General Terms and Conditions

1. General Provisions

1.1 All deliveries and services, including customer-specific complete solutions, thread cutting machines, tribometers and related software, are performed on the basis of these terms and conditions. The contractual partner is exclusively an entrepreneur within the meaning of § 14 BGB (German Civil Code) (B2B transaction).
1.2 Deviations from these terms and conditions are valid only if expressly agreed in writing.
1.3 Deviating terms and conditions of the Purchaser shall not be recognised unless we expressly agree to their application in writing.
1.4 By placing an order, the Purchaser acknowledges our General Terms and Conditions.
1.5 Should individual provisions be or become invalid, the validity of the remaining provisions shall remain unaffected.
1.6 Definitions:
Delivered Item means the goods, machine, software or service delivered by us.
Software comprises firmware, control software, TauroView, TauroLink, Windows applications and updates.
Supported Version software or firmware versions expressly designated as supported by Taurox e.K.
Automation Integration means the integration of the Delivered Item into an existing or new production or testing system of the Purchaser.
Measurement Data means all characteristic values generated by tribometers or comparable devices.
FAT (Factory Acceptance Test) is the acceptance inspection of the Delivered Item at the manufacturer prior to delivery.
SAT (Site Acceptance Test / commissioning and integration inspection) is the inspection and validation of the proper installation and proper function in accordance with the agreed specification of the Delivered Item within the Purchaser's overall system prior to productive use (series operation).
1.7 Where these terms and conditions require written form or demand that something be "in writing", text form (§ 126b BGB (German Civil Code)) shall suffice, in particular e-mail or other permanent text reproduction, unless written form (§ 126 BGB) is prescribed by law.
1.8 Material provisions on defects liability, liability and product-related risks are set out in particular in Sections 8 and 10 and – where applicable – in Sections 11, 12 and 15.

2. Quotation / Order / Contract Conclusion

2.1 Quotations, unless time-limited, are always non-binding and without obligation. This also applies to specifically requested quotations.
2.2 Orders placed by the Purchaser are binding on the Purchaser. Such orders and all other agreements are accepted only when confirmed by us in writing. Likewise, supplements, amendments or oral side agreements require our written confirmation to be effective.
2.3 Information and descriptions in our catalogues and brochures are approximate only. We reserve the right to make changes. Dimensions, weights, illustrations, drawings, measurement accuracies and technical specifications are binding for execution only if expressly confirmed in writing.
2.4 Taurox e.K. reserves ownership and copyright in cost estimates, quotations, sketches, drawings and other documents. They may not be made accessible to third parties or used for other purposes, in particular self-manufacture, without our consent.
2.5 The contractual basis and the scope of delivery and services shall prevail in the following order: (1) individual contractual agreement or project contract, (2) written order confirmation including technical specification, (3) Product Annex Automation (Section 11) or Product Annex Tribometer (Section 12) and testing services (Section 16), where applicable, (4) these General Terms and Conditions.
2.6 Oral assurances, technical information in e-mails, telephone calls or other information discussions are binding only if expressly adopted in the written order confirmation, an individual contract or a technical data sheet. General advertising statements, catalogue information and non-binding quotations do not give rise to obligations beyond them.

3. Scope of Delivery / Delivery Date

3.1 Our written order confirmation shall be decisive for the scope of delivery.
3.2 The delivery period commences upon written order confirmation, but not before submission of documents to be procured by the Purchaser, clarification of all technical questions and receipt of an agreed advance payment.
3.3 The delivery period is met if the Delivered Item has left our works or readiness for shipment has been notified by its expiry.
3.4 The delivery period shall be extended upon occurrence of unforeseen obstacles, insofar as such obstacles demonstrably have a material impact on the completion or delivery of the Delivered Item. This also applies if the circumstances occur with sub-suppliers. Taurox e.K. shall notify the Purchaser of the extension as soon as possible in text form (§ 126b BGB).
3.5 In the event of delay in delivery, Taurox e.K. shall, in the case of a breach of material contractual obligations by simple negligence, be liable only for the typical contractual damage foreseeable at the time of conclusion of the contract within the meaning of Section 10.2. Claims for production downtime or lost profit are excluded unless they are recoverable as typical foreseeable damage from breach of a material contractual obligation pursuant to Section 10.2; otherwise the provisions of Section 10 apply.

4. Prices / Payment

4.1 Prices are quoted in euros ex works exclusive of the statutory value added tax, packaging and transport costs. Value added tax shall be shown separately on the invoice at the statutory rate on the date of invoicing.
4.2 Prices relate to the items listed in the written order confirmation and do not include the costs of installation, assembly and commissioning of these components at the place of installation.
4.3 Unless otherwise agreed, invoices are payable within 14 days of the invoice date without any deduction.
4.4 If a discount for prompt payment has been agreed, the invoice amount less the discount shall be paid within the specified period (in calendar days) after receipt of the invoice.
4.5 Invoices shall be paid such that the amount due must have been credited to Taurox e.K.'s account by the due date.
4.6 Cheques and bills of exchange are accepted only by mutual agreement. The costs of discounting and collection shall be borne by the Purchaser.
4.7 The Purchaser is entitled to rights of set-off or retention only if the Purchaser's counterclaims are undisputed or established by a final and binding judgment.
4.8 A price adjustment is permitted only for significant cost increases in respect of raw materials, energy, logistics or changes in statutory charges occurring after conclusion of the contract that were neither foreseeable by Taurox e.K. nor by the Purchaser; the adjustment shall correspond to the actual increase in the affected cost items. Taurox e.K. shall inform the Purchaser without delay in text form (§ 126b BGB). If the price increase exceeds 5% of the net order value, the Purchaser may withdraw from the contract within 14 days.

5. Transfer of Risk / Taking Delivery

5.1 Risk passes upon handover to the carrier; in the case of collection upon making available for collection; in the case of default in taking delivery upon occurrence of default in taking delivery. Partial deliveries are permitted; transfer of risk shall apply accordingly to each partial delivery.
5.2 Insurance against transport damage shall be arranged only upon instruction and at the expense of the Purchaser.
5.3 Partial deliveries are permitted.

6. Retention of Title

6.1 All delivered goods remain our property until full satisfaction of our claims arising from all deliveries, including any claims for damages.
6.2 If the delivered goods are combined or mixed with other movable items such that a new item is created thereby, Taurox e.K. and the Purchaser shall acquire co-ownership of the new item in proportion to the invoice values of the combined or mixed items relative to each other.
If the delivered goods are processed by the Purchaser, the processing shall, insofar as legally permitted, be carried out for Taurox e.K. as manufacturer. Taurox e.K. acquires ownership of the newly manufactured item.
Insofar as the delivered goods are affixed to land, buildings or essential components of land, the statutory provisions shall remain unaffected.
6.3 Goods delivered subject to retention of title may be resold or further processed in the ordinary course of business. Prior to full satisfaction of all claims of Taurox e.K., the Purchaser hereby assigns to Taurox e.K. the claims against its customers arising from resale of the goods subject to retention of title as well as claims arising on any other legal basis in place of the goods subject to retention of title, up to the invoice value of the goods delivered by Taurox e.K.; Taurox e.K. hereby accepts this assignment.
The Purchaser is revocably authorised to collect the assigned claims in its own name for Taurox e.K. Taurox e.K. may revoke this collection authorisation if the Purchaser fails to properly fulfil its payment obligations or its financial position deteriorates materially.
The Purchaser is obliged, upon request of Taurox e.K., to inform the customers of the goods subject to retention of title of the assignment and to provide all information and documents required to enforce the rights of Taurox e.K.
If the realisable value of the securities due to Taurox e.K. exceeds the claims to be secured by more than 10%, Taurox e.K. shall, upon request of the Purchaser, release securities of its choice; the selection of securities to be released shall be made at the due discretion of Taurox e.K.
6.4 The Purchaser may neither pledge nor transfer ownership of the delivered goods by way of security. In the event of attachment, seizure or other disposition by third parties, the Purchaser shall notify us without delay.

7. Commissioning

7.1 The expenses arising during commissioning for technicians' or fitters' rates and daily allowances (Auslösung) shall be borne by the Purchaser.
7.2 The costs of outward and return travel as well as transport of tools and luggage shall be borne by the Purchaser.
7.3 Unless separately agreed, commissioning does not include automation integration, interface programming, process validation or production release. These services are the responsibility of the Purchaser or must be ordered separately.

8. Warranty and Defects Liability

8.1 The Purchaser shall inspect the goods in accordance with § 377 HGB (German Commercial Code) without delay and notify any defects discovered. Obvious defects shall be notified without delay, at the latest within 14 days of receipt of the goods; hidden defects without delay after discovery in text form (§ 126b BGB). If timely notification is omitted, the delivery shall be deemed accepted in accordance with the contract, insofar as § 377 HGB applies and this is legally permissible.
8.2 For delivery parts which, due to their material composition or the nature of their use, are subject to premature wear, Taurox e.K. assumes no liability.
8.3 Taurox e.K. shall not be liable for damage resulting from unsuitable or improper use, faulty assembly or commissioning by the Purchaser or third parties, faulty automation integration, natural wear and tear, faulty or negligent handling, excessive stress, unsuitable operating resources, ingress of a foreign body or external influences.
8.4 For third-party products our liability is limited to statutory claims; however, we assign to the Purchaser any existing claims against the suppliers.
8.5 In the event of a software update pursuant to Section 15, the customer shall perform this under guidance of Taurox e.K. If this is not possible, the components required in each case shall be returned to Taurox e.K. and collected again after the software update.
8.6 For the performance of rectification and replacement deliveries, the Purchaser shall give us the necessary time and opportunity.
8.7 If the complaint is justified, Taurox e.K. shall bear the expenses required for subsequent performance (Nacherfüllung), in particular transport, travel, labour and material costs.
The manner of subsequent performance shall be governed by Section 8.9. In the case of subsequent performance at Taurox e.K.'s premises (bring-in / return-to-supplier procedure), Taurox e.K. shall bear the necessary costs of sending and returning the affected Delivered Item to and from the registered office of Taurox e.K. in Wiesenfelden (Section 14.3), insofar as the complaint proves justified.
If the Purchaser demands a place of performance deviating from subsequent performance pursuant to Section 8.9, in particular on-site subsequent performance, the Purchaser shall bear the additional costs arising thereby compared with subsequent performance at the registered office of Taurox e.K., insofar as subsequent performance at that location is not owed by law or required due to the nature, installation or intended use of the Delivered Item. Cost allocation pursuant to Section 8.9 in the case of unreasonable return shipment shall remain unaffected.
If subsequent performance is performed at the request of the Purchaser outside the Federal Republic of Germany, the Purchaser shall bear the expenses exceeding those required for subsequent performance at the registered office of Taurox e.K. (bring-in / return-to-supplier procedure), in particular international transport, customs and insurance costs, insofar as legally permissible. The second sentence shall remain unaffected.
8.8 The defects liability period is 12 months from the delivery date. Insofar as statutory limitation provisions apply beyond this, § 438 BGB (German Civil Code) shall apply.
8.9 Where defects liability applies, the affected Delivered Item shall in principle be returned to Taurox e.K. and, after subsequent performance has been completed, sent back to the Purchaser (subsequent performance at Taurox e.K.'s premises / return-to-supplier procedure). There is in principle no obligation to provide on-site subsequent performance.
If return shipment is unreasonable for the Purchaser, the parties shall contact each other without delay in order to agree another legally permissible and reasonable form of subsequent performance for both parties. In particular, diagnosis based on transmitted fault information or after advance shipment of suitable components, subsequent performance after return transport of individual affected components, partial or module replacement as well as on-site subsequent performance shall be considered.
Cost allocation shall be determined in accordance with Section 8.7. If the complaint is justified, Taurox e.K. shall bear the necessary expenses of the agreed subsequent performance in accordance with Section 8.7.
If return shipment is unreasonable solely because the Delivered Item, due to its nature, installation, connection with other systems or its size, cannot be returned or can be returned only with disproportionate effort, Taurox e.K. shall bear the necessary expenses of the agreed alternative in accordance with Section 8.7; a flat-rate shifting of these costs to the Purchaser shall not take place.
A claim to regular on-site service exists only upon separate agreement in text form (§ 126b BGB) or within the scope of an agreed service package.
8.10 If rectification fails, the Purchaser shall be entitled to choose between withdrawal from the contract and a reduction of the purchase price.
8.11 We are not obliged to remedy defects for as long as the Purchaser is in default in fulfilling its obligations, in particular its payment obligations.
8.12 If the Purchaser or third parties commissioned by it make unauthorised changes or repair work without our approval in text form (§ 126b BGB), the defects liability claim shall lapse insofar as the defect is based on the change or repair.
8.13 Defects liability claims are limited to subsequent performance (rectification or replacement delivery) as well as price reduction or withdrawal from the contract under the statutory prerequisites. Claims for damages arising from or in connection with defects shall be governed exclusively by Section 10; liability for indirect damage or consequential damage beyond the statutory subsequent performance rights is excluded, insofar as legally permissible.

9. Service, Hotline and Support

9.1 During the defects liability period (Section 8.8), the telephone hotline and written support for enquiries in connection with defects in the Delivered Item is free of charge. Thereafter, use is chargeable at the current hourly rate; actual time is billed, but at least 10 minutes per enquiry.
9.2 The customer shall be informed in advance of the expected effort if this exceeds one hour. In this case, the customer may withdraw the enquiry without any charge being made.
9.3 Excluded from billing after expiry of the defects liability period are enquiries that are demonstrably connected with hardware or software faults for which Taurox e.K. is responsible.
9.4 Billing is monthly with itemised proof of enquiries. Times below 60 minutes per calendar quarter are not billed.
9.5 In the case of service outside defects liability, the device shall in principle be returned to Taurox e.K. and collected again after repair. On-site service or provision of a replacement device is provided only upon separate written agreement.
9.6 Unless expressly agreed, Taurox e.K. does not owe any specific response, repair or availability time (no SLA). In the case of repairs, periods are extended in the event of unforeseen obstacles, parts shortages or force majeure in accordance with Section 3.4.
9.7 Claims for damages due to operational interruption, production downtime, the Purchaser's delivery failures to its customers or lost profit during repair, maintenance or service periods are excluded, insofar as legally permissible; the provisions of Sections 3.5 and 10 apply.
9.8 The Delivered Item is, unless described differently in the order confirmation or data sheet, designed for intended industrial use. No assurance of uninterrupted operation, freedom from failure, a specific availability (uptime) or specific response and recommissioning times is given unless expressly agreed in writing (SLA). Sporadic disruptions, diagnosis times and repair times do not give rise – even where they affect supply chains or contractual relationships of the Purchaser with third parties – to claims for damages beyond the statutory defect rights; Sections 9.7 and 10 apply.

10. Liability

For simple negligence, the liability provisions of Sections 10.2 to 10.5 apply; Taurox e.K. is liable without limitation in accordance with Section 10.1.
10.1 Taurox e.K. is liable without limitation in the case of intent, gross negligence, injury to life, body or health and under the German Product Liability Act (ProdHaftG).
10.2 In the case of a breach of material contractual obligations by simple negligence, Taurox e.K. is liable only for the typical contractual damage foreseeable at the time of conclusion of the contract, limited in amount to three times the net order value of the affected order. For framework or maintenance contracts, the net order value is replaced by the respective annual contract volume, but at least the remuneration achieved in the last settled contract year, if such a reference value exists; the liability cap is then three times this amount.
10.3 Otherwise, liability for simple negligence is excluded.
10.4 Atypical, indirect and purely reflex-type losses (Reflexschäden) are excluded or not recoverable, insofar as legally permissible. Not excluded are the typical contractual damage foreseeable at the time of conclusion of the contract within the meaning of Section 10.2 as well as claims under Section 10.1.
10.5 Insofar as Section 10.1 or Section 10.2 does not apply and liability for simple negligence nevertheless exists, the entire contractual liability of Taurox e.K. arising from or in connection with an order is limited in amount to the net order value of the affected order. For framework or maintenance contracts, the net order value is replaced by the respective annual contract volume, but at least the remuneration achieved in the last settled contract year, if such a reference value exists. The limitation under this Section 10.5 does not apply to claims under Section 10.1.
10.6 The foregoing liability limitations also apply for the benefit of the vicarious agents of Taurox e.K.
10.7 Claims of the Purchaser shall, insofar as legally permissible, be subject to a limitation period of 12 months from knowledge of the circumstances giving rise to the claim and of the identity of the debtor, but at the latest 24 months after delivery or performance. Excluded from this are claims due to intent, gross negligence, injury to life, body or health, under the German Product Liability Act as well as other mandatory statutory claims.

11. Product Annex Automation / Thread Cutting Machines

11.1 The thread cutting machines are intended for use in automation systems and production lines. Unless expressly agreed otherwise in writing, they do not serve as the sole quality gatekeeper or sole inspection and sorting instance.
11.2 The Purchaser is responsible for the overall process, automation integration, interfaces to PLCs, fieldbuses and higher-level control systems, redundant quality assurance, traceability and production release.
11.3 Prior to productive use (series operation), the Purchaser is obliged to verify and validate the proper installation and proper function in accordance with the agreed specification of the Delivered Item within its overall system (commissioning and integration inspection / SAT). This inspection must include a documented functional test using actual reference parts and actual defective parts (OK/NOK verification) as well as verification of signal transmission to the higher-level control system and must be recorded by authorised specialist personnel of the Purchaser. A Factory Acceptance Test (FAT) at the manufacturer is not required.
11.4 Taurox e.K. is not liable for damage caused by faulty process parameters, faulty integration, missing redundancy checks or insufficient acceptance by the Purchaser.
11.5 In the event of defects in the inspection, OK/NOK or sorting function, the Purchaser shall without delay remove the affected machine from productive sorting and inspection operation, inform us in text form (§ 126b BGB) and provide log data, defective parts and process data. If the Purchaser continues sorting or inspection operation despite recognised or recognisable defects, the Purchaser bears the risk of resulting incorrect OK/NOK decisions and consequential damage, insofar as legally permissible; Sections 8, 10 and 11.6 shall otherwise remain unaffected.
11.6 Recall costs, series defects in the Purchaser's end products, economic losses from incorrect OK/NOK statements or sorting decisions and other consequential damage from use in automation systems are excluded, insofar as legally permissible; the provisions of Sections 8 and 10 apply.
11.7 For control, inspection and sorting software in automation systems, the provisions of Section 15 (Software, Updates and Lifecycle) apply accordingly.
11.8 The Purchaser is responsible for compliance with occupational health and safety and machinery safety regulations (in particular BetrSichV (German Ordinance on Industrial Safety and Health), Machinery Directive 2006/42/EC) in its overall system, including risk assessment, protective measures, emergency stop devices, guarding and instruction of personnel. Taurox e.K. is not liable for personal injury attributable to missing or insufficient protective measures of the Purchaser, improper operation, lack of maintenance or insufficient integration inspection; Section 10.1 shall remain unaffected.
11.9 If the Purchaser becomes aware of unforeseen or faulty machine behaviour, in particular due to a software fault, it shall without delay place the machine in a safe state and stop operation until the cause has been clarified and remedied. If the Purchaser fails to take these measures, the Purchaser bears the risk of resulting damage, insofar as legally permissible.

12. Product Annex Tribometer / Measurement Technology

12.1 Tribometers serve reproducible friction and wear measurement under the conditions described in the data sheet and order confirmation. Unless expressly confirmed otherwise in writing, they are not legally verified measuring instruments for legal metrology purposes within the meaning of the Mess- und Eichgesetz (German Weights and Measures / Legal Metrology Act).
12.2 Measurement Data constitute technical indications for the evaluation of materials and lubricants. They do not replace the Purchaser's own responsible validation, series release or procurement decision.
12.3 Information on accuracy, reproducibility and measurement uncertainty relates to the test and reference conditions described in the data sheet, calibration protocol or order confirmation. Where a calibration protocol has been prepared, it documents the condition and measurement capability of the system at the time of calibration. Continuous compliance with the stated accuracy values over the entire service life without regular maintenance and recalibration is not assured. A deviation from the stated accuracy values occurring after transfer of risk does not in itself constitute a defect, insofar as the delivery complied with the agreed specifications at transfer of risk and the deviation is not based on a defect already present at transfer of risk; Sections 8 and 10 shall otherwise remain unaffected.
12.4 The Purchaser is responsible for compliance with the prerequisites described in the data sheet, manual or calibration concept, in particular regarding sample preparation, environmental conditions, maintenance, calibration intervals and use of suitable reference materials. If required maintenance or calibration measures are omitted or improperly performed, Taurox e.K. is not liable for resulting deviations in measured values, insofar as legally permissible. This does not apply insofar as a defect already existed at transfer of risk.
12.5 Taurox e.K. is not liable for losses resulting from decisions and from mistaken investments, in particular costs of incorrectly ordered lubricants, material changes, production changes, formulation changes, investment decisions or quality defects in end products based on Measurement Data, evaluations or recommendations of the Purchaser. The Purchaser bears responsibility for plausibility checking and professional evaluation of the measurement results.
12.6 Prior to productive use, the Purchaser shall perform reference measurements with its own samples and document them in an acceptance protocol.
12.7 For tribometers, the provisions of Section 15 (Software, Updates and Lifecycle) apply accordingly, in particular regarding outdated software and firmware versions.

13. Withdrawal from the Contract

13.1 Taurox e.K. is entitled to withdraw from the contract in whole or in part if the Purchaser is in default in taking delivery.
If, after conclusion of the contract, concrete circumstances become known that materially jeopardise the Purchaser's ability to pay (e.g. significant payment delays, attachments or the futility of enforcement measures), Taurox e.K. may refuse performance and set the Purchaser a reasonable period within which it must make the counter-performance concurrently with Taurox e.K.'s performance or provide security. After unsuccessful expiry of the period, Taurox e.K. is entitled to withdraw from the contract in whole or in part.

14. Place of Jurisdiction / Place of Performance / Applicable Law

14.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The application of other sales laws is excluded.
14.2 The exclusive place of jurisdiction for all disputes arising from or in connection with this contract between merchants within the meaning of German law is, insofar as legally permissible, the registered office of Taurox e.K. However, Taurox e.K. is entitled to sue the Purchaser at its principal place of business as well.
14.3 The place of performance of Taurox e.K. is its registered office in Wiesenfelden.

15. Software, Updates and Lifecycle

15.1 Taurox e.K. is not obliged to proactively notify Purchasers of software or firmware updates, to provide updates automatically or to contact Purchasers with outdated software individually.
15.2 Updates are – if provided at all – provided upon request, by publication on the website of Taurox e.K., by e-mail to the contact address notified by the Purchaser or within the scope of a separately agreed maintenance contract. The Purchaser is responsible for keeping its contact details up to date.
15.3 The Purchaser is responsible for the current status of software and firmware, regular checking of available updates and timely installation of security- or function-relevant updates within 30 days. The period commences only when the update has been provided or notified to the Purchaser, the instructions or compatibility information required for proper installation are available and installation is reasonable.
15.4 There is no claim to subsequent performance at no charge, support at no charge or fault diagnosis at no charge for a fault corrected in a newer version notified to the Purchaser if the Purchaser has not installed the update within the period specified in Section 15.3, although the prerequisites of Section 15.3 were fulfilled and installation would have been reasonable. Installation is in particular not reasonable if the update is technically unavailable, is not compatible with the Delivered Item, can be installed only with disproportionate effort or if the instructions or compatibility information required for proper installation have not been provided by Taurox e.K. Claims under Section 8 remain unaffected for other defects. This does not apply in the case of intent or gross negligence of Taurox e.K.
15.5 Support, hotline (Section 9) and defects liability (Section 8) apply to software and firmware only in the respective Supported Version within the meaning of Section 1.6. For older versions (end of support), there are no claims to updates, support or defect remedy, insofar as legally permissible.
15.6 The Purchaser shall document the installed software and firmware version in operating and maintenance documentation and provide it upon request.
15.7 Statutory information, warning or recall obligations remain unaffected, in particular in the case of product safety risks. In such cases, Taurox e.K. shall inform affected Purchasers in a reasonable manner; there is no further proactive obligation to track individual installations.
15.8 Damage resulting from use of outdated, no longer supported or not updated software or firmware, although an update was provided or notified and its installation was reasonable for the Purchaser (cf. Section 15.4), is excluded, insofar as legally permissible; the provisions of Sections 8, 10 and 11 apply. Claims under Section 10.1 remain unaffected.
15.9 The Purchaser receives a non-exclusive, non-transferable, non-sublicensable right of use in the software supplied with the Delivered Item (firmware, TauroView, TauroLink and comparable applications) for the contractually agreed purpose on the respective Delivered Item. Reverse engineering, decompilation, rental and transfer to third parties are prohibited without prior consent in text form (§ 126b BGB).
15.10 Upon termination of the contract or return of the Delivered Item, the right of use expires; the Purchaser shall delete installed software copies, insofar as technically possible.

16. Testing Services / Tribological Examinations

16.1 Where Taurox e.K. provides testing or analysis services (e.g. tribological tests, friction and wear examinations, sample evaluations), the provisions of this Section apply additionally.
16.2 The scope of services, test parameters, number of samples and subject matter of the results shall be determined from the written order confirmation or a separate testing order.
16.3 Test results are technical working documents without any assurance as to completeness or suitability for a specific intended use of the Purchaser. They do not replace the Purchaser's own responsible evaluation, validation or release.
16.4 Taurox e.K. is not liable for losses resulting from decisions or from mistaken investments, or for consequential damage based on test reports or measurement results; the provisions of Sections 10 and 12 apply.

17. Confidentiality

17.1 The parties undertake to use confidential information of the other party obtained in connection with the contract (in particular technical data, engineering drawings, process data, prices and trade secrets) only for the performance of the contract and not to make such information accessible to third parties, insofar as statutory disclosure obligations do not preclude this.
17.2 The obligation applies beyond the term of the contract for a period of three years after termination of the contractual relationship.

18. Export Control

18.1 The Purchaser is responsible for compliance with all applicable national and international export control, sanctions and embargo regulations upon resale, export or transfer of the Delivered Item to third countries.
18.2 The Purchaser shall indemnify Taurox e.K. against third-party claims and sanctions imposed by authorities resulting from breaches by the Purchaser of export control regulations, insofar as legally permissible.

Language and Precedence

These General Terms and Conditions have been translated into English for convenience. The German version shall be legally binding. In the event of any discrepancy, inconsistency or conflict between the German and English versions, the German version shall prevail.

 

July 2026