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Orders via internet at VDMA Publishing House by a customer acting als a professional or company underly the following general conditions:
1. Delivery
Delivery takes place subject to the availability of the items ordered. In case the item oredered is not available, your order will be marked down. If out of print you have the choice either to cancel your order or to let us mark down the next edition. In any case you will be informed about the non availabilty of the item.
Shipping cost are due to the customer. Any item delivered remain property of the publishing house, until invoice will be payed in full.
Licence of software is subject to the payment in complete.
As singular items are restricted to members of VDMA or are delivered on special conditions, we reserve the right to refuse delivery or fullfill to the conditions applicable to non members, if an order has been made with wrong declarations.
2. Defect Liability
For defects VDMA Publishing House will be liable for 12 months and accordig to legal restrictions of commercial law, unless not regulated below.
Defect liabilty for software is excluded, if the customer modifies software, installs software incorrectly, does not use software according to the general conditions or the intended pupose.
Liability of VDMA Publishing House for damages that do not occur to the item ordered will only appy in case of of intent or gross negligence of the general or top anagement, in case of damage attributable to fraudulent concealment or despite specific guarantees or in case of culpably injuring life, body or health or as far as liability for damage to goods or persons applies according to product liabilita act. In the case of a culpable breach of a condition which goes to the root of the contract, VDMA Publishing House will be liable in the case of gross negligence of employees. In the case of a slightly negligent breach of a condition which goes to the root of the contract, the Supplier shall be liable only for reasonably foreseeable damage which is intrinsic to the contract. Further claims are excluded.
3. Delay and further liability
VDMA Publishing House will be liable for the delay or other breach of duty according to the conditions of para 2.
4. Licencing of Software
The customer gets the software and if necessary documentation on CD or as Download via internet shop.
VDMA Publishing House grants a non exclusive licence to use the software including its documentation. The customer is granted the right to copy the software under the destrictions of § 69a pp. of UrhG to to adapt, translate or to reengineer. Running of this software on more than one system is not allowed.
Files to edit are usulally delivered as Word files or open pdf. As far as VDMA Publishing House is not restricted by contracts with its authors or editors, printing, copying parts of the content an publishing on intranet servers of the customers is allowed. In Case of a restriction, the function in tho document delivered will be disabled.
A sublicencing to third parties including parent company, subsidiaries or affiliates is not allowed. If Content will be used in other documents, a hint of the source will be mandatory. Publishing as printed or digital of of isolated pages unchanged requires licence of the VDMA Publishing House.
All other rights concerning software or documentation are reserved to VDMA Publishing House.
It is the customers duty to prevent unauthorized use of this software by appropriate means. Original storage media and safety copies are to be store at a place safe from unauthorized use.
5. Final Clauses
Should any individual provision of these terms of delivery and payment be or become void, the validity of the remaining provisions hereof and any contracts concluded on the basis of these terms of delivery and payment shall in no way be affected. In such a case, the void provision shall be replaced by a relative provision coming as close as possible to the commercial purpose of the void provision.
The exclusive venue shall be at Frankfurt. The Agreement shall be governed by the substantive law of the Federal Republic of Germany. UN Commercial Law is not applicable.
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