Common use of Legal defects Clause in Contracts

Legal defects. 3.1 The liability of the Seller for the Goods not to be in breach of any third-party industrial property rights or copyrights shall be limited to the Federal Republic of Germany and the country in which the Buyer is registered. The Seller shall have no such liability for any other country, such as any country to which the Goods may be moved by the Buyer, unless such other country has been notified by the Buyer to the Seller prior to awarding the contract or placing the order for the Goods. 3.2 If the use of the Goods delivered by the Seller to the Buyer is in breach of any third-party industrial property rights or copyrights and the Seller is liable for said breach according to Clause 3.1 hereinabove, the Seller shall, at its cost, obtain for the Buyer the right to continue the use of said Goods or xxxxxx said Goods in a manner reasonably acceptable to the Buyer so that said Goods will no longer be in breach of any such industrial property rights or copyrights. If such rights cannot be obtained at reasonable commercial terms or within a reasonable period of time and if the Goods cannot be so modified, then the Buyer shall have the right, at its discretion, to rescind the contract awarded by the Buyer to the Seller or the order placed by the Buyer with the Seller or to obtain from the Seller a reasonable reduction in the price of said Goods. The Seller shall in any such event further indemnify the Buyer against any undisputed claims or any claims determined by non-appealable court decision of the owners of such industrial property rights or copyrights. 3.3 Subject to Clause 3.4 hereinbelow, the Buyer shall not have the rights under Clause 3.2 hereinabove, unless – the Buyer notifies the Seller promptly of any breach of industrial property rights or copy- rights claimed by any third party, – the Buyer reasonably supports the defense of any such claims by the Seller and allows the Seller to make modifications as referred to in Clause 3.2 hereinabove, – the Buyer allows the Seller to defend at its own cost any such claim or to make any out-of- court settlement with respect to any such claim as the Seller may think fit, – the legal defect is not due to any instructions given by the Buyer to the Seller and – the legal defect is not due to any modification of the Goods by the Buyer or any use of the Goods not in conformity with the intended use. 3.4 Notwithstanding the limitations in Clauses 3.2 and 3.3 hereinabove, the provisions laid down by law shall apply, if and in as far as – the title of the Buyer against the Seller is held under Section 478 or under Sections 651 and 478 of the German Civil Code, – the Seller is liable for the breach of the industrial property rights or the copyrights due to any willful act, neglect or omission or any gross negligence on the part of the Seller, – the Seller warranted (as provided for in Section 443 of the German Civil Code) that the Goods will not violate any industrial property rights or copyrights or – any damages claimed as a result of any breach of any industrial property rights or copy rights are on the grounds of any loss of life, injury, loss of health or loss of freedom.

Legal defects. 3.1 The liability of the Seller for the Goods not to be in breach of any third-party industrial property rights or copyrights shall be limited to the Federal Republic of Germany and the country in which the Buyer is registered. The Seller shall have no such liability for any other country, such as any country to which the Goods may be moved by the Buyer, unless such other country has been notified by the Buyer to the Seller prior to awarding the contract or placing the order for the Goods. 3.2 If the use of the Goods delivered by the Seller to the Buyer is in breach of any third-party industrial property rights or copyrights and the Seller is liable for said breach according to Clause 3.1 hereinabove, the Seller shall, at its cost, obtain for the Buyer the right to continue the use of said Goods or xxxxxx said Goods in a manner reasonably acceptable to the Buyer so that said Goods will no longer be in breach of any such industrial property rights or copyrights. If such rights cannot be obtained at reasonable commercial terms or within a reasonable period of time and if the Goods cannot be so modified, then the Buyer shall have the right, at its discretion, to rescind the contract awarded by the Buyer to the Seller or the order placed by the Buyer with the Seller or to obtain from the Seller a reasonable reduction in the price of said Goods. The Seller shall in any such event further indemnify the Buyer against any undisputed claims or any claims determined by non-appealable court decision of the owners of such industrial property rights or copyrights. 3.3 Subject to Clause 3.4 hereinbelow, the Buyer shall not have the rights under Clause 3.2 hereinabove, unless – the Buyer notifies the Seller promptly of any breach of industrial property rights or copy- rights copyrights claimed by any third party, – the Buyer reasonably supports the defense of any such claims by the Seller and allows the Seller to make modifications as referred to in Clause 3.2 hereinabove, – the Buyer allows the Seller to defend at its own cost any such claim or to make any out-of- court out- Ofcourt settlement with respect to any such claim as the Seller may think fit, – the legal defect is not due to any instructions given by the Buyer to the Seller and – the legal defect is not due to any modification of the Goods by the Buyer or any use of the Goods not in conformity with the intended use. 3.4 Notwithstanding the limitations in Clauses 3.2 and 3.3 hereinabove, the provisions laid down by law shall apply, if and in as far as – the title of the Buyer against the Seller is held under Section 478 or under Sections 651 and 478 of the German Civil Code, – the Seller is liable for the breach of the industrial property rights or the copyrights due to any willful act, neglect or omission or any gross negligence on the part of the Seller, – the Seller warranted (as provided for in Section 443 of the German Civil Code) that the Goods will not violate any industrial property rights or copyrights or – any damages claimed as a result of any breach of any industrial property rights or copy rights are on the grounds of any loss of life, injury, loss of health or loss of freedom.as

Legal defects. 3.1 The liability of the Seller for the Goods not to be in breach of any third-party industrial property rights or copyrights shall be limited to the Federal Republic of Germany and the country in which the Buyer is registered. The Seller shall have no such liability for any other country, such as any country to which the Goods may be moved by the Buyer, unless such other country has been notified by the Buyer to the Seller prior to awarding the contract or placing the order for the Goods. 3.2 If the use of the Goods delivered by the Seller to the Buyer is in breach of any third-party industrial property rights or copyrights and the Seller is liable for said breach according to Clause 3.1 hereinabove, the Seller shall, at its cost, obtain for the Buyer the right to continue the use of said Goods or xxxxxx said Goods in a manner reasonably acceptable to the Buyer so that said Goods will no longer be in breach of any such industrial property rights or copyrights. If such rights cannot be obtained at reasonable commercial terms or within a reasonable period of time and if the Goods cannot be so modified, then the Buyer shall have the right, at its discretion, to rescind the contract awarded by the Buyer to the Seller or the order placed by the Buyer with the Seller or to obtain from the Seller a reasonable reduction in the price of said Goods. The Seller shall in any such event further indemnify the Buyer against any undisputed claims or any claims determined by non-appealable court decision of the owners of such industrial property rights or copyrights. 3.3 Subject to Clause 3.4 hereinbelow, the Buyer shall not have the rights under Clause 3.2 hereinabove, unless – - the Buyer notifies the Seller promptly of any breach of industrial property rights or copy- rights copyrights claimed by any third party, – - the Buyer reasonably supports the defense of any such claims by the Seller and allows the Seller to make modifications as referred to in Clause 3.2 hereinabove, – - the Buyer allows the Seller to defend at its own cost any such claim or to make any out-of- of-court settlement with respect to any such claim as the Seller may think fit, – - the legal defect is not due to any instructions given by the Buyer to the Seller and – - the legal defect is not due to any modification of the Goods by the Buyer or any use of the Goods not in conformity with the intended use. 3.4 Notwithstanding the limitations in Clauses 3.2 and 3.3 hereinabove, the provisions laid down by law shall apply, if and in as far as – - the title of the Buyer against the Seller is held under Section 478 or under Sections Section 651 and 478 of the German Civil Code, – - the Seller is liable for the breach of the industrial property rights or the copyrights due to any willful act, neglect or omission or any gross negligence on the part of the Seller, – - the Seller warranted (as provided for in Section 443 of the German Civil Code) that the Goods will not violate any industrial property rights or copyrights or – - any damages claimed as a result of any breach of any industrial property rights or copy rights copyrights are on the grounds of any loss of life, injury, loss of health or loss of freedom.

Legal defects. 3.1 The liability of the Seller for the Goods not to be in breach of any third-party industrial property rights or copyrights shall be limited to the Federal Republic of Germany and the country in which the Buyer is registered. The Seller shall have no such liability for any other country, such as any country to which the Goods may be moved by the Buyer, unless such other country has been notified by the Buyer to the Seller prior to awarding the contract or placing the order for the Goods. 3.2 If the use of the Goods delivered by the Seller to the Buyer is in breach of any third-party industrial property rights or copyrights and the Seller is liable for said breach according to Clause 3.1 hereinabove, the Seller shall, at its cost, obtain for the Buyer the right to continue the use of said Goods or xxxxxx said Goods in a manner reasonably acceptable to the Buyer so that said Goods will no longer be in breach of any such industrial property rights or copyrights. If such rights cannot be obtained at reasonable commercial terms or within a reasonable period of time and if the Goods cannot be so modified, then the Buyer shall have the right, at its discretion, to rescind the contract awarded by the Buyer to the Seller or the order placed by the Buyer with the Seller or to obtain from the Seller a reasonable reduction in the price of said Goods. The Seller shall in any such event further indemnify the Buyer against any undisputed claims or any claims determined by non-appealable court decision of the owners of such industrial property rights or copyrights. 3.3 Subject to Clause 3.4 hereinbelowherein below, the Buyer shall not have the rights under Clause 3.2 hereinabove, unless – ⮚ the Buyer notifies the Seller promptly of any breach of industrial property rights or copy- rights copyrights claimed by any third party, – ⮚ the Buyer reasonably supports the defense of any such claims by the Seller and allows the Seller to make modifications as referred to in Clause 3.2 hereinabove, – ⮚ the Buyer allows the Seller to defend at its own cost any such claim or to make any out-of- of-court settlement with respect to any such claim as the Seller may think fit, – ⮚ the legal defect is not due to any instructions given by the Buyer to the Seller and – ⮚ the legal defect is not due to any modification of the Goods by the Buyer or any use of the Goods not in conformity with the intended use. 3.4 Notwithstanding the limitations in Clauses 3.2 and 3.3 hereinabove, the provisions laid down by law shall apply, if and in as far as – ⮚ the title of the Buyer against the Seller is held under Section 478 or under Sections 651 and 478 of the German Civil Code, – ⮚ the Seller is liable for the breach of the industrial property rights or the copyrights due to any willful act, neglect or omission or any gross negligence on the part of the Seller, – ⮚ the Seller warranted (as provided for in Section 443 of the German Civil Code) that the Goods will not violate any industrial property rights or copyrights or – ⮚ any damages claimed as a result of any breach of any industrial property rights or copy rights copyrights are on the grounds of any loss of life, injury, loss of health or loss of freedom.

Legal defects. 3.1 The liability of the Seller for the Goods not to be in breach of any third-party industrial property rights or copyrights shall be limited to the Federal Republic of Germany and the country in which the Buyer is registered. The Seller shall have no such liability for any other country, such as any country to which the Goods may be moved by the Buyer, unless such other country has been notified by the Buyer to the Seller prior to awarding the contract or placing the order for the Goods. 3.2 If the use of the Goods delivered by the Seller to the Buyer is in breach of any third-party industrial property rights or copyrights and the Seller is liable for said breach according to Clause 3.1 hereinabove, the Seller shall, at its cost, obtain for the Buyer the right to continue the use of said Goods or xxxxxx said Goods in a manner reasonably acceptable to the Buyer so that said Goods will no longer be in breach of any such industrial property rights or copyrights. If such rights cannot be obtained at reasonable commercial terms or within a reasonable period of time and if the Goods cannot be so modified, then the Buyer shall have the right, at its discretion, to rescind the contract awarded by the Buyer to the Seller or the order placed by the Buyer with the Seller or to obtain from the Seller a reasonable reduction in the price of said Goods. The Seller shall in any such event further indemnify the Buyer against any undisputed claims or any claims determined by non-appealable court decision of the owners of such industrial property rights or copyrights. 3.3 Subject to Clause 3.4 hereinbelow, the Buyer shall not have the rights under Clause 3.2 hereinabove, unless – the Buyer notifies the Seller promptly of any breach of industrial property rights or copy- rights copyrights claimed by any third party, – the Buyer reasonably supports the defense of any such claims by the Seller and allows the Seller to make modifications as referred to in Clause 3.2 hereinabove, – the Buyer allows the Seller to defend at its own cost any such claim or to make any out-of- court out- Ofcourt settlement with respect to any such claim as the Seller may think fit, – the legal defect is not due to any instructions given by the Buyer to the Seller and – the legal defect is not due to any modification of the Goods by the Buyer or any use of the Goods not in conformity with the intended use. 3.4 Notwithstanding the limitations in Clauses 3.2 and 3.3 hereinabove, the provisions laid down by law shall apply, if and in as far as – the title of the Buyer against the Seller is held under Section 478 or under Sections 651 and 478 of the German Civil Code, – the Seller is liable for the breach of the industrial property rights or the copyrights due to any willful act, neglect or omission or any gross negligence on the part of the Seller, – the Seller warranted (as provided for in Section 443 of the German Civil Code) that the Goods will not violate any industrial property rights or copyrights or – any damages claimed as a result of any breach of any industrial property rights or copy rights are on the grounds of any loss of life, injury, loss of health or loss of freedom.