of SENNEBOGEN Maschinenfabrik GmbH
94315 Straubing, Germany
for use in business transactions with companies, legal persons of public law and special assets of Federal Government.
The setting up and commissioning of the subject matter of delivery are the concern of the Buyer or the ultimate user by way of compliance with our regulations, the statutory provisions and by way of observing the level of technology. However, we are entitled to assume the setting up and commissioning on request. In such a case we shall charge our daily rates for fitters, hand tools and accessories including travelling and transport costs. The Buyer or the ultimate user is under obligation to undertake all the necessary measures at the site on which the goods are to be set up, in particular to carry out construction work in good time and in a proper manner.
The contract shall be amended accordingly in the case of unforeseen circumstances within the meaning of Section 2.8 of these provisions, insofar as they considerably change the economic significance or the content of the performance or considerably affect our operations, and in the case of an impossibility of performance that subsequently becomes evident. Insofar as this is not economically justifiable, we shall be entitled to either wholly or partially withdraw from the contract. In other respects Section 6 is deemed applicable as regards claims for damages on the part of the Buyer. If we intend to make use of the right to withdraw, we are to inform the Buyer of this without delay once we have gained knowledge of the implications of an occurrence and even if an extension of the delivery deadline had initially been agreed upon.
Issue: August, 2012