Termini e condizioni

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Art 1 General, Scope of the Terms and Conditions

EWIKON's deliveries, services and offers are solely made on the basis of these terms and conditions. Thus, the terms and conditions also apply for all future business relations, even if not explicitly agreed again. Contrary or other terms and conditions of the purchaser which otherwise deviate from EWIKON's terms and conditions will not be recognised, irrespective of how the purchaser declares their terms and conditions. Any counter confirmations of the purchaser with deviating terms and conditions are herewith opposed.

Deviations from these General Terms and Conditions of Sale are only valid if EWIKON confirms them in writing. All agreements made between EWIKON and the purchaser for the purposes of completion of the contract must be in writing. Telecommunicative transmission is sufficient. However, the electronic form is explicitly precluded.

Art 2 Offer/Quotation and Conclusion of the Contract

EWIKON's offers or quotations are subject to change and without obligations. Declarations of acceptance and all orders shall not be valid until confirmed in writing by EWIKON. The same applies for supplements, amendments, deviating agreements or collateral agreements. Drawings, illustrations, dimensions, weights or other performance data or properties are only binding if this is explicitly agreed in writing.

Art 3 Pricing, Price Changes

The prices named by EWIKON in the order confirmation plus the respective statutory VAT are applicable. Additional deliveries and services will be billed separately. If an order is altered after it has been confirmed by the purchaser, the purchaser shall be obliged to bear any resulting additional costs. The level of these will depend on the respective degree of completion.

Insofar as not agreed otherwise, the prices are ex works, excluding packaging and freight.

If the purchaser is a merchant/businessperson, a corporate public law body or a public law special fund: if the completion of the works is delayed by 6 months for reasons for which the purchaser is responsible and if the wages, material costs or marketable cost prices increase up until completion, EWIKON shall be entitled to increase the price by a reasonable amount according to the increased costs.

Art 4 Payment, Due Payment Date

Insofar as not agreed otherwise in writing, EWIKON's demands for payment are payable within 14 days from receipt of the invoice with a 2 % discount or within 30 days without deductions. If the purchaser gets into arrears with the payment, EWIKON shall be entitled to charge interest for late payment at a rate of 8 % above the base interest rate. The same interest rate applies for bills of exchange from the time they are accepted.

EWIKON is entitled, in spite of terms and conditions of the purchaser to the contrary, to first set off any payments against the purchaser's older debts. If costs and interest have already been incurred, EWIKON shall be entitled to set off the payment against the costs first, then the interest and finally against the main accounts receivable.

The payment is not deemed to have been made until EWIKON can dispose of the sum; in the case of payments made with a cheque, when the cheque is redeemed.

If the purchaser fails to meet their payment obligations, does not redeem a cheque, cancels their payments or if other circumstances become known which cause doubt in the purchaser's creditworthiness EWIKON shall be entitled to make the whole of the remaining debt due, even if it has accepted cheques. In this case, EWIKON shall also be entitled to demand advance payments or collateral and to withdraw from any current contracts.

The purchaser is only entitled to offset costs, retention or reduction, even if they have submitted defects notices and made counter claims, if the counter claims have been non-appealably determined by a court or are recognised by EWIKON.

All costs associated with the payment shall be borne by the purchaser.

Art 5 Delivery Date and Delay

The date given by EWIKON in the order confirmation is deemed to be agreed as being approximate and is non-binding. A binding delivery date requires an explicit written agreement. Delivery periods do not commence until all the order details have been fully clarified. In case of subsequent changes to the extent of delivery the delivery deadline shall be extended accordingly. Delivery dates and periods refer to the time at which the goods are ready for dispatch.

EWIKON shall not be deemed responsible for any delivery and performance delays due to force majeure and due to events which essentially make delivery by EWIKON difficult and impossible - including material procurement difficulties, operational disruptions of any kind, strikes, lock outs, personnel shortages, lack of means of transport, official directives, etc. - even if they occur at EWIKON's suppliers or their sub-suppliers, and even with respect to bindingly agreed deadlines and periods. The aforementioned shall entitle EWIKON to postpone the delivery or performance by the duration of the hindrance plus a reasonable start up period or to wholly or partially withdraw from the contract with respect to the not yet fulfilled part.

If the delay lasts longer than 3 months, the purchaser shall be entitled to withdraw from the contract with respect to the not yet fulfilled part, after they have unsuccessfully set a reasonable period for the performance.

Claims for compensation made by the purchaser, in particular pursuant to Art 280 ff BGB are precluded in all these cases; unless EWIKON or its vicarious agents or employees have caused the reason for the withdrawal deliberately or due to gross negligence. However, the level of compensation shall be limited to 15 % of the order total (not including VAT).

Art 6 Transfer of Risk

The risk is transferred to the purchaser as soon as the dispatch has been handed over to the person responsible for the transport or has left EWIKON's works or stores for the purpose of dispatch, irrespective of who bears the freights costs. If the dispatch is delayed for reasons outside of EWIKON's control, the risk shall be transferred to the purchaser with their receipt of notice of readiness to dispatch.

Art 7 Purchaser's Rights and Obligations in Case of Defects

The purchaser shall notify EWIKON of any defects in writing immediately, i.e. within one calendar week of receipt of the delivery at the latest. In the case of defects which cannot be determined within this period, despite careful examination, EWIKON shall be informed in writing immediately after they are discovered. If the purchaser fails to notify EWIKON of a defect in good time, the delivered goods shall be deemed as being approved, i.e. the purchaser's rights due to defects shall be precluded.
If the purchaser informs EWIKON of a defect in good time acc. to point 1. hereof, their rights shall be oriented to the statutory regulations of Art 437 to 444 BGB with the following amendments:
1. In a first step, EWIKON offers to the purchaser the correction of defects. The type and location of correction of defects shall be determined by EWIKON.
  
  If EWIKON fails to correct the non-conformity within a reasonable delay three (3) times in a row, EWIKON is entitled to supply a defects free object instead of correcting the defect. In this case the purchaser shall be obliged to return the defective object to EWIKON at their request. If the purchaser demands that the subsequent fulfilment be undertaken at a location determined by the purchaser but other than the location defined in the purchase contract, EWIKON can meet this demand, whereby any additional expenses for working hours, travel costs and expenses shall be borne by the purchaser at EWIKON's standard rates.
2. The entitlement to compensation shall only exist, subject to the provision in Art. 12, for damage or losses deliberately caused by EWIKON, its employees or vicarious agents or by means of gross negligence and shall only extend to the replacement of losses or damage which have been incurred in the product itself, called consequential damages.
3. The purchaser's entitlements in the case of defects become statute barred in one (1) year, commencing with the handover of the object to the purchaser.
4. Only the contractually defined purchaser is entitled to claim the rights in case of defects and these are not transferable, as long as there is no contradiction to Art. 309 point 9 of German Civil Code.
The rights in case of defects are precluded in the case of
1. wear or damage caused by wear, which especially applies to all parts which are in direct contact with flowing or standing plastic melts, if the melt contains additives, which have an abrasive or corrosive effect;
2. failure to follow EWIKON's operating or servicing instructions;
3. modifications made to the products by the purchaser, the replacement of parts or use of consumables, which do not meet the original specifications, improper handling, use or repair of the products and incorrect or faulty storage;
4. conditions of use for the products, which have not been agreed beforehand between the purchaser and EWIKON in written form as the basis of the order;
5. Use of hotrunner control equipment, which does not meet technological state of the art standards at the time the contract is concluded.

In case of minor defects, i.e. bagatelle damages at the product, it is at EWIKON’s discretion to offer to the purchaser rectification of the defect or delivery of a brand-new product.

Actions by the purchaser non-conform with the purchase contract and leading to the preclusion of the rights in the case of defects mentioned above shall be deemed the same as the corresponding actions of third parties within the purchaser's sphere, especially any mould makers commissioned by the purchaser, to whom EWIKON delivers the product directly at the instruction of the purchaser.

Art 8 Return of standard components

EWIKON is not obliged to take back defects free work made as instructed, not even if the purchaser subsequently determines that they fully or partly do not require the work or cannot use it.
EWIKON is however prepared to take back unused EWIKON hotrunner standard components.

Whether the components are accepted or not will be decided by EWIKON for each respective individual case. EWIKON will credit the purchaser with the returned goods. EWIKON is entitled to charge a handling fee of at least 20% of the credited sum for the additional costs incurred by the return of the goods and to immediately deduct this fee from the credited sum.

Art 9 Reservation of Title

The purchaser shall provide EWIKON with the following securities until all demands have been fulfilled (including all balance demands from the current account), to which EWIKON is entitled from the purchaser for any legal reason whether now or in the future, which EWIKON will release at the demand of the purchaser at its discretion, insofar as their value does not exceed the demand by more than 20 %:

The goods remain the property of EWIKON. Processing and transformation of the goods shall always take place for EWIKON as the manufacturer, however without any obligation for EWIKON. If EWIKON's (co-)ownership expires due to joining, it shall be deemed already agreed with immediate effect that the purchaser's (co-) ownership in the uniform object shall be transferred to EWIKON proportional to the share of the value (invoice value). The purchaser shall safeguard EWIKON's (co-owned) property free of charge. Goods in which the seller is entitled to (co-)ownership shall be termed reserved goods in the following.
The purchaser is entitled to process and to sell the reserved goods in proper business transactions, as long they are not in arrears. Pledging or transfer of ownership as security are not permitted. Any demands (including all balance demands for current account) which result from the further sale or any other legal reason (insurance, non-permitted action) with respect to the reserved goods shall be herewith transferred by the purchaser to their full extent to EWIKON. EWIKON irrevocably empowers the purchaser to collect the demands assigned to EWIKON on its account in the purchaser's own name. The authorisation to collect can only be cancelled if the fails to meet their payment obligations or bills of exchange or cheques are not honoured.

In the case of seizure of the reserved goods by third parties, the purchaser shall inform them of EWIKON's (co-)ownership and shall inform EWIKON immediately.

In the case of contract infringements by the purchaser, especially in case of payment arrears, EWIKON shall be entitled to withdraw from the contract, if it has unsuccessfully set the purchaser a reasonable performance deadline beforehand and this deadline has expired. A period of 2 weeks is reasonable. Art 323 Para. 2 ff BGB apply accordingly.

Art 10 Design and/or Construction Changes

EWIKON reserves the right to make design, construction or form changes at any time, especially where such changes are necessary due to the legislator's requirements; however it is not obliged to carry out such changes to already delivered products.

Art 11 Confidentiality and Secrecy

Insofar as not explicitly agreed otherwise in writing, information given to EWIKON by the purchaser within the scope of the business relationship between the parties or information which it has otherwise gained knowledge of shall not be deemed confidential.

Art 12 Liability

Art. 7 Item 2 b applies accordingly for EWIKON's liability. All claims to which the claimant is not explicitly entitled under Art.7 Item 2 b, including those for compensation shall be precluded - no matter the legal reason - insofar as this is legally permissible. In other respects, EWIKON shall only be liable according to the Product Liability Law, due to injury to life/fatal injuries, physical injury or damage to health or due to culpable breach of material contractual obligations. Apart from the liability according to the Product Liability Law, the claim for compensation for breach of material contractual obligations shall only extend to damages incurred on the product itself, even in cases of gross negligence.

Art 13 Applicable Law

These terms and conditions of business and all legal relationships between the parties shall be deemed to be governed by German law with exclusion of the law concerning the international purchase of movable objects, even if the purchaser's registered offices are abroad.

Art 14 Jurisdictional Venue

The jurisdictional venue for all disputes arising directly or indirectly out of the contract relationship shall be 35066 Frankenberg/Eder (Germany), if the purchaser is merchant/businessperson, a corporate public law body or a public law special fund. However, EWIKON is entitled to file a suit with the court responsible for the place where the purchase has their registered offices.

Art 15 Partial Invalidity

Should a term or condition in these General Terms and Conditions of Sale or a provision within the scope of other agreements be or become invalid, the validity of all the remaining terms and conditions and agreements shall remain unaffected.

Art 16 Miscellaneous

If the purchaser wishes to assign rights and obligations arising out of the contract concluded with us to third parties, this shall require our written consent in order to be valid.

Status: February 2024

EWIKON Heißkanalsysteme GmbH
Siegener Straße 35
35066 Frankenberg
Tel.: (+49) 6451 501-0
Fax: (+49) 6451 501-202

Download Special Conditions for Software Maintenance (smart CONTROL)as PDF

Special Conditions for Software Maintenance (smart CONTROL)

§ 1 General

The Customer has acquired a smart CONTROL system (hereinafter referred to as "smart CONTROL") from EWIKON Heißkanalsysteme GmbH (hereinafter referred to as "EWIKON") on the basis of an individual contract. An essential component of smart CONTROL is a modular software consisting of a basic module and various optional additional modules. The software modules acquired by the Customer are specified in more detail in the individual contract.
After separate order by the Customer, EWIKON shall provide maintenance services for the software modules acquired by the Customer in accordance with these Special Conditions for Software Maintenance.

§ 2 Subject Matter of the Maintenance Services

The maintenance services according to §§ 3 to 6 refer to the software modules acquired by the Customer, including the user documentation (hereinafter collectively referred to as "Contractual Software"). The optional software module "virtual RHEOLOGY screw" is excluded from the maintenance services.
EWIKON shall provide the maintenance services for the respective current version of the Contractual Software as well as for the respective previous version, whereby the respective previous version shall be maintained for a maximum period of 6 months from the date of the provision of the current version.

§ 3 Hotline Service

EWIKON shall provide a hotline for the Customer to receive error messages and to advise the Customer on questions regarding the application of the Contractual Software. The hotline can be reached via:
E-mail: smartcontrol@ewikon.com
Telephone: 06451-501-456
The hotline is available to the Customer during the service hours specified below:
Monday to Friday from 8.00 a.m. to 4.00 p.m. (CET)
(excluding national holidays and regional holidays at EWIKON's seat)

The hotline service is limited to two hours per month for application questions. EWIKON is entitled to charge for any additional use separately at the applicable hourly rates.

§ 4 Error Handling

EWIKON shall - as far as possible - provide the Customer with assistance in eliminating the error within the service times specified in § 3 Para. 2. Alternatively, EWIKON may eliminate the error by providing a new version in the interval specified in § 5 Para. 1. However, the Customer is not entitled to demand the provision of a new version before the regular provision date. The provision of a new version by EWIKON as well as the installation to be carried out by the Customer are described in more detail in § 5 Paragraph 2.
On-site error handling is not owed within the lump sum remuneration in accordance with § 10 Para. 1. If the Customer requests on-site error handling, this shall be deemed an "additional service" within the meaning of § 7, which shall be ordered and remunerated separately.
If an error in the Contractual Software reported by the Customer does not exist, EWIKON shall be entitled to invoice the expenditure caused by this separately at EWIKON's current hourly rates.
Errors which have arisen due to the fact that the Customer uses the Contractual Software in breach of the contract or changes it without authorisation shall be excluded from the error handling.

§ 5 Provision of new Versions

EWIKON shall provide the Customer with the current version of the Contractual Software released by EWIKON. A new version is understood to mean in particular updates, upgrades or other actualisations of the Contractual Software. EWIKON assumes that new versions will generally be made available every six months. A transfer of the source code of the new version to the Customer is not owed.
The provision of a new version shall usually be made as a file for download. EWIKON shall provide the Customer with the information required for the download. The Customer shall be responsible for the correct and proper installation of the new version. At the request of the Customer, EWIKON shall support the Customer in this against separate remuneration.
If EWIKON has made specific modifications to the Contractual Software according to the Customer's requirements, EWIKON shall also make these - insofar as technically possible - in the new version against separate remuneration.

§ 6 Documentation

Upon provision of new versions, EWIKON shall provide the Customer with corresponding updated user documentation. This documentation shall be made available to the Customer either in paper or electronic form, at EWIKON's discretion.

§ 7 Additional Services

Subject to technical and operational possibilities, EWIKON shall, at the request of the Customer and for additional remuneration, provide services which are related to the Contractual Software and are not included in the services described in §§ 3 to 6. This shall apply in particular to

- services provided by EWIKON at the Customer's premises (§ 4 Para. 2);

- services to the Contractual Software which become necessary due to use in breach of the contract or unauthorised modification of the Contractual Software by the Customer (§ 4 Para. 4);

- adaptations of the Contractual Software to new or modified equipment, tools or operating systems of the Customer.

§ 8 Rights of Use

EWIKON grants the Customer the rights of use agreed in the "Special Conditions for the Supply of smart CONTROL" for the new versions provided and the related user documentation.

§ 9 Obligations of the Customer to cooperate

The Customer shall be obliged to take over new versions of the Contractual Software provided by EWIKON in accordance with § 5 and to install them within three months of provision. The Customer is advised that maintenance services can only be provided to a limited extent if he fails to do so (see § 2 Para. 2).

§ 10 Remuneration, Terms of Payment

The maintenance services to be provided pursuant to §§ 3 to 6 shall be remunerated with an annual lump sum, the amount of which shall be determined by individual contract.
The lump sum shall be paid annually in advance and shall be due at the beginning of each calendar year. If the maintenance services begin during the course of the year, a pro rata lump sum shall be paid for the remainder of the year, which shall become due at the beginning of the maintenance services.
Additional services (§ 7) shall be remunerated separately by the Customer at EWIKON's current hourly rates. Travel and accommodation costs shall be reimbursed separately according to the expenses incurred.
The remuneration shall be invoiced after performance of the respective individual order and shall be due for payment within 30 days of the invoice date.

§ 11 Liability for Defects in Quality and Title

EWIKON warrants that the new versions provided to the Customer within the scope of the software maintenance are not afflicted with defects which significantly impair the functionality of the Contractual Software. Furthermore, EWIKON warrants that the Customer can use the new versions without infringing the rights of third parties.
The limitation period for claims for defects is 12 months and begins with the respective delivery of a new version.

§ 12 Other Liability

EWIKON shall be liable for damages incurred by the Customer in connection with the provision of the maintenance services as follows:

EWIKON shall be liable in accordance with the statutory provisions in the event of

- intent and gross negligence,

- for injury to life, body and health,

- according to the regulations of the product liability law as well as

- in the case of defects which EWIKON has fraudulently concealed or the absence of which EWIKON has guaranteed.
In the event of a breach of an obligation which is essential for the achievement of the purpose of the contract and which EWIKON has breached neither intentionally nor through gross negligence, EWIKON shall be liable for the foreseeable damage typical for the contract. The parties agree that the contract-typical foreseeable damage does not exceed an amount of EUR 20,000.
EWIKON shall not be liable for any further damages.

§ 13 Term of the Contract, Termination

The software maintenance contract shall come into force with the ordering of the maintenance services and shall run for an indefinite period. It may be terminated with three months' notice to the end of any calendar month.
The right to extraordinary termination for good cause remains unaffected.
Any termination must be in text form at least.

§ 14 Miscellaneous

Amendments and supplements to these Special Conditions for Software Maintenance must be made in text form.
General terms and conditions of the Customer will not apply.
The Special Conditions for Software Maintenance and all legal relationships between the parties shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
The place of jurisdiction shall be the court responsible for EWIKON's registered office. EWIKON shall, however, also be entitled to sue the Customer at the court responsible for the Customer's registered office.
Should any provision of these Special Conditions for Software Maintenance be invalid, this shall not affect the validity of the remaining provisions. In this case, the parties shall replace the invalid provision with a valid provision that comes closest in economic terms to the intended purpose of the invalid provision.

Status: September 2022

Ewikon Heißkanalsysteme GmbH
Siegener Straße 35 ● 35066 Frankenberg
Tel.: (+49) 6451 / 5010 ● Fax: (+49) 6451 / 501202
E-Mail: info@ewikon.com ● www.ewikon.com

Download Special Conditions for the Supply (smart CONTROL)as PDF

§ 1 Scope of the Special Conditions

EWIKON Heißkanalsysteme GmbH (hereinafter referred to as "EWIKON") has developed an assistance system for supporting production monitoring of the injection moulding process. This system is sold under the name "smart CONTROL". An essential component of smart CONTROL is a modular software consisting of a basic module and various optional additional modules.
The Special Conditions shall apply to all deliveries of smart CONTROL by EWIKON and supplement EWIKON's General Terms and Conditions of Sale and Payment. In the event of contradictions between the Special Conditions and the General Terms and Conditions of Sale and Payment, the Special Conditions shall prevail.
Deviating or conflicting terms and conditions of the Customer shall only become part of the contract if and insofar as EWIKON has expressly agreed to their validity in writing. The Special Conditions shall apply even if EWIKON unconditionally carries out the delivery to the Customer in the knowledge that the Customer's terms and conditions contradict or deviate from the Special Conditions.

§ 2 Delivery of smart CONTROL

The delivery of smart CONTROL (including the installed software) shall take place on the basis of an individual contract (offer and acceptance) to be concluded between EWIKON and the Customer. The software modules to be delivered to the Customer as well as the number of licences to be granted shall be specified in the individual contract.
The scope of delivery shall also include the user documentation for the software. The documentation shall be made available to the Customer either in paper or electronic form, at EWIKON's discretion.
If agreed in the individual contract, EWIKON shall modify the software modules to the Customer's requirements.
The software modules acquired by the Customer and modified for him (if agreed), including the user documentation, are hereinafter collectively referred to as "Contractual Software".

§ 3 Granting of Rights of Use to the Contractual Software

The Contractual Software is protected by copyright. Copyright notices on the Contractual Software may neither be removed nor changed.
Upon full payment of the remuneration agreed in the individual contract for the delivery of smart CONTROL, EWIKON shall grant the Customer a non-exclusive right, unlimited in terms of time and place, to use the Contractual Software for the intended purpose (§ 1 Para. 1) in accordance with the following conditions:

a) Depending on the licence acquired on the basis of the individual contract, the Customer may process a certain number of incoming data simultaneously with the Contractual Software. If the Customer wishes to process a greater number of incoming data simultaneously than he is permitted to do with the purchased licence, larger processing capacities can be activated by EWIKON, provided that the Customer purchases additional licence(s).

b) The Customer shall not be granted any right to access, use or disclose the source code of the Contractual Software.

c) Copies of the Contractual Software are only permitted to the extent that this is necessary for the intended use of the Contractual Software. The Customer may make a backup copy of the Contractual Software if this is necessary to secure future use. The Customer shall visibly affix the note "Backup copy" as well as a copyright note referring to EWIKON on the created backup copy.

d) The Customer shall only be entitled to decompile the Contractual Software if this is necessary to achieve the interoperability of the Contractual Software with other programs. This, however, only under the condition that EWIKON does not make the necessary information available to the Customer within a reasonable period of time upon the Customer's request.

e) The Customer is only authorised to modify the Contractual Software insofar as this is necessary to eliminate an error. This, however, only under the condition that the Customer has previously given EWIKON the opportunity to eliminate the error.

f) The Customer is entitled to sell smart CONTROL including the Contractual Software to a third party. The Customer shall inform EWIKON in advance of the intended sale. In the event of the sale, the Customer shall completely give up the use of the Contractual Software, remove all installed copies of the program from his computers and delete all copies on other data media. Furthermore, the Customer shall expressly oblige the acquiring third party to comply with the scope of the granting of rights in accordance with the provisions of this § 3.

g) The rental or loan of smart CONTROL including the Contractual Software to a third party, e.g. within the framework of a tool loan, is allowed provided that the Customer informs EWIKON in advance of the intended transfer and the Customer expressly obliges the third party to comply with the scope of the granting of rights in accordance with the provisions of this § 3. For the period of temporary transfer to the third party, the Customer shall not be entitled to use the Contractual Software itself.
If the Customer uses the Contractual Software to an extent which exceeds the rights of use acquired by him qualitatively (with regard to the type of permitted use) or quantitatively (with regard to the number of acquired licences), he has to inform EWIKON immediately of the overuse and to acquire the licence(s) necessary for the permitted use from EWIKON. Otherwise, EWIKON shall immediately assert the rights to which it is entitled.
The Customer undertakes to secure the Contractual Software as well as the access data (user name and password) against access by unauthorised third parties. He shall take suitable measures for this purpose. The Customer shall immediately change the password provided by EWIKON after the initial registration.
In the event that the Contractual Software is provided for test purposes, the use of the Contractual Software shall only be limited to the test period specified by EWIKON. After this period, the use of the contractual software is no longer permitted. Furthermore, the provisions of this § 3 shall apply to the use of the Contractual Software for test purposes.

§ 4 Liability for Defects in Quality and Title

EWIKON warrants that smart CONTROL, including the Contractual Software, does not have any defects that significantly impair the intended use of smart CONTROL. Furthermore, EWIKON warrants that the Customer can use smart CONTROL without infringing the rights of third parties.
The warranty for defects shall not apply to defects which are based on the fact that the Customer has not used smart CONTROL for the contractually intended purpose or has made changes to it without being entitled to do so by law or these Special Conditions.
The limitation period for claims for defects is 12 months and begins with the delivery of smart CONTROL to the Customer.

§ 5 Other Liability

EWIKON shall be liable for damages incurred by the Customer in connection with the delivery and/or use of smart CONTROL as follows:

EWIKON shall be liable in accordance with the statutory provisions in the event of

- intent and gross negligence,

- for injury to life, body and health,

- according to the regulations of the product liability law as well as

- in the case of defects which EWIKON has fraudulently concealed or the absence of which EWIKON has guaranteed.
In the event of a breach of an obligation which is essential for the achievement of the purpose of the contract and which EWIKON has breached neither intentionally nor through gross negligence, EWIKON shall be liable for the foreseeable damage typical for the contract. The parties agree that the contract-typical foreseeable damage does not exceed an amount of EUR 20,000.
EWIKON shall not be liable for any further damages.

§ 6 Miscellaneous

Amendments and supplements to these Special Conditions must be made in text form.
These Special Conditions and all legal relationships between the parties shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
The place of jurisdiction shall be the court responsible for EWIKON's registered office. EWIKON shall, however, also be entitled to sue the Customer at the court responsible for the Customer's registered office.
Should any provision of these Special Conditions be invalid, this shall not affect the validity of the remaining provisions. In this case, the parties shall replace the invalid provision with a valid provision that comes closest in economic terms to the intended purpose of the invalid provision.