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Industrial and intellectual property rights; defects in title
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Industrial and intellectual property rights; defects in title

1. Unless otherwise agreed, Supplier shall be obliged to provide the delivery free from any industrial and intellectual property rights of a third party (hereinafter referred to as "property rights") only in the country of the place of delivery. If a third party raises any justified claims towards Purchaser due to a violation of property rights in connection with deliveries provided by Supplier and used in accordance with the contract, Supplier shall be liable vis-à-vis Purchaser within the period of time specified in Art. IX, No. 2 as follows:

a) Supplier, at his discretion and at his costs, shall either obtain a right of use for the delivery concerned, modify the delivery in such a way that the property right is not violated or provide a replacement delivery. If this is not possible for Supplier under reasonable conditions, Purchaser shall be entitled to make use of his statutory rights of withdrawal or reduction of the price.

b) Supplier's obligation to pay damages shall be determined on the basis of Art. IX.

c) Supplier's obligations as set forth above shall exist only as far as Purchaser immediately informs Supplier in writing about any claims raised by a third party, does not acknowledge any violation and leaves any protective measures and settlement negotiations to the discretion of Supplier. If Purchaser ceases to use the delivery for reasons of minimizing the damage or for any other important reason, he shall be obliged to point out to the third party that the cessation of use is not connected to any acknowledgement of a violation of property rights.

2. Claims of Purchaser shall be excluded as far as he is responsible himself for the violation of property rights.

3. Any claims of Purchaser shall also be excluded as far as the violation of property rights is caused by special directives of Purchaser, a kind of use not foreseeable for Supplier or by the fact that the delivery is modified by Purchaser or is used together with products not delivered by Supplier.

4. In case of a violation of property rights, the provisions set forth in Art. IX, No. 4, 5 and 9 shall apply accordingly to the claims provided for in No. 1 a).

5. In case of any other defects in title, the provisions of Art. IX shall apply accordingly.

6. Any further claims or any other claims than those provided for in this Article X on the part of Purchaser towards Supplier and his authorized agents for a defect in title shall be excluded.

   
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Terms of delivery and payment