the business secrets and/or know how were already known to him previously or were obvious, at the least. The purchaser shall treat as business secrets all the business and technical details associated with the order. He also has an obligation to continue to treat documents and information as confidential after completion of the contract concerned. Duplication is only permissible as required by business operations and in compliance with copyright law. Any disclosure to third parties is subject to our written consent. The parties to the contract may only use their business relationship for advertising purposes subject to prior written consent. XIV. Items Supplied by the Purchaser If the purchaser submits claims due to damage to or destruction of his items supplied to us or given to us for processing, we shall only be liable in the event of intent and gross negligence; there will be no liability for ordinary negligence. Liability does not cover normal wear and tear. The purchaser must take out external insurance for the necessary amount to cover the items supplied. The purchaser is re- sponsible for inspecting and guaranteeing the quality (e.g. material, accuracy of measurements, etc.) of products supplied, e.g. raw mate- rial, blanks, etc.; we perform no more than an incoming-goods control of quantity and identity and a visual check for obvious transportation damage. We have no obligation to perform any further checks. XV. Final Clauses 1. The contractual relationships with the customer are governed exclusively by the law of the Federal Republic of Germany. Application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) of 11.04.1990 is excluded. 2. Solely the legal venue that has jurisdiction for us is agreed to be competent for all present and future claims resulting from business relationships with fully qualified merchants and for claims asserted by way of dunning proceedings. The same legal venue shall be valid if the purchaser has no general legal venue in Germany or moves his home or usual place of residence from Germany after entering into the contract or if his home or usual place of residence is not known when legal action is instigated. 3. Please note that this is a translation of the original text of our German General Terms of Sale and Supply. In the event of any dispute on the interpretation of these General Terms of Sale and Supply the German original text shall be conclusive.
4
General Terms of Sale and Supply of SMW-electronics GmbH in Meckenbeuren, status March 2023
Made with FlippingBook Publishing Software