TRIMBLE INC. - Laserfiche WebLink

Home Browse Search

OR PERSONAL INJURY SHALL NOT EXCEED EUR 1.250.000. The applicability of section 6:227b subsection 1 and section 6:227c subsection 1 of the Dutch Civil Code are excluded in any Agreement between Trimble and any person who is not a consumer. Germanv If German law applies to this Agreement, the following terms are incorporated Into the General Terms: 1. With regards to section 3.4, it is recorded that, according to applicable law and provided that no consumer is the counterparty of the Agreement, the enforceable maximum interest rate is nine (9) percent above the base interest rate. The maximum Interest rate applies if the statutory requirements for default (Verzug) are fulfilled. 2. With regards to section Ziffer 4.2 it is clarified that the statutorily available rights to terminate extraordinarily or without notice period remain unaffected. 3. The following applies regarding section 6: Section 6 will not apply. With regards to warranty (Gewahrlelstung) the relevant provisions of Trimble's Supplemental Terms apply. In addition, unless this is explicitly agreed in writing, it is not intended that Trimble provides a guarantee that exceeds complements the statutory provisions (gesetzliche Gewdhrleistung). 4. With regard to paragraph 7 :instead of Section 7 (limitation of liability) only the following provisions apply: • Trimble is liable for damages of the Customer that were caused intentionally or through gross negligence, that is the result of failure to deliver on an explicit, written guarantee, that is based on a culpable breach of essential contractual obligations (so-called cardinal obligations), that is the result of a culpable injury to health, body or life or for which liability is provided for under the Product Liability Act or another mandatory legal regulation, in accordance with the statutory provisions. • Cardinal obligations are those contractual obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely, and whose violation, on the other hand, endangers the achievement of the purpose of the contract. • In the event of a breach of a cardinal obligation, liability - to the extent that the damage is based solely on slight or normal negligence and does not affect life, limb or health - is limited to damage that typically arises in the context of the delivery of such software as purchased by the customer and must be expected foreseeably. • Any further liability — regardless of the legal basis —of both Trimble and Trimble's vicarious agents and vicarious agents is excluded. • If damage to the customer results from the loss of data, Trimble is only liable if the damage could not have been avoided if the customer had normally backed up the data in question. 5. Regarding Section 11 Deviating from Section 11.4, it is agreed that the parties also conclude the DPA linked under https://www.trimble.com/privacy or a successor URL when concluding this Agreement. Upon request, the Customer can request that a signed copy be sent. The transfer of personal data from Trimble facilities in Europe, acting as data exporter, to Trimble facilities in the United States, acting as data importer, is governed by Standard Contractual Clauses, which are available at the same URL or upon written request to Trimble. 6. With regard to clause 12.1 In addition to Section 12, 1, it is stipulated that in the event of a change, the customer is granted an immediate and unconditional right of termination. 7. With regard to clause 12.9. • The following section applies instead of section 12.9. • Governing Law and Venue; Waiver of Jury Trial, The Agreement and any dispute, claim or controversy arising therefrom shall be governed exclusively by the laws of the jurisdiction applicable to Customer's location as set forth in Appendix A (Trimble Entities; Governing Law; Exclusive Jurisdiction/Venue) under "Governing Law", without Consideration or application of conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply. All claims, matters and disputes arising from the agreement are subject to the customer if the customer is a merchant, a legal entity under public law or a special fund under public law or he does not have a general place of jurisdiction in the Federal Republic of Germany the sole and exclusive jurisdiction and venue set out in Appendix A (Trimble Entities; Governing Law; Exclusive Jurisdiction/Venue) under "Exclusive Jurisdiction/Venue". • Regarding paragraph 12.15.Clause 12.15 does not apply.