payable, and at the same time, without prejudice to the assertion of further damages caused by default, default interest will be charged until further notice (see 8.4). Incoming payments will only be set off against the supplier's oldest outstanding claim.
7.2 The buyer is not entitled to set off against due counterclaims, unless these are undisputed or legally established.
7.3 If payment deadlines are exceeded, the supplier shall charge interest on arrears at a rate of 8% p.a. above the relevant base rate of the Deutsche Bundesbank, unless it can be proven that the loss incurred was greater or less.
7.4 After an appropriate grace period, we are entitled to withdraw from the contract and/or demand damages in lieu of performance.
8. Delivery Time; Force Majeure
8.1 The delivery period commences upon dispatch of the order confirmation, but not before the provision of the documents, approvals, and releases to be procured by the customer, nor before receipt of any agreed-upon down payment.
8.2 The delivery period shall be deemed to have been observed if, by its expiry, the item to be delivered has left the works or its readiness for dispatch has been notified.
8.3 In cases of force majeure, such as measures within the scope of industrial disputes, particularly strikes and lockouts, operational disruptions and other unforeseen obstacles to performance for which the supplier is not responsible, the delivery period shall be extended by a reasonable amount corresponding to the period until the obstacle to performance has been removed and a reasonable start-up period thereafter. The supplier shall inform the buyer of the occurrence of such an obstacle as soon as possible. If such an obstacle to performance is expected to be permanent, the supplier shall have the right to withdraw from the contract, in whole or in part. If the supplier intends to exercise the right of withdrawal, they shall inform the buyer of this immediately upon becoming aware of the extent of the obstacle to performance, even if an extension of the delivery period had initially been agreed upon with the buyer.
8.4 Adherence to the delivery deadline is conditional upon the fulfilment of the buyer's contractual obligations. If delivery or assembly is delayed through the fault of the buyer, the supplier's costs incurred, waiting time for labour, and any subsistence allowances must be reimbursed.
In the event of a delay of more than four weeks, additional storage costs amounting to 1 % of the order value will be charged for each month or part thereof of the further delay.
8.5 However, the supplier is entitled to withdraw from the contract or claim damages in lieu of performance after setting and the fruitless expiry of a reasonable deadline.
9. Transfer of Risk
9.1 All sales are understood to be ex works of the supplier. Dispatch and transport are always at the risk of the buyer. The risk passes to the buyer, even in the case of partial delivery, as soon as the consignment has been handed over to the person carrying out the transport – irrespective of whether this person belongs to the supplier's company or is a third party – or has left the supplier's warehouse for the purpose of dispatch, provided that clause 10.2 does not apply.
9.2 If the buyer refuses to accept the goods or if dispatch of the delivery is delayed for other reasons attributable to the buyer, the risk of accidental loss or damage shall pass to the buyer upon commencement of the buyer's default in acceptance.
9.3 Insurance against transport damage is effected only upon order and at the buyer's expense, unless otherwise agreed in individual cases.
9.4 If the goods to be processed are collected by us at the client's request, the client bears the transport risk. The client is free to insure against these risks. Individual agreements remain unaffected.
10. Retention of title
10.1 All goods delivered remain the property of the supplier (retained goods) until all of their existing claims and claims arising after the contract has been concluded have been paid, particularly the respective stated account balances. Pledge or security transfer is not permitted before this. Any seizure by a third party must be communicated to us immediately.
10.2 The buyer hereby assigns to the supplier, with all ancillary rights, any claims arising from the resale of the goods subject to retention of title, including within the scope of works contracts or contracts for the supply of movable goods to be manufactured or produced. These claims shall serve as security to the same extent as the goods subject to retention of title themselves. Assignment to third parties is only permissible with the prior written consent of the supplier.
10.3 If the buyer sells the reserved goods together with other goods not supplied by the seller, the assignment of claims from the resale is only valid to the extent of the invoice value of the reserved goods at the time of delivery. When selling goods in which the seller has co-ownership, the assignment of claims is valid to the extent of this co-ownership share.
10.4 The buyer may only sell the reserved goods in the ordinary course of business, subject to their normal terms and conditions, and provided they agree to a retention of title to the extent drawn up by the supplier. The buyer is entitled to collect the claims arising from resale.
10.5 If the buyer fails to fulfil obligations arising from this contract or other contracts with the seller, or if circumstances become known that diminish their creditworthiness, the buyer shall, at the seller's request, disclose the names of third-party debtors. The seller is entitled to prohibit the buyer's authorisation to resell, as well as the processing and combination or mixing of the reserved goods with other goods, and to revoke the direct debit authorisation.
10.6 Processing or treatment of the reserved goods by the supplier as manufacturer within the meaning of § 950 BGB shall be undertaken without obligating him. In the event of processing or treatment, combination or commingling of the reserved goods by the buyer with goods of other origin to form a new thing or a commingled stock, the supplier shall be entitled to co-ownership thereof, namely in proportion to the invoice value of the reserved goods at the time of delivery relative to the value of the other processed or commingled goods. If the reserved goods are combined or commingled with other things and a thing belonging to the buyer is to be regarded as the principal thing within the meaning of § 947 BGB, it is hereby agreed that a co-ownership share shall pass to the supplier in proportion to the invoice value of the reserved goods relative to the value of the principal thing, and the buyer shall store the thing for the supplier free of charge.
10.7 The buyer shall store the goods subject to retention of title on behalf of the supplier. Upon request, the buyer shall at all times allow the supplier to carry out an inventory check and ensure that the goods subject to retention of title are adequately labelled at the respective storage location. If the value of the existing security exceeds the Supplier’s total claims by more than 20%, the Supplier shall, at the Buyer’s request, be obliged to release security to that extent.
10.8 Rented products remain the property of Bierther Submikron GmbH. Rental payments are not, as a rule, treated as deposits towards a subsequent purchase, unless a written agreement to that effect has been made with the supplier.
11. Drawings and designs
11.1 Unless otherwise agreed, drawings of the products offered do not require approval by the buyer.
11.2 The buyer must not hand over, lend, show, sell or otherwise transfer to any third party, who does not absolutely require this knowledge or who has not agreed to be bound by this clause 12, the drawings, photographs or specifications produced by the supplier or reproductions thereof, which would enable anyone other than the supplier to manufacture similar equipment, software licenses or parts thereof.
12. Confidentiality of Protected Information ALSO APPLIES TO SUPPLIERS
12.1 The Buyer, its customers, and end-users (if any) shall obtain no rights whatsoever in or to any patents, inventions, designs, discoveries, technical data, copyrights, trademarks, trade secrets, or any other intellectual or industrial property rights arising from the performance by the Supplier or otherwise relating to the product supplied or made available. The Supplier shall remain the sole owner of such rights.
12.2 The Buyer acknowledges that the Supplier has developed or otherwise acquired, often at considerable expense, certain proprietary information and techniques which are of great value to its business and are accordingly kept confidential by the Supplier and have been disclosed to the Buyer only in connection with the purchase of the Product under this Agreement.
12.3 The buyer agrees to treat all confidential information as confidential and not to copy, publish, summarise or disclose such information to any third party, directly or indirectly, without the prior written consent of the supplier.
12.4 The buyer agrees to take all necessary steps (including confidentiality agreements with the buyer's employees and advisors, and the steps the buyer takes to protect its own protected information) to protect any protected information received from the supplier and to prevent its disclosure and/or use by third parties. For the purposes of these clauses, „protected information“ shall include, but not be limited to,
- Information regarding supplier secrets in connection with the integration of manufacturing processes.;
- information provided by the supplier regarding the functions, user interface, distribution, use or maintenance of the product;
- Information pursuant to clauses 10 and 11 of these General Terms and Conditions.
12.5 The Buyer acknowledges that the Supplier is entitled to seek injunctive relief, in addition to any other remedies available, for the protection, preservation, defence and enforcement of its rights in such protected information.
13. No assignments
13.1 The buyer may not assign any rights or claims granted to them by the supplier.
14. Warranty
14.1 The buyer must carefully inspect the delivered goods for any material defects immediately upon their arrival at the destination. If the buyer discovers a defect, they must inform the supplier in writing immediately, and no later than 8 days after the goods have arrived at the destination, providing a precise description of the defect. Otherwise, the delivery will be considered accepted as free from defects. If the defect was not discernible despite careful inspection of the goods upon delivery, a complaint must be made immediately upon its discovery. All defect complaints must always be directed immediately to the supplier.
14.2 In the event of a justified and timely notice of defects, the supplier shall, at its discretion, provide subsequent performance by rectification or replacement delivery. These can only be carried out after the cause of the damage has been faultlessly determined through a thorough examination at the supplier's works. All consignments intended for examination or repair shall be sent carriage paid, but only upon request.
14.3 If a repair or replacement deliver ultimately fails, the buyer may demand a reduction in the purchase price or the cancellation of the contract. For insignificant defects, the buyer has no right of withdrawal. If the buyer opts for withdrawal from the contract after failed supplementary performance, they do not have a claim for damages due to the defect as well.
14.4 If the buyer receives a defective assembly manual, the supplier is merely obliged to deliver a defect-free assembly manual. This only applies if the defect in the assembly manual prevents proper assembly.
14.5 The foregoing provisions represent the full extent of the supplier's warranty for the goods. In particular, any claims for damages that the buyer may have on account of or in connection with defects in the delivered goods, for whatever legal reason, shall be exclusively governed by Clause 15.6.,
14.6 For claims for damages due to culpable actions, for whatever legal reason, including but not limited to default, defective delivery, breach of obligations arising from a contractual relationship or obligations during contract negotiations, tort, product liability (excluding liability under the Product Liability Act), the supplier shall only be liable in cases of wilful misconduct or gross negligence. Liability for slight negligence is excluded, unless the fulfilment of the contract's purpose is significantly jeopardised by the breach of duty. In any case, the supplier shall only be liable for damage that was foreseeable and typical at the time of contract conclusion. This limitation does not apply to injuries sustained by the buyer to life, body, health or mental well-being. Personal liability of the legal representatives, vicarious agents and employees of the supplier for damage caused by their slight negligence is excluded.
14.7 The buyer's warranty claims shall become time-barred within one year of the delivery of the goods. The same applies to the buyer's claims for damages. This does not apply if the supplier is guilty of fraudulent intent.
14.8 Agreements between the buyer and its customers that go beyond statutory warranty claims shall not be borne by the supplier.
15. Warranty for sample processing
15.1 We shall only provide a warranty for our performance in accordance with the following provisions and only in relation to the client as the first purchaser. The assignment of warranty claims to third parties is excluded.
15.2 We guarantee professional surface treatment in terms of material and workmanship according to the accepted technical standards, the current or generally recognised DIN regulations. During surface treatment, deviations from the sample underlying the order may arise due to physical and chemical processes, as well as due to quality differences in the raw material, which is sometimes unavoidable.
15.3 We will professionally rectify any parts with defective surface treatment free of charge, to the extent that this is technically feasible for Bierther Submikron GmbH.
15.4 The goods supplied are to be inspected for defects immediately. Defects must be reported in writing immediately, but no later than 8 days after receipt of the goods. The obligation to inspect also applies if failure samples have been sent. In the case of defects that are not immediately apparent, the same applies within the aforementioned period after discovery of the defect.
15.5 If goods are not objected to in the proper form or within the time limit, they shall be deemed approved by merchants within the meaning of the German Commercial Code (HGB).
15.6 Items handed over to us for processing must be delivered with a delivery note or accompanied by a detailed written specification of the number of items and the total weight. The gross weight figures, even if they are of significance to the client, are not binding on us. Replacements for missing parts will only be provided if their delivery is evidenced by a delivery note signed by us and the risk for the missing parts has passed to us. In the case of small and mass-produced parts, we generally accept no liability for rejects or shortfalls of up to 3 % of the total quantity delivered in each instance, unless otherwise agreed.
15.7 The client reserves the right, in the event of the failure of supplementary performance, or if the seller refuses both rectification and subsequent delivery, or if supplementary performance is unreasonable, to reduce the purchase price or, at their option, to withdraw from the contract and claim damages. Rectification shall be deemed to have failed after an unsuccessful second attempt, unless something else arises, in particular from the nature of the item or the defect, or from other circumstances.
15.8 Except for damages arising from injury to life, body, or health, the contractor shall be liable only for wilful intent and gross negligence. Liability for simple or slight negligence is excluded, unless it concerns the breach of an essential contractual obligation within the meaning of the case law of the Federal Court of Justice. To the extent that the aforementioned exclusion of liability does not apply due to the breach of an essential contractual obligation, the contractor shall only be liable for such damages as are typical for the contract and foreseeable. Any further claims by the client are excluded. The contractor's liability under the Product Liability Act remains unaffected. Contractual penalties are not recognised.
15.9 A defect in a partial delivery does not entitle the client to withdraw from the contract, unless the defect in a partial delivery is so significant that the acceptance of further partial deliveries is no longer acceptable to the client.
15.10 The warranty only applies to claims under ordinary, operational, and climatic conditions. If the goods are intended for special conditions and we have not been informed of this beforehand, so that this has not become part of the contract, then warranty for these special conditions is excluded. The warranty shall not apply in respect of such defects where repairs have already been attempted by a third party, unless the user has not been given a reasonable opportunity to rectify the defect beforehand.
15.11 The material to be processed must be suitable for processing in our company. Suitability is determined by the inspection of the delivered parts. If this is not the case, we are entitled to refuse processing or to withdraw from the contract. If the client nevertheless insists on processing, or if the material delivered to us for surface treatment is technologically unsuitable for such surface treatment for reasons not discernible to us, we accept no liability for specific dimensional accuracy or a specific result, insofar as a defect is attributable to the unsuitability of the material and is not due to gross negligence or wilful intent on our part.
15.12 If the client does not make the goods intended for surface treatment or a suitable material sample available for testing purposes for a sufficiently long period, but at least for six weeks, prior to the commencement of processing, liability for corrosion damage that is neither intent nor gross negligence shall be excluded. If, in individual cases, due to the delivery time specified by the client and for reasons of scheduling, it is not possible to carry out short-term tests or other chemical and/or mechanical investigations or to create measurement protocols or test certificates, and the client nevertheless demands the surface treatment, liability for defects attributable to the lack of testing shall be excluded, except in cases of intent and gross negligence.
15.13 Hollow parts are only treated on their external surfaces, unless hollow space treatment has been agreed upon in special cases. Immediate corrosion on untreated surfaces does not establish any warranty claims. Surface-treated material is at risk from condensation and fretting corrosion. The client undertakes to ensure proper packaging, storage, and transport.
15.14 The client must define the minimum dimensions at a measurement point to be agreed and prevent chemical and mechanical damage to the surface by appropriate measures. We are only liable for weathering damage, as well as for any damage caused by residues seeping out of the treatment process from later joints and other inaccessible cavities, in cases of gross negligence and intent.
16. Warranty and Liability for Contract Work
16.1 Bierther Submikron GmbH informs the customer of any defects that have arisen during the manufacturing process at its premises. Following a separate agreement with the customer, the processed goods are inspected and any deviations from the customer’s specifications are reported.
16.2 In the event of defects in the goods supplied arising from circumstances occurring prior to the transfer of risk (e.g. material defects, defects in preliminary processing), Bierther Submikron GmbH shall be entitled, at its discretion, to either rectify the defect or supply a replacement free of defects. In particular, no warranty is provided in the following cases: Unsuitable or improper use of the processed goods, natural wear and tear, faulty or negligent handling, or unsuitable chemical, electrochemical or electrical influences, provided that Bierther Submikron GmbH is not responsible for them. Furthermore, no warranty is provided if goods supplied by the customer to Bierther Submikron GmbH do not meet the quality requirements necessary for successful processing; such insufficient quality is evident, in particular, in the case of unsuitable pre-treatment or preparation, dimensional variations, visible and hidden damage, and corrosion. Any additional costs incurred by Bierther Submikron GmbH as a result shall be borne by the customer. No warranty is provided for defects arising from incomplete, incorrect or belated information or instructions provided by the customer regarding the goods to be processed and/or the nature of their processing. If the customer or a third party carries out improper rectification work, Bierther Submikron GmbH shall not be liable for the resulting consequences. The same applies to modifications made to the goods to be processed without the prior consent of Bierther Submikron GmbH and in the case of development work.
16.3 Complaints regarding defects must be made immediately upon delivery or upon storage. The customer is permitted, upon request, to inspect the item to be stored for this purpose. Notwithstanding the above, defects which are not apparent even upon inspection of the delivered goods must be reported immediately upon their discovery. The notification of defects must specify which defects have been identified, the number of parts subject to complaint, and whether these were noticed immediately or only after the parts had been further processed. Bierther Submikron GmbH is entitled to have the defectiveness verified by its own staff. If no notice of defect is given within the prescribed time limit, the assertion of warranty claims is excluded.
16.4 In the event of rectifications or replacement deliveries deemed necessary at Bierther Submikron GmbH’s reasonable discretion, the customer must, following consultation with Bierther Submikron GmbH, allow the necessary time and grant the required authorisation; otherwise, Bierther Submikron GmbH shall be released from liability for defects. Only in urgent cases where operational safety is at risk and to prevent disproportionately large damage – in which case Bierther Submikron GmbH must be notified immediately – or if Bierther Submikron GmbH is in default with regard to rectifying a defect, shall the customer have the right to rectify the defect themselves or have it rectified by third parties and to claim reimbursement of the necessary costs from Bierther Submikron GmbH.
16.5 Bierther Submikron GmbH shall bear the direct costs arising from rectification or replacement – provided that the complaint proves to be justified and was made in the proper manner and in good time – the costs of the replacement part, including postage, as well as the reasonable costs of removal, installation or rectification of the defective part, provided that this does not place a disproportionate burden on Bierther Submikron GmbH. In all other respects, the customer shall bear the costs.
16.6 If Bierther Submikron GmbH seriously and definitively refuses to fulfil its obligations, refuses to remedy the defect or to provide subsequent performance on the grounds of disproportionate costs, if the subsequent performance fails or is unreasonable for the customer, the customer may, at their discretion, only claim a reduction in the price (abatement) or rescission of the contract (withdrawal) and compensation for damages (subject to the limitation of liability set out below) in lieu of performance. If the defect is only minor, the customer is entitled solely to a reduction in the remuneration. The right to a reduction in the remuneration is otherwise excluded.
16.7 If the customer opts for compensation following the failure of subsequent performance, the goods shall remain with the customer, provided this is reasonable. Compensation is limited to the difference between the remuneration and the value of the defective work. This does not apply if Bierther Submikron GmbH has caused the breach of contract through wilful misconduct.
16.8 The limitation period for claims concerning defects in the processed goods is 12 months from delivery to the customer. This period is extended by the duration of the interruption to the productive use of the processed goods caused by rectification work. Warranty claims relating to replacement parts and rectification expire after 12 months.
16.9 Furthermore, paragraph 15.7 et seq. shall apply.
16.10 The customer may withdraw from the contract if Bierther Submikron GmbH is unable to perform the service in full before the risk passes. The customer may reduce the consideration if the performance of part of the delivery becomes impossible; if the customer has a legitimate interest in rejecting a partial delivery, the first sentence shall apply. Any payments already made shall be refunded accordingly.
16.11 If the impossibility arises through the customer’s fault, the customer remains obliged to provide consideration. The same applies in the event of impossibility arising from a delay in acceptance, provided that Bierther Submikron GmbH is not responsible for the impossibility.
16.12 If a delivery is delayed for reasons for which Bierther Submikron GmbH is responsible, and if a reasonable grace period – accompanied by an explicit statement that the customer will refuse to accept the goods upon expiry of that period – is not observed, the customer shall be entitled to withdraw from the contract.
16.13 Should the customer suffer any loss as a result of a delay on the part of Bierther Submikron GmbH, they shall be entitled to claim compensation for the delay. This shall amount to 0.5 % for each full week of delay, but in total not exceeding 5 % of the value of that part of the total delivery which, as a result of the delay, cannot be used on time or in accordance with the contract.
16.14 In the event of breaches of duty arising from slight negligence, the liability of Bierther Submikron GmbH is limited to the average direct loss that is foreseeable, typical of the contract and dependent on the nature of the goods processed. This also applies in the event of breaches of duty due to slight negligence on the part of the legal representatives or vicarious agents of Bierther Submikron GmbH. Bierther Submikron GmbH shall not be liable to businesses for slight negligence in the breach of minor contractual obligations. The above limitations of liability do not affect the customer’s claims arising from product liability. Furthermore, the limitations of liability do not apply in the event of bodily injury, damage to health or loss of life suffered by the customer and attributable to Bierther Submikron GmbH.
16.15 Bierther Submikron GmbH shall only be liable for damage not caused to the goods supplied, regardless of the legal grounds, in the event that
– Intention,
– gross negligence on the part of the holders/management or senior employees, limited to the contractually typical, reasonably foreseeable damage;
– culpable injury to life, body, health, and mental well-being;
– defects which Bierther Submikron GmbH has fraudulently concealed or the absence of which Bierther Submikron GmbH has guaranteed;
- Defects in the item supplied, to the extent that liability is assumed under product liability law for personal injury or damage to private property.
- Further claims are excluded.