10.1 The Equipment inclusive any accompanying Documentation is purchased by the Customer “as is” and if applicable, “as seen” (meaning: Foeth is selling, and the Customer is buying the Equipment in whatever condition it presently exists, and that the Customer is accepting the Equipment “with all faults”. Furthermore, the Documentation is provided insofar as available to Foeth). Foeth expressly makes no representation or warranty, express, or implied, including but not limited to warranties of merchantability or fitness for a particular purpose or any other matter with respect to Equipment.
10.2 The Customer is given the opportunity to conduct an on-site acceptance test with the Equipment purchased to assert himself that the Equipment is in conformity with the Equipment Specifications. Foeth shall not be responsible for the consequences of Customer’s failure to conduct an onsite acceptance test or for any inaccuracies, insufficiencies, or omissions in the Equipment Specifications.
10.3 Unless agreed otherwise in writing, any affirmation of fact or promises made by Foeth shall not be deemed to create an express warranty that Equipment shall conform to such affirmation or promise. Any descriptions, samples and Equipment Specifications offered for sale are not warranted by Foeth to be accurate or complete. If a model or sample was shown to the Customer, such model or sample was used merely to illustrate the general type and quality of Equipment sold by Foeth and not to represent that Equipment would necessarily conform to such model or sample. Any description is for the sole purpose of identifying Equipment and no affirmation, promise, description, sample or model shall be deemed part of the basis of the sale.
10.4 The Customer understands that the Equipment described herein has been used by persons other than Foeth. The Customer is warned and acknowledges that such Equipment may bear or contain hazardous chemicals or other hazardous materials which may be or may become, by chemical reaction or otherwise, directly or indirectly hazardous to life, to health, or to property (by reason of toxicity, flammability, explosiveness or for other similar or different reasons during use, handling, cleaning, reconditioning, disposal or at any other time after the Equipment leaves the possession and control of Foeth).
10.5 Unless these General Conditions provide otherwise, Foeth’s liability for direct damages shall at all times be limited to: (i) the amount the Customer was obliged to pay for the delivery of the Equipment which caused the direct damage (exclusive VAT); or (ii) if the damage is covered by Foeth’s commercial liability insurance, the amount actually paid out by the insurer.
10.6 Foeth shall not be liable for: (i) indirect damage, including but not limited to, consequential damage, loss of profit, lost savings and damage due to business stagnation; and (ii) any death or physical injury of employees of the Customer howsoever caused and no matter whether the death or physical injury results wholly or partly from any act or omission on the part of Foeth and/or its TERMS AND CONDITIONS Affiliated Companies, their employees or any other third party. The Customer shall indemnify Foeth against all liability, cost or expense, which may be sustained by Foeth on account of any such damage, death or injury.
10.7 If the Customer acts on behalf of one or more third parties then, notwithstanding the liability of those other parties, the Customer is liable to Foeth as though it were acting on its own behalf.
