Delivery dates and terms are only deemed agreed upon if confirmed in writing by BrightCore Division in a further text „BCD-A“ and are subject to the timely performance of the obligation to cooperate on the part of Purchaser/Licensee. They commence upon such confirmation and shall be renegotiated in the event of later contractual amendments. In particular, this applies also in the event of contract adaptations since the product description of the hardware components are merely general product specifications. There is no claim for delivery of the specified hardware product. In the event that, upon signature of the product sheet, individual hardware components are no longer available, BCD-A shall be entitled to replace such components by ones of an equivalent nature. If the Purchaser/Licensee disagrees with the alternative delivery, partial cancellation is possible exclusively with reference to the components that cannot be delivered. BCD-A will provide Purchaser/Licensee with an updated order confirmation for the changed hardware components. Purchaser is aware of the fact that hardware manufacturers constantly add technical modifications to their products. In addition, Purchaser agrees that BCD-A shall deliver the products in the technical state of the art at the time of delivery.
Compliance with terms and schedules on the part of BCD-A always presupposes that Purchaser/Licensee adheres to Purchaser/Licensee’s obligations under Contract, particularly with respect to timely installation preparations and payment, as well as Purchaser/Licensee’s obligation to cooperate. If this is not the case, agreed deadlines shall be extended and the schedules deferred automatically by at least the length of time of the delay. This expressly applies in such event Licensee makes additional requirements on BCD-A or programming by BCD-A that are not evident from Target Specifications or makes changes to its contents.
In the event that BCD-A exceeds delivery terms or deadlines that have been agreed and confirmed in writing by six (6) weeks or more, Purchaser/Licensee shall be entitled to request – in writing – delivery within a reasonable additional term. With this reminder, BCD-A shall be deemed to be in default. After the additional delivery term has expired without satisfaction, Purchaser/Licensee shall be entitled to waive the Contract with reference to the deliveries and services with which BCD-A is in default. Partial deliveries/services with which BCD-A is not in default are not subject to the right of cancellation.
BCD-A shall in no case hold any other liability with the limitation of that BCD-A shall warrant for the term of one year upon delivery the absence of defects of Hardware and Software. Purchaser is obliged to report in writing any defects upon their first occurrence. BCD-A shall be entitled to six (6) additional attempts to satisfy its obligation of warranty per individual defect. In such event that a sixth attempt to satisfy fails, Purchaser shall be entitled to exercise additional warranty rights, as also in the case of impossibility of delivery.
Change of Construction and Form Construction and form of hardware and software shall be subject to change up to the time of delivery, as far as the Object Purchased/the Software shall not have been changed significantly and if, in addition, such changes are deemed to be reasonable or beneficiary to Purchaser/Licensee.