Trenz Electronic GmbH (Contractor) as well as its legal representatives and vicarious agents are liable exclusively for intentionally caused damages. A liability for gross negligence occurs only for direct damage in the case of breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract in the first place and on the compliance of the customer (Customer) may rely regularly, whereas the liability then on the typical and foreseeable damage is limited, at most to an amount of 20% of the respective product order value.
The exclusion of liability also applies in particular to indirect, incidental, extraordinary, or derivative damages, and consequential damages, including, but not limited to, the costs, lost profits, software or data, loss of assets, business interruption, loss of lost business information or error, delays, Interruptions or other impairments in transmission or reproduction of data or at technical malfunctions. These liability regulations shall also apply to damages in addition to performance and damages in lieu of performance, for whatever legal reason, whether because of breach of obligations under contractual obligation, from § 311a of the German Civil Code, for tort or defects. The same applies to claims for reimbursement of expenses.
This exclusion of liability does not apply to culpably caused injury to life, physical integrity or health as well as any guarantees, warranted characteristics or any liability under the Product Liability Act.
The customer is aware and agrees that the products and services of Trenz Electronic GmbH have not been designed, conceived, manufactured or tested for life- or safety-critical applications or hazardous environments (such as for the fields of medical technology, aerospace engineering, traffic engineering, nuclear technology, military technology and / or life support or rescue systems). The same applies to other applications in which an interrupted or incorrect functioning of the products or services can lead to significant damage to life, physical integrity and health or to considerable material or environmental damage.
The customer is fully liable for any consequences and damages of the utilization itself. The customer is obliged to verify and ensure the suitability of the products or services of Trenz Electronic GmbH for the respective application purposes and furthermore has to ensure that the compliance with the applicable laws and official regulations and specifications is sustained. The customer has to take careful precautions to protect himself and third parties to the best of his knowledge and belief and in accordance with the previous terms.
The customer shall indemnify Trenz Electronic GmbH from all claims of third parties resulting from applications critical to life or safety or from other violations of the above obligations, as well as from the reasonable costs of legal defense in connection therewith.
The customer is also responsible for ensuring that the products are not delivered, directly or indirectly, to countries where exporting these products or associated technologies or documentation is prohibited or restricted. The customer must ensure that he has all approvals required for any export or import or that he receives those approvals in accordance with regulations.
Revision: R1 2020-03-02