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- 66 - GENERAL TERMS AND COND I T I ONS OF BUS I NESS GENERAL TERMS AND CONDITIONS OF BUSINESS Section 6 Liability 1. We hereby exclude our liability for negligent breach of duty, on the condition that no contractual obliga- tions, damages resulting from injury to life, limb or health or guarantees concerning, or claims under the Product Liability Act are affected. The same applies to breaches of duty by our legal representatives and agents. 2. If the contractor‘s operating or maintenance instructions are not followed, if the products are modified, if parts are replaced, or if consumables which do not comply with the original specifications are used, any warranty will lapse if the customer does not disprove a correspondingly substantiated assertion that the defect was only caused by one of these circumstances. 3. Liability for normal wear and tear is excluded. Section 7 Limitation 1. Claims due to a defect in a used item will expire one year after the delivery of the item. 2. Claims not relating to a defect will expire after one year. 3. Notwithstanding Point1 and Point2, the statutory deadlines shall apply, if the liability is based on intent or an assumed warranty. Section 8 Reservation of ownership 1. We retain ownership of the goods until all payments from the delivery have been received. In the event of breach of contract – especially late payment – we are entitled to take back the purchased goods. The withdrawal or seizure, by us, of goods delivered under reservation always constitutes a withdrawal from the contract. After withdrawing the goods, we are entitled to reutilise them. After the deduction of reasonable utilisation costs, the remaining utilisation proceeds are charged to the buyer as obligations. 2. The buyer is obliged to notify us immediately in writing of any attachments of the purchased items, and to inform the pledgee of the reservation of title. If the third party is unable to compensate us for the judicial and extrajudicial costs of an action pursuant to Section 771 ZPO, the customer is liable for the damages incurred. Section 9 Payment 1. Unless otherwise agreed, our invoices are due and payable with 2 % cash discount within 8 days fol- lowing the date of invoice, or within 30 days following the date of invoice without any discount. 2. We reserve the right to refuse cheques or bills of exchange. Cheques are only accepted as a conditional payment. Discount or bill charges shall be paid by the contracting party, and are due immediately. 3. If there is reasonable doubt about the creditworthiness of the customer, especially if he does not honour a check or if he suspends payment, we are entitled to make the entire balance due, even if we have ac- cepted cheques. In addition, we shall be entitled to claim advance payments or collateral. 4. If the buyer stops payment definitively and/or triggers insolvency proceedings on his assets or judicial or extrajudicial composition proceedings, we are also entitled to withdraw from the unfulfilled part of the contract. 5. If the buyer defaults on payment, we are entitled to charge interest pursuant to the legal provisions. If we are able to provide evidence of further damages caused by delay, we are entitled to claim these.6.The buyer may only exercise offset rights if his counterclaims have been established as final, are undisputed, or are recognised by us. Moreover, he shall only be entitled to exercise a right of retention if his counter- claim is based on the same contractual relationship.