IX. Other Provisons
1. Title of the goods that have been delivered remains with AluTeam until settlement of all claims existing against the customer. The allocation of risk as to price and performance in section III.-8. is not affected by the reservation of title.
2. Irrespective of continuing statutory or contractual claims, the customer will indemnify AluTeam without limit against all claims of third parties which are brought against AluTeam on the grounds of product liability or similar provisions, to the extent that the liability is based on circumstances which - such as, for example, the presentation of the product - were caused by the customer or other third parties without express written consent of AluTeam. In particular, the indemnity also includes the reimbursement for expenses incurred by AluTeam and is granted by the customer waiving further conditions or other objections, in particular without requiring compliance with control and recall obligations, and waiving any defence of limitation.
3. In relation to pictures, drawings, calculations and other documents as well as computer-software, which have been made available by AluTeam in a material or electronic form, the latter reserves all proprietary rights, copyrights, other industrial property rights as well as know-how rights. They are to be kept secret from third parties and should only be used to further the performance of the respective contract. After performance, they are to return all of them spontaneously to AluTeam without keeping any copy and to wave any right of retention.
4. Subject to written objection by the customer, personal data, which AluTeam receives from the customer in the execution of activities covered by these International Conditions of Sale, are processed by AluTeam and also by service providers located in Germany or abroad.
5. The transmission of electronic documents (EDI) requires special agreements.
6. All communications, declarations, notices etc. are to be drawn up exclusively in German or English. Communications by means of fax or e-mail fulfil the requirement of being in writing.
