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Samples of products distributed by SCIENION, especially development samples, are deemed to be experimental samples and not on approval or as samples within the meaning of § 454 German Civil Code (Bürgerliches Gesetzbuch – “BGB”).
The customer may exercise set-off and retention rights only if the set-off amount is undisputed or has been finally and conclusively determined by the court. In case of deficiencies in the products delivered the counter-rights of the Customer are excluded from this provision.
The goods supplied by SCIENION may only be used for the Customer’s own needs. The Customer is obligated to notify SCIENION at the time the order is made if selling on or passing on free of charge is planned.
The exclusions or limitations of liability stipulated in the instant general terms and conditions of trade do not apply for
a) damage resulting from injury to life, limb or health caused by a negligent breach of duty by SCIENION or by a willful or negligent breach of duty by a statutory agent of SCIENION or by an employee of SCIENION for whose acts SCIENION is vicariously liable,
b) other damage caused by a grossly negligent breach of duty by SCIENION or by a willful or grossly negligent breach of duty by a statutory agent of SCIENION or by an employee of SCIENION for whose acts SCIENION is vicariously liable.