General Terms and Conditions for the Sale of Products and Provision of Services by A. Eberle GmbH & Co. KG.
A. Eberle GmbH & Co. KG supplies on the basis of the General Conditions for the Supply of Products and Services of the Electrical and Electronics Industry (ZVEI), the disclaimer in Section XII paras. 4–6, the Supplementary Agreement on the Disposal of Electrical Goods and Electronics (EAR, registration number: WEEE-Reg.-Nr. DE 37396879) in Section XV and the Supplementary Agreement on the Non-Disclosure of Business Documents Handed Over in Section XVI.
XII. Other claims for damages – supplement
- Our contractual or statutory liability for slightly negligent breaches of duty is excluded. This applies in particular to contractual breaches of secondary obligations. This limitation of liability does not apply to damages resulting from injury to life, limb and health. In addition, our liability for breaches of obligations that are fundamental requirements for the execution of the contract and on which the customer can regularly rely remains unaffected. The same applies to breaches of obligation by our vicarious agents.
- Our liability for power failures and their consequences at the premises of our contractual partner or of a third party business with which our contractual partner is contractually associated is expressly excluded within the framework of para. 4, insofar as these power failures are not attributable to material damage caused by us through gross negligence or wilful intent. The limitation of liability does not apply in the event of intentional or grossly negligent conduct on our part or if our main contractual performance expressly consists of the provision of electricity in addition to the installation and delivery of parts.
- Direct damages such as production shutdowns, lost profits or downtime will not – for whatever legal reason they occur – be compensated.
XV. Supplementary agreement on the disposal of electrical goods and electronics
1a. The purchaser is obliged to properly dispose of the goods supplied once use has finished at their own cost and in accordance with the legal requirements, in particular the German Electrical Goods and Electronics Act (ElektroG).
1b. On agreement, the supplier is prepared to take back the supplied goods once use has finished, with the customer paying the shipping costs. In this case, the supplier will dispose of the goods at their own cost, in accordance with the legal requirements.
- The purchaser exempts the supplier from obligations under Section 10 para. 2. sentences1 and 4 of the ElektroG (obligation to receive and dispose of returns) and thus from any connected claims by third parties.
- The purchaser’s obligations under points (1) and (2) also apply in cases where the purchaser supplies the goods onwards to other companies.
- The supplier’s claims resulting from this supplementary agreement cannot expire until two years have passed from the date that the purchaser informs the supplier in writing regarding the final termination of use of the delivered goods, but at the latest 20 years from delivery of the goods to the purchaser.
XVI. Supplementary agreement on the non-disclosure of provided business documents
The contracting parties mutually undertake to treat all business secrets that have come to their knowledge in connection with this contract as strictly confidential and to protect them to the best of their ability from access by third parties. This also applies to any employees or subcontractors (if they absolutely require access to this information) who must be expressly informed of the confidentiality of the information and obliged to maintain its secrecy.