§ 7 Restitution of damages
(1) Unless otherwise specified below, any claims for restitution of damages by the customer shall be excluded. This shall apply in particular to claims from ancillary contractual obligations, culpability upon contract signing and tort liability. It shall also apply to any claims for damages outside of the purchased goods and claims for lost profits, as well as claims not resulting from the defective nature of the purchased goods.
(2) The exclusion of liability of Sect. 1 shall not apply if we are culpably in violation of any contract obligation. In these cases the liability shall be limited to contract-typical and foreseeable damages. The essential contract obligations include on the one hand the individual contract-stipulated principal performance obligations and their timely performance, and on the other hand the information and diligent care obligations which are of essential significance for the protection of the customer or which are a necessary ingredient of contract implementation.
(3) Furthermore, the exclusion of liability of Sect. 1 shall not apply to any liability as the result of injuries to life, body or health, and it shall not apply in case of any damages as the result of intentional or grossly negligent violation of obligations by us, our legal representatives or agents. Furthermore, it shall not apply in cases where the product liability law provides liability coverage for personal or property damages from defects in privately used delivered goods. I also shall not apply to the assumption of any individually agreed guaranty or the respective assurance of an attribute if any thus incorporated defect triggers our liability.
(4) We shall not be responsible for any delays in delivery and service due to force majeure or events for which we are not culpable and which significantly impair or render impossible our deliveries, including problems with material procurement, business interruptions, strikes, lockouts, lack of transportation, government orders, energy supply problems, etc., even if they happen to our suppliers or sub-suppliers, and even in case of binding deadlines and time schedules. These events shall allow us to postpone the delivery and service by the duration of the delay, plus a reasonable start-up time, or to rescind the contract, in full or parts thereof, due to the unfulfilled portion of it. We shall inform the customer of such delivery difficulties immediately. We shall be entitled to render partial deliveries which are reasonable to the customer.
(5) The above exclusions and limitations of liability shall apply equally to our organizational organs, legal representatives, employees and other agents.