223 A llg em ein e G esch äftsb ed in g u n g en G en eral Term s Con d ition s of B u sin ess 10 In the event of contractual breaches by the principal in particular late payment the contractor is entitled to demand without notice the withdrawal of the delivery item or new item and or rescind the con tract the principal is obliged to surrender the item The demand for the return of a delivery item or new item does not constitute cancella tion of the contract by the contractor unless expressly stated 6 No liability for damages from distributors The seller is not liable for material damage of the delivery which he procured from third parties and distributed to the customer un changed the liability for intent and gross negligence remains unaf fected 7 Minor defects The liability for defects does not apply to insignificant deviations from the agreed conditions or to minor impairments to usability 8 Choice of supplementary performance The contractor is entitled to choose between remedial and replace ment options in all cases If the subsequent performance fails then the principal has the right to reduce or at his own discretion rescind the contract This does not affect the rights of the principal in accordance with the statutory provisions and conditions of this contract to demand dam ages in place of performance 9 Number of improvement attempts If the principal demands damages in place of performance or even self remedy of defects this isonly provided after the second attempt at repairing the item fails The statutory provisions regarding the dis pensability of setting a grace period shall remain unaffected 10 Expenses for supplementary performance The expenses necessary for the purposes of subsequent performance shall be borne by the principal if higher expenses are incurred as the deliveries or services in question are to be transported to a location other than that of the subsidiary of the principal unless this is in the course of correct and proper use 11 Liability without delay of delivery impossibility 1 The contractor is liable in cases of intent or gross negligence of the contractor or an agent or agents in accordance with statutory provisions In addition the contractor is liable only under the Product Liability Act in cases of loss of life limb or health or because of culpable violation of es sential contractual obligations The claim for damages for the breach of significant contractual obligations is however restricted to the contrac tual foreseeable damage The liability of the contractor in cases of gross negligence is also restricted to contractual foreseeable damage if none of the exceptions mentioned in Clause 2 of Para 1 are present 2 The liability for damages caused by the delivery item to legal inter ests of the principal e g damage to other matters is however fully excluded This does not apply in cases of intent or gross negligence or injury to life limb or health 3 The aforementioned provisions in paragraphs 1 and 2 extend to damages in addition to performance and compensation in place of performance regardless of the cause of action in particular because of defects breach of obligations arising from the debt ratio or tort actions They also apply to claims to cover expenses The liability for delay is determined in accordance with paragraph 12 However the liability for impossibility is covered under paragraph 13 4 A change in the burden of proof to the detriment of the principal is not connected to the above regulations 12 Liability in the case of delayed delivery 1 If non observance of time periods is due to force majeure for ex ample mobilisation war riot or similar events e g strike or lockout the time periods shall be extended accordingly 2 The contractor is liable for delay in performance of services in cases of intent or gross negligence on his part or on the part of an agent or agents in accordance with statutory provisions The liability of the contractor in cases of gross negligence is restricted however to con tractual foreseeable damage if none of the exceptions stated in clause 5 of this provision are present Furthermore the liability of the con tractor due to delayed performance for damages in addition to per formance and in place of performance is restricted to 5 of the value of deliveries services Additional claims by the principal even after expiry of a deadline to the contractor for performance are excluded The aforementioned restrictions do not apply to liability for injury to life limb or health A change in the burden of proof to the detriment of the principal is not connected to the above mentioned regulations 13 Liability in the case of impossibility 1 If non observance of time periods is due to force majeure for ex ample mobilisation war riot or similar events e g strike or lockout the time periods shall be extended accordingly 2 The contractor is liable for delay in performance of services in cases of intent or gross negligence on his part or on the part of an agent or agents in accordance with statutory provisions The liability of the contractor in cases of gross negligence is restricted however to con tractual foreseeable damage if none of the exceptions stated in clause 5 of this provision are present Furthermore the liability of the con tractor due to delayed performance for damages in addition to per formance and in place of performance is restricted to 5 of the value of deliveries services Additional claims by the principal even after expiry of a deadline to the contractor for performance are excluded The aforementioned restrictions do not apply to liability for injury to life limb or health A change in the burden of proof to the detriment of the principal is not connected to the above mentioned regulations

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