Terms & Conditions
These Terms and Conditions of Use apply to the MIRROR IMAGE AG web site located at www.mirror-image.biz, and all associated sites linked to www.mirror-image.biz by MIRROR IMAGE AG, its subsidiaries and affiliates, including MIRROR IMAGE AG sites around the world The Site is the property of MIRROR IMAGE AG and its licensors. By using the site, you agree to these terms of use; if you do not agree, do not use the site.
MIRROR IMAGE AG reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, MIRROR IMAGE AG grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to MIRROR IMAGE AG, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without MIRROR IMAGE AG express prior written consent.
You may use information on MIRROR IMAGE AG products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by MIRROR IMAGE AG for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Your Use of the Site
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. MIRROR IMAGE AG reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any MIRROR IMAGE AG server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of MIRROR IMAGE AG, including any MIRROR IMAGE AG account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to MIRROR IMAGE AG on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the
The information provided in this website is intended to help you to understand the patent sales process, review patents offered for sale and submit offers for them. The patent-related information is not intended to constitute legal analysis, notice or an accusation of infringement. Potential purchasers must rely on their own examination and evaluation in deciding on the value of the patents. MIRROR IMAGE AG makes no representation or warranties regarding the patents or the sales process, and MIRROR IMAGE AG disclaims any warranty of merchantability or fitness for a particular purpose.
MIRROR IMAGE AG may, at any time and without prior notice, (a) modify the content and operation of this website, (b) cancel the Online Sales Program or otherwise limit access to the website, (c) remove or modify the specific patents and/or patent lots offered for sale, and (d) modify the offer process and any and all terms for the sale of patents including, but not limited to, pricing. You should regularly access this website to review the then-available patents offered for sale and the then-current terms and conditions of MIRROR IMAGE AG's standard patent sales agreement.
MIRROR IMAGE AG may, in its sole discretion, reject any and all offers for whatever reason it deems appropriate. No obligations or commitments, whether express, implied or otherwise, shall be binding upon MIRROR IMAGE AG or its affiliates unless and until a final, written agreement (in the form of MIRROR IMAGE AG's patent sales agreement) is executed by and between MIRROR IMAGE AG and a prospective purchaser.
For a period of two (2) years from the date on which an offer is submitted to MIRROR IMAGE AG through its Online Patent Sales Program, MIRROR IMAGE AG agrees to use reasonable care to keep confidential and not disclose to any third party, other than its employees, advisors and consultants having a need to know, the name of the prospective purchaser making the offer and the companies for which a clearance of rights is requested. Notwithstanding the foregoing, MIRROR IMAGE AG shall have no obligation to keep confidential any part of such offer which: (a) has been approved in writing by the prospective purchaser, (b) is or becomes publicly disclosed other than by a breach of confidentiality by MIRROR IMAGE AG, or (c) is disclosed pursuant to a lawful action, law or rule of a governmental or judicial entity.
1. Applicability
All our deliveries, services, offers and order confirmations are exclusively on the basis of these Business Conditions. This applies also to all future transactions with the customer, even when we do not specifically mention the applicability of these conditions. Any conditions of the customer that deviate from these terms are invalid.
2. Conclusion of contract, general
2.1 Our offers are non-binding. In order to be valid, a contract between MIRROR IMAGE AG and the customer requires a written order confirmation from MIRROR IMAGE AG. The submission of an invoice has the effect of an order confirmation.
2.2 We reserve the right to change the construction and the shape of our products, insofar as this is reasonable since such changes will result in a technical or economic improvement.
2.3 We reserve all property rights and copyrights on drawings, plans and other documentation concerning our products. Without our express written permission, these may not be made accessible to third parties.
2.4 All offers and documentation that do not result in an order must be returned to us immediately.
3. Prices
3.1 All prices stated include packaging costs and VAT. The prices stated in our prospectuses are non-binding reference prices, excluding VAT.
3.2 Our prices are non-binding. They are calculated taking into account the costs of wages and materials and the general costs at the time the order is placed. If these costs should rise demonstrably within six weeks of the conclusion of the purchase/ sale contract and the delivery, we shall be entitled to raise the prices in keeping, unless we are in default of delivery or the increase in costs was foreseeable at the time the contract was concluded.
3.3 Prices or price reductions given verbally require our written confirmation, unless such prices/reductions were given verbally by a Director or an authorized clerk.
3.4 In case of order cancellation we are entitled, to claim a cancellation fee. Such fee amounts to minimum 10% of the order value. If respective products or components for the products are already in stock, we are entitled to claim the full costs.
4. Payment
4.1 The customer has no right of retention of payment or of settlement of payment against counter claims, unless such are legally determined, recognized and undisputed, or unless a notice of defect has been submitted and the justification of this is undisputed.
4.2 We reserve the right to demand an advance payment or the lodging of security if we become aware of circumstances that reduce the creditworthiness of the customer (insecurity plea according to, § 321 BGB/German Civil Code). If the customer has made an incorrect statement concerning the facts that determine his creditworthiness, we are entitled to rescind the contract, unless the customer makes an immediate advance payment.
4.3 If the circumstances referred to under 4.2 occur, or in the case of default of payment on the part of the customer up to a sum of EUR 5,000.00, we reserve the right the revoke all the payment terms offered and to declare all outstanding claims immediately payable.
4.4 Insofar as we grant any payment rebates, this is subject to our payment conditions being met in full. We reserve the right to settle any payment rebates against claims on future orders.
4.5 We are entitled to demand the lodging of security for orders, if the order cannot be insured by our trade credit insurance. If in any case a demanded security fails to appear, we have the right to allocate/ deduct other deposit payments which we may have received before for such security.
5. Retention of title
5.1 All merchandise delivered remains our property until all our claims ensuing from our entire commercial relations with the customer have been settled. The customer is authorized to sell, to connect or to install the merchandise within the normal course of business (reserved merchandise), but not to mortgage it or to give it in security. In the case of any deterioration of the financial situation of the customer, we reserve the right to prohibit the sale, connection or installation.
5.2 Any sale make take place only on the condition that the customer (retailer) reserves his right to the property until his customer has complied in full with his financial responsibilities with respect to the reserved merchandise (simple title retention). The customer surrenders in advance all monies accruing to him from the resale up to the sum of our claim.
5.3 The customer is entitled to collect the surrendered monies. This right to collect is revoked in the case of default of payment or in the case of a considerable worsening of the financial position of the customer. In such cases, we reserve the right to inform the final customer of the cession of the receivables and to collect these. In order to assert our claim to the surrendered receivables, the customer must give the necessary information and must allow the verification of this information. In particular, the customer must submit on request a detailed list of his trade receivables with the name and address of the debtor, the amounts of the respective receivables, the invoice data etc. and, for verification, the customer must allow access to his offices.
5.4 If the reserved merchandise has been linked to a new item, or been mixed with another item by the customer, we will do this for the customer, but without any obligation. As a consequence of such linking or mixing, the customer does not acquire the ownership of the new item according to §§ 947 ff. BGB. In the case of linking or mixing with items that are not our property, we acquire co-ownership of the new item according to the invoice value of our reserved merchandise compared with the total value.
5.5 The customer is obliged to inform us without delay in case of any suspension of payments, any considerable worsening of his financial situation, or any attachment. The names and addresses of the creditors must be given. The customer shall pay all the costs incurred in order to reverse the seizure of the creditor and to reacquire the merchandise.
5.6 If the customer is in default of payment for a considerable partial sum or if there is a considerable worsening of his financial position, in particular if insolvency procedures have been initiated concerning his property, we reserve the right to demand restitution of the reserved merchandise. The demand for restitution signifies a rescission of the contract. In such a case, it is not necessary to set time limit for the restitution. Also in the case of a rescission of the contract, we reserve the right to claim damages.
5.7 The customer stores the reserved merchandise for us free of charge, he is not entitled to claim any right to warehouseman's lien. He is obliged to insure the merchandise adequately for normal risks, such as fire, theft and water damage, as well as for transport damage. He herewith cedes to us any claims to damages against third parties that accrue to him following any such incidents up to the sum of the invoice value of the merchandise.
6. Guarantee
6.1 There can be no guarantee claims on the grounds of insignificant defects.
6.2 The customer must check the delivered merchandise immediately and must inform us without delay of any obvious defects in matter and in number, at the very latest 14 days after the transfer of risk. Also in the case of defects that are not obvious, a notice of defect must be given without delay after the defect has been discovered, at the very latest within seven days. The time limits on notices of defect apply equally to direct deliveries to third parties indicated by the customer. Also in such cases, the customer must ensure that a timely notice of defect is given.
6.3 In respect of a guarantee we have, at our discretion, the right and duty to choose between a free-of-charge repair within a reasonable period, up to three times, or to deliver a new item, insofar as the defect has occurred within the statutory period of limitation and a notice of defect has been submitted after discovery without delay, subject to the cause of the defect having occurred before the transfer of risk. In such a case, the burden of proof rests with the customer. If the repair does not succeed, the customer is entitled to rescind the contract, without prejudice to claims to damages according the stipulations under 9, or to a reduction in the remuneration.
6.4 Claims in respect of defects lapse after a period of one year. This does not apply insofar as the Law according to § 479 Clause 1 BGB (Right to Regress) prescribes a longer period of limitation, or in cases of injury to life and health in the case of intention or gross negligence on our part or in the case of a willfully deceptive concealment of a defect. This is without prejudice to the legal regulations concerning time limit restraints, other restraints or the imposition of new time limits.
6.5 Customers are not entitled to any claims based on the costs incurred in any repair work; in particular the costs for transport, mileage and labor costs are excluded, insofar as the costs are higher because the merchandise has been transported to a location other than the premises of the customer.
6.6 According to § 478 BGB, claims of recourse against us exist only insofar as the customer has not made agreements with his own customer that exceed the legal claims in respect of defects. Furthermore, the stipulation under 6.4 applies likewise to the size of the recourse claim of the customers.
6.7 For compensation claims, see the stipulations under 9. The customer is not entitled to any guarantee claim exceeding what is stated in the stipulations under 8 and 9.
6.8 If a notice of defect submitted by the customer is culpably wrong, we reserve the right to claim restitution of all costs we might have incurred and compensation for all damages we might have suffered.
7. Indemnification
7.1 No claims for indemnification in respect of damages and costs of the customers (indemnification claims) are permitted for any reason whatsoever, in particular not on the grounds of breach of duty concerning the contractual obligations or of unlawful acts.
7.2 The exclusion of liability referred to under 7.1 is not valid if we are nevertheless liable according to law, e.g. according to the Produkthaftungsgesetz, (Product Liability Act), in cases of intent, gross negligence, because of injury to life or health, or in the case of breach of important contractual obligations. Contractual duties are considered to be important, primarily when their fulfillment makes possible the proper execution of the contract and the customer may trust in their regular fulfillment. However, in the case of breach of important contractual obligations we are liable only for the contractual, foreseeable claims, unless there is a question of deliberate intent, gross negligence or injury to life or health. These rules do not imply a modification to the burden of proof to the disadvantage of the customer.
7.3 Claims for damages due to material deficiencies (under 6) expire in accordance with the stipulation under 6.4.
8. Place of jurisdiction, applicable law
8.1 The place of jurisdiction for all disputes arising from the contract is the registered office of MIRROR IMAGE AG, Steinach, Switzerland.
8.2 This contract is subject to German material and procedural Law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to this contract.
MIRROR IMAGE AG reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, MIRROR IMAGE AG grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to MIRROR IMAGE AG, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without MIRROR IMAGE AG express prior written consent.
You may use information on MIRROR IMAGE AG products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by MIRROR IMAGE AG for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Your Use of the Site
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. MIRROR IMAGE AG reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any MIRROR IMAGE AG server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of MIRROR IMAGE AG, including any MIRROR IMAGE AG account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to MIRROR IMAGE AG on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the
The information provided in this website is intended to help you to understand the patent sales process, review patents offered for sale and submit offers for them. The patent-related information is not intended to constitute legal analysis, notice or an accusation of infringement. Potential purchasers must rely on their own examination and evaluation in deciding on the value of the patents. MIRROR IMAGE AG makes no representation or warranties regarding the patents or the sales process, and MIRROR IMAGE AG disclaims any warranty of merchantability or fitness for a particular purpose.
MIRROR IMAGE AG may, at any time and without prior notice, (a) modify the content and operation of this website, (b) cancel the Online Sales Program or otherwise limit access to the website, (c) remove or modify the specific patents and/or patent lots offered for sale, and (d) modify the offer process and any and all terms for the sale of patents including, but not limited to, pricing. You should regularly access this website to review the then-available patents offered for sale and the then-current terms and conditions of MIRROR IMAGE AG's standard patent sales agreement.
MIRROR IMAGE AG may, in its sole discretion, reject any and all offers for whatever reason it deems appropriate. No obligations or commitments, whether express, implied or otherwise, shall be binding upon MIRROR IMAGE AG or its affiliates unless and until a final, written agreement (in the form of MIRROR IMAGE AG's patent sales agreement) is executed by and between MIRROR IMAGE AG and a prospective purchaser.
For a period of two (2) years from the date on which an offer is submitted to MIRROR IMAGE AG through its Online Patent Sales Program, MIRROR IMAGE AG agrees to use reasonable care to keep confidential and not disclose to any third party, other than its employees, advisors and consultants having a need to know, the name of the prospective purchaser making the offer and the companies for which a clearance of rights is requested. Notwithstanding the foregoing, MIRROR IMAGE AG shall have no obligation to keep confidential any part of such offer which: (a) has been approved in writing by the prospective purchaser, (b) is or becomes publicly disclosed other than by a breach of confidentiality by MIRROR IMAGE AG, or (c) is disclosed pursuant to a lawful action, law or rule of a governmental or judicial entity.
1. Applicability
All our deliveries, services, offers and order confirmations are exclusively on the basis of these Business Conditions. This applies also to all future transactions with the customer, even when we do not specifically mention the applicability of these conditions. Any conditions of the customer that deviate from these terms are invalid.
2. Conclusion of contract, general
2.1 Our offers are non-binding. In order to be valid, a contract between MIRROR IMAGE AG and the customer requires a written order confirmation from MIRROR IMAGE AG. The submission of an invoice has the effect of an order confirmation.
2.2 We reserve the right to change the construction and the shape of our products, insofar as this is reasonable since such changes will result in a technical or economic improvement.
2.3 We reserve all property rights and copyrights on drawings, plans and other documentation concerning our products. Without our express written permission, these may not be made accessible to third parties.
2.4 All offers and documentation that do not result in an order must be returned to us immediately.
3. Prices
3.1 All prices stated include packaging costs and VAT. The prices stated in our prospectuses are non-binding reference prices, excluding VAT.
3.2 Our prices are non-binding. They are calculated taking into account the costs of wages and materials and the general costs at the time the order is placed. If these costs should rise demonstrably within six weeks of the conclusion of the purchase/ sale contract and the delivery, we shall be entitled to raise the prices in keeping, unless we are in default of delivery or the increase in costs was foreseeable at the time the contract was concluded.
3.3 Prices or price reductions given verbally require our written confirmation, unless such prices/reductions were given verbally by a Director or an authorized clerk.
3.4 In case of order cancellation we are entitled, to claim a cancellation fee. Such fee amounts to minimum 10% of the order value. If respective products or components for the products are already in stock, we are entitled to claim the full costs.
4. Payment
4.1 The customer has no right of retention of payment or of settlement of payment against counter claims, unless such are legally determined, recognized and undisputed, or unless a notice of defect has been submitted and the justification of this is undisputed.
4.2 We reserve the right to demand an advance payment or the lodging of security if we become aware of circumstances that reduce the creditworthiness of the customer (insecurity plea according to, § 321 BGB/German Civil Code). If the customer has made an incorrect statement concerning the facts that determine his creditworthiness, we are entitled to rescind the contract, unless the customer makes an immediate advance payment.
4.3 If the circumstances referred to under 4.2 occur, or in the case of default of payment on the part of the customer up to a sum of EUR 5,000.00, we reserve the right the revoke all the payment terms offered and to declare all outstanding claims immediately payable.
4.4 Insofar as we grant any payment rebates, this is subject to our payment conditions being met in full. We reserve the right to settle any payment rebates against claims on future orders.
4.5 We are entitled to demand the lodging of security for orders, if the order cannot be insured by our trade credit insurance. If in any case a demanded security fails to appear, we have the right to allocate/ deduct other deposit payments which we may have received before for such security.
5. Retention of title
5.1 All merchandise delivered remains our property until all our claims ensuing from our entire commercial relations with the customer have been settled. The customer is authorized to sell, to connect or to install the merchandise within the normal course of business (reserved merchandise), but not to mortgage it or to give it in security. In the case of any deterioration of the financial situation of the customer, we reserve the right to prohibit the sale, connection or installation.
5.2 Any sale make take place only on the condition that the customer (retailer) reserves his right to the property until his customer has complied in full with his financial responsibilities with respect to the reserved merchandise (simple title retention). The customer surrenders in advance all monies accruing to him from the resale up to the sum of our claim.
5.3 The customer is entitled to collect the surrendered monies. This right to collect is revoked in the case of default of payment or in the case of a considerable worsening of the financial position of the customer. In such cases, we reserve the right to inform the final customer of the cession of the receivables and to collect these. In order to assert our claim to the surrendered receivables, the customer must give the necessary information and must allow the verification of this information. In particular, the customer must submit on request a detailed list of his trade receivables with the name and address of the debtor, the amounts of the respective receivables, the invoice data etc. and, for verification, the customer must allow access to his offices.
5.4 If the reserved merchandise has been linked to a new item, or been mixed with another item by the customer, we will do this for the customer, but without any obligation. As a consequence of such linking or mixing, the customer does not acquire the ownership of the new item according to §§ 947 ff. BGB. In the case of linking or mixing with items that are not our property, we acquire co-ownership of the new item according to the invoice value of our reserved merchandise compared with the total value.
5.5 The customer is obliged to inform us without delay in case of any suspension of payments, any considerable worsening of his financial situation, or any attachment. The names and addresses of the creditors must be given. The customer shall pay all the costs incurred in order to reverse the seizure of the creditor and to reacquire the merchandise.
5.6 If the customer is in default of payment for a considerable partial sum or if there is a considerable worsening of his financial position, in particular if insolvency procedures have been initiated concerning his property, we reserve the right to demand restitution of the reserved merchandise. The demand for restitution signifies a rescission of the contract. In such a case, it is not necessary to set time limit for the restitution. Also in the case of a rescission of the contract, we reserve the right to claim damages.
5.7 The customer stores the reserved merchandise for us free of charge, he is not entitled to claim any right to warehouseman's lien. He is obliged to insure the merchandise adequately for normal risks, such as fire, theft and water damage, as well as for transport damage. He herewith cedes to us any claims to damages against third parties that accrue to him following any such incidents up to the sum of the invoice value of the merchandise.
6. Guarantee
6.1 There can be no guarantee claims on the grounds of insignificant defects.
6.2 The customer must check the delivered merchandise immediately and must inform us without delay of any obvious defects in matter and in number, at the very latest 14 days after the transfer of risk. Also in the case of defects that are not obvious, a notice of defect must be given without delay after the defect has been discovered, at the very latest within seven days. The time limits on notices of defect apply equally to direct deliveries to third parties indicated by the customer. Also in such cases, the customer must ensure that a timely notice of defect is given.
6.3 In respect of a guarantee we have, at our discretion, the right and duty to choose between a free-of-charge repair within a reasonable period, up to three times, or to deliver a new item, insofar as the defect has occurred within the statutory period of limitation and a notice of defect has been submitted after discovery without delay, subject to the cause of the defect having occurred before the transfer of risk. In such a case, the burden of proof rests with the customer. If the repair does not succeed, the customer is entitled to rescind the contract, without prejudice to claims to damages according the stipulations under 9, or to a reduction in the remuneration.
6.4 Claims in respect of defects lapse after a period of one year. This does not apply insofar as the Law according to § 479 Clause 1 BGB (Right to Regress) prescribes a longer period of limitation, or in cases of injury to life and health in the case of intention or gross negligence on our part or in the case of a willfully deceptive concealment of a defect. This is without prejudice to the legal regulations concerning time limit restraints, other restraints or the imposition of new time limits.
6.5 Customers are not entitled to any claims based on the costs incurred in any repair work; in particular the costs for transport, mileage and labor costs are excluded, insofar as the costs are higher because the merchandise has been transported to a location other than the premises of the customer.
6.6 According to § 478 BGB, claims of recourse against us exist only insofar as the customer has not made agreements with his own customer that exceed the legal claims in respect of defects. Furthermore, the stipulation under 6.4 applies likewise to the size of the recourse claim of the customers.
6.7 For compensation claims, see the stipulations under 9. The customer is not entitled to any guarantee claim exceeding what is stated in the stipulations under 8 and 9.
6.8 If a notice of defect submitted by the customer is culpably wrong, we reserve the right to claim restitution of all costs we might have incurred and compensation for all damages we might have suffered.
7. Indemnification
7.1 No claims for indemnification in respect of damages and costs of the customers (indemnification claims) are permitted for any reason whatsoever, in particular not on the grounds of breach of duty concerning the contractual obligations or of unlawful acts.
7.2 The exclusion of liability referred to under 7.1 is not valid if we are nevertheless liable according to law, e.g. according to the Produkthaftungsgesetz, (Product Liability Act), in cases of intent, gross negligence, because of injury to life or health, or in the case of breach of important contractual obligations. Contractual duties are considered to be important, primarily when their fulfillment makes possible the proper execution of the contract and the customer may trust in their regular fulfillment. However, in the case of breach of important contractual obligations we are liable only for the contractual, foreseeable claims, unless there is a question of deliberate intent, gross negligence or injury to life or health. These rules do not imply a modification to the burden of proof to the disadvantage of the customer.
7.3 Claims for damages due to material deficiencies (under 6) expire in accordance with the stipulation under 6.4.
8. Place of jurisdiction, applicable law
8.1 The place of jurisdiction for all disputes arising from the contract is the registered office of MIRROR IMAGE AG, Steinach, Switzerland.
8.2 This contract is subject to German material and procedural Law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to this contract.
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