General terms and conditions
General conditions of delivery for the goods and services of A. Eberle GmbH & Co. KG
A. Eberle GmbH & Co. KG supplies in line with the general conditions of delivery for the German Electrical & Electronic Industry (ZVEI), the limitation of liability under XII section 4-6, the supplementary agreement on the disposal of electrical and electronic equipment (EAR, Registration number: WEEE-Reg.-Nr. DE 37396879) under XV and the supplementary agreement on maintaining the secrecy of business documents under XVI.
XII. Other claims for damages - supplement
4. In cases of slightly negligent breaches of duty, our contractual or legal liability is excluded. This applies in particular to subsidiary contractual obligations. The limitation of liability does not apply to losses arising from culpable injury to life, limb or health. Liability for the breach of duties, the fulfilment of which is essential for the proper execution of this Agreement and on which the user may normally be entitled to rely, shall also remain unaffected. The same applies to breaches of duties of our agents.
5. Within the framework of section 4, our liability for power cuts and their consequences on the premises of our contractual partner or a third party with which our contractual partner is contractually bound, insofar as this power cut is not a result of damage caused deliberately or due to gross negligence on our part, is expressly excluded. The limitation of liability also does not apply in the case of deliberate or grossly negligent behaviour on our part or if our principal contractual service expressly relates to the installation and supply of parts for the supply of power.
6. Compensation for indirect damage such as loss of production, loss of profit or loss of use is - irrespective of the legal basis - excluded.
XV. Supplementary agreement on the disposal of electrical and electronic appliances
1a) The customer is obliged to duly dispose of the supplied goods, following discontinuation of use, at their own expense and in line with the legal requirements, particularly those of the Electrical and Electronic Equipment Act (ElektroG)
1b) The supplier is, in accordance with the agreement, also prepared to take back the supplied goods following discontinuation of use, whereby the cost of shipping is the responsibility of the customer. In this case, the supplier will duly dispose of the goods in line with the legal requirements at their own expense.
2. The customer releases the supplier from liability in accordance with § 10 section 2.1 and .4 of ElektroG (Obligation of Redemption and Disposal) and thereby all related claims of third parties.
3. In accordance with clauses (1) and (2), the liability of the customer also applies in the case of the customer passing on the supplied goods to other businesses.
4. The supplier's claims under this agreement do not become time-barred until two years after the receipt of written notification from the customer to the supplier regarding the final discontinuation of use of the supplied goods, at latest 20 years following the delivery of the supplied goods to the customer.
XVI. Supplementary agreement on maintaining the secrecy of business documents
The contractual parties are equally obliged to treat all business secrets that come to be known to them in connection with this contract as strictly confidential and to protect them, to the best of their abilities, from being accessed by third parties. This also expressly relates to any employees and subcontractors (insofar as this mandatory access to information must be maintained), particularly to observe the confidentiality of information and to place them under obligation of discretion.