WEH remains entitled to prove and to claim higher damages than the fixed compensation rates given above, and the customer remains entitled to present for proof lower damages to WEH. If the customer is late in calling off, then after a call-off delay of more than 14 days he shall be liable to pay any storage costs incurred.

WEH guarantees the faultless condition of its products in accordance with the contractual specifications within a warranty period of one year, calculated from the date of transfer. The customer must notify any complaints concerning incomplete or incorrect delivery or complaints concerning obvious or normally recognisable deficiencies to WEH in writing at the latest 14 days after receipt of the goods. Should the customer fail to make such deficiency notification within the said period or have used or resold the said goods, then they shall be deemed to have been accepted without reservations.

Due to the numerous application possibilities for WEH products, WEH accepts no warranty obligations for the actual application possibilities and concrete conditions of use at the customer’s site unless this has been expressly assured in writing and the concrete conditions of use on site have been described to us correctly and in writing by the customer.

Warranty claims at the discretion of WEH shall be limited to rectification of the deficiency or replacement. Any further claims of the customer, particularly claims for consequential damages arising from deficiencies shall be excluded with the exception of personal injury, in so far as WEH is deemed to have acted negligently. In parti-cular, WEH shall not be liable for damage that has not occurred to the supply object itself.

In particular, WEH shall not be liable for lost profits or for any other damage to assets of the customer. This limitation shall not apply in cases of claims due to intent, gross negligence or malice. Where claims for damages are given, these shall expire one year after transfer of the goods. The prerequisite for all warranty claims of the customer is that the customer shall make all reasonable efforts to bring about the rectification of the deficiency, especially by documented notification of the deficiency as soon as it is noticed. In the assessment of the reasonability of rectification periods the difficulties encountered by WEH with regard to the capability of their suppliers to deliver shall be taken into account.

WEH has the right to refuse rectification of the deficiency until such time as the customer shall make a reasonable down payment on the total price taking the existing deficiency into account, in particular that part of the price relating to any non-deficient parts. If the customer makes complaint about a deficiency which does not constitute a deficiency or which is one for which the customer is responsible, then the customer shall be liable for any costs incurred, in so far as he is deemed to have acted negligently.

The warranty shall become null and void in its entirety if products of WEH are not used for the intended purpose or are used in exceptional operational circumstances and/or replacement parts other than WEH® parts are used, in cases of improper maintenance, particularly when maintenance instructions are breached or if the goods are in any other way improperly handled or used or wrongly assembled. The warranty and the liability shall also become invalid if the products of WEH are processed or modified in any way. In this case the onus of proof that the processing or modification is not the cause of the deficiency or damage incurred shall lie with the customer.

If two successive rectification attempts prove unsuccessful, then rectification shall be deemed to have failed. The right to withdraw shall be excluded in so far as the deficiency is deemed to be slight.

WEH shall be liable for compensation claims arising from damage to health, life or body either by the intent, gross negligence or carelessness of its legal representatives and/or agents. For other damage arising from contractual or non-contractual breach of obligation WEH shall be liable only in cases of gross negligence and intent by its legal representatives, agents or employees, in so far as they do not constitute a breach of essential contractual or cardinal obligations. In the case of a breach of essential contractual or cardinal obligations WEH shall be liable even in cases of carelessness, however only for any damages foreseeable at the time of closure of the contract.

WEH shall not be liable for providing information or advice unless this expressly constitutes an integral part of the contract. Information and advice relating to the processing of an order are not essential contractual obligations, for which liability shall be limited to serious fault and foreseeable damage. If there should be liability in line with the previous paragraphs, this is limited to the claim sum covered by WEH‘s liability insurance.

Exclusion from liability in accordance with these General Terms and Conditions of Business shall not affect claims arising from the product liability law.

In case of the violation of the operating instructions of WEH all guarantee claims of the client will expire. WEH will also assume no liability, concerning consequential harm caused by a defect, especially not for loss concerning other subjects and/or persons.

If within the bounds of the business relationship any protected documents, objects and any other information is transmitted or forwarded, then these are protected by copyright. WEH is the owner of all copyrights.

Our customers agree to treat as strictly confidential the protected documents, objects and other information and to neither copy them nor reproduce them, forward them, distribute them or to otherwise make them available to third parties and/or to provide knowledge of them to third parties without written consent of WEH.

Any use whatsoever of the protected documents, objects or other information without contractual basis and with-out the consent of WEH shall also be prohibited. The protected items may only be made available to those persons to whom access to the said documents is absolutely necessary for the purpose of fulfilling the contract and within the bounds of cooperation.

The customer also agrees to treat as strictly confidential any other information marked as confidential or of an obviously confidential nature and to use such information only within the bounds of this agreement. This shall apply also after termination of the business connection. All samples, drawings and other documentation of WEH, the transfer of which bears no direct relation to the purpose of the contract, shall also remain the physical property of WEH.

Where new developments are carried out and results achieved WEH is entitled to all resulting proprietary information and rights.

In the event that a customer is involved in the development of any research results, either in cooperation with WEH or by way of any other contribution, leading to any copyright and / or joint copyright with that customer, or, as the case may be, any other industrial property rights, including any in joint ownership, the customer shall grant WEH the exclusive, transferable and sublicensable right of use of these development results for any type of use, without restrictions in time, content, or place, in as far as is lawful.

In particular the rights include processing, altering, translating, publishing, handling, copying and displaying.

This right is valid particularly for all documentation of development results, files, all kinds of drawings, algorithms, programmes and the other know-how.

Furthermore WEH has the sole authority to apply for patents, utility models, industrial design and trademarks in Germany and abroad.

WEH shall have the right to apply to the SCHUFA (protection society for general loan security) or any other information source for credit information on the customer. The customer shall give his express consent to said application.

WEH and the service providers commissioned by WEH will use the personal data for handling and completing the request, orders, complaints and other measures linked to the contractual objective. In an individual case it may be necessary for WEH to pass on the data to its contractual service providers or other subcontractors.

WEH is also entitled to use the data for marketing purposes, advertising and other forms of customer care. For the purpose of making a decision about the formation, implementation or ending of the contractual relationship we can obtain and use credit worthiness data with the information file (including the probability values established from the address data). WEH can pass on personal data about due and unpaid and undisputed demands to the information file four weeks after the receipt of the first (or second) of a total of two written warnings. This file makes the data available to other businesses for checking credit worthiness when there is a legitimate interest.

Further regulations, individual details and information can be found in the WEH declaration on data protection which you can find on our homepage www.weh.com. Of course you can revoke or refuse this permission for the use, processing and passing on of data for marketing purposes at any time by sending us an appropriate message. You can do this by post with an informal letter to WEH GmbH, Josef-Henle-Straße 1, 89257 Illertissen or by e-mail to datenschutz@weh.com.

Should one or more of the provisions of these General Terms and Conditions of Business be or become invalid, then the validity of the remaining provisions shall remain unaffected.

A new clause coming as close as possible in meaning to the intended purpose of the original shall take the place of the invalid clause.