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For purposes of the foregoing, an event of non-availability of performance for which we are not responsible shall include, without limitation, our own late supply by our vendor if we have entered into a congruent hedging transaction (i.e., there exists a delivery contract between us and our vendor on the date of the conclusion of the purchase contract with the Customer, which will, under normal circumstances, enable us to serve the Customer with the same certainty that has been promised to us), provided that we have not furnished an additional guarantee regarding the timely delivery.Our statutory rights of rescission and cancellation and the statutory provisions regarding the unwinding of a contract if the claim for performance is excluded (e.g., if performance or rectification is either impossible or cannot reasonably be required of us), shall remain unaffected.(2) In the case of a sale per dispatch (§ 4 paragraph 1), the Customer shall bear the costs for shipping ex works and the costs of any transport insurance requested by the Customer.The Customer shall bear any customs duties, charges, taxes and other public levies.(6) Any reference to the applicability of statutory provisions shall be for clarification only.Consequently, whether with or without such clarification, the statutory provisions shall apply except as directly modified or expressly contracted out in these Standard Terms.The Customer’s rights of rescission and cancellation under § 8 of these Standard Terms shall remain unaffected as well.(4) The statutory provisions shall apply as to the occurrence of default in delivery on our side.
(5) The Customer may not use any know-how included in execution plans unless for the purposes assumed in the contract.(4) If the Customer is in default of acceptance or fails to perform an act of assistance for reasons for which the Customer is responsible or if delivery by us is delayed for other reasons for which the Customer is responsible, we have the right to claim compensation for the resulting damage including any additional costs (e.g., storage costs).§ 5 Prices and Terms of Payment (1) Except as otherwise agreed, our current price list as revised at the time of conclusion of a contract shall apply, and prices shall be ex works and plus VAT at the statutory rate.§ 1 General (1) These Standard Terms and Conditions (“Standard Terms”) shall govern all business relations between Halfen Gmb H or Halfen International Gmb H or Halfen Vertriebsgesellschaft mb H, respectively, (hereinafter: “Halfen” or “we” or “us”) and the Customer if the Customer qualifies as an entrepreneur (Section 14 of the German Civil Code – BGB), a legal person under public law or a special fund under public law.(2) These Standard Terms shall apply, without limitation, to contracts for the sale and/or supply by Halfen of movable things (hereinafter also referred to as “goods”) whether from our own production or purchased from our vendors (Sections 433, 651 BGB), as well as to any services we provide in connection with those goods.
(2) Notwithstanding our rights based on default in acceptance, any times for delivery or dates of delivery shall be extended by the period of time for which our performance is impeded by the Customer’s default in relation to us or by the Customer’s failure to comply with duties of assistance (for example failure to procure the required official confirmations or permits or failure to deliver the required execution planning or failure to make the advance payment).