XIMEA xiQ series Technical Manual page 102

3. Claims of the Purchaser are also excluded if the infringement of the IPR is caused by specifications made by the Purchaser, by
a type of use not foreseeable by the Supplier or by the Supplies being modified by the Purchaser or being used together with
products not provided by the Supplier.
4. In addition, with respect to claims by the Purchaser pursuant to No. 1 a) above, Article VIII Nos. 4, 5, and 9 shall apply mutatis
mutandis in the event of an infringement of an IPR.
5. Where other defects in title occur, Article VIII shall apply mutatis mutandis.
6. Any other claims of the Purchaser against the Supplier or its agents or any such claims exceeding the claims provided for in
this Article IX, based on a defect in title, are excluded.
Article X: Conditional Performance
1. The performance of this contract is conditional upon that no hindrances attributable to German, US or otherwise applicable
national, EU or international rules of foreign trade law or any embargos or other sanctions exist.
2. The Purchaser shall provide any information and Documents required for export, transport and import purposes.
Article XI: Impossibility of Performance; Adaptation of Contract
1. To the extent that delivery is impossible, the Purchaser is entitled to claim damages, unless the Supplier is not responsible for
the impossibility. The Purchaser's claim for damages is, however, limited to an amount of 10 % of the value of the part of the
Supplies which, owing to the impossibility, cannot be put to the intended use. This limitation shall not apply in the case of liability
based on intent, gross negligence or loss of life, bodily injury or damage to health; this does not imply a change in the burden of
proof to the detriment of the Purchaser. The Purchaser's right to rescind the contract shall be unaffected.
2. Where events within the meaning of Article IV No. 2 (a) to (c) substantially change the economic importance or the contents of
the Supplies or considerably affect the Supplier's business, the contract shall be adapted taking into account the principles of
reasonableness and good faith. To the extent this is not justifiable for economic reasons, the Supplier shall have the right to
rescind the contract. The same applies if required export permits are not granted or cannot be used. If the Supplier intends to
exercise its right to rescind the contract, it shall notify the Purchaser thereof without undue delay after having realized the
repercussions of the event; this shall also apply even where an extension of the delivery period has previously been agreed with
the Purchaser.
Article XII: Other Claims for Damages
1. Unless otherwise provided for in the present GL, the Purchaser has no claim for damages based on whatever legal reason,
including infringement of duties arising in connection with the contract or tort.
2. This does not apply if liability is based on:
(a) the German Product Liability Act ("Produkthaftungsgesetz");
(b) intent;
(c) gross negligence on the part of the owners, legal
representatives or executives;
(d) fraud;
(e) failure to comply with a guarantee granted;
(f) negligent injury to life, limb or health; or
(g) negligent breach of a fundamental condition of contract ("wesentliche Vertragspflichten").
However, claims for damages arising from a breach of a fundamental condition of contract shall be limited to the foreseeable
damage which is intrinsic to the contract, provided that no other of the above case applies.
3. The above provision does not imply a change in the burden of proof to the detriment of the Purchaser.
Artikel XIII: Venue and Applicable law
1. If the Purchaser is a businessman, sole venue for all disputes arising directly or indirectly out of the contract shall be the
Supplier's place of business. However, the Supplier may also bring an action at the Purchaser's place of business.
xiQ - Technical Manual Version 1.0 102