Verbal Ancillary Agreements

If, as part of the contract, supplier-owned devices are delivered to the customer`s website, the supplier retains ownership of these delivered devices until all payments resulting from the business relationship are received. In the event of a customer`s default, particularly with regard to payments due, the supplier has the right to recover its devices. The consultation of the devices does not constitute a termination of the contract, unless the supplier has expressly stated it in writing. After consulting the devices, the supplier has the right to continue using them. The value of the use of these products is duly deducted from the customer`s debt, net of any user costs. The customer is required to treat purchased and rented goods with care. In particular, it is required to insure them sufficiently for their new value against the damage that may result from lightening, fire, water, theft or vandalism. To the extent that maintenance and inspection work is required, the client must have it done in a timely manner at his own expense. In the event of a seizure or other actions of a third party, the customer is required to notify the supplier without delay so that the supplier can file a claim pursuant to Section 771 of the OPZ. To the extent that the third party is unable to reimburse the legal and extrajudicial costs incurred by a claim, the client is liable for any damages suffered by the supplier under this provision. ZPO 771.

The customer has the right to give up the delivery object as part of the ordered commercial transaction. However, the reseller transfers all receivables to the supplier until the final amount of the contract, including the revenue tax, to the supplier, as a result of the sale of the delivery item to its buyer or to a third party. The client reserves the right to recover this amount even after the rebate. The supplier`s requirement to recover the amount itself is not affected. However, the supplier undertakes not to recover the amount if the customer fulfils its payment obligations on the income produced, if its payments are not late and, in particular, is not subject to the initiation of an insolvency procedure and, furthermore, is not interrupting payments. However, if this is the case, the supplier may require the customer to inform the customer of the amounts transferred and the debtors owed to them and that the customer provide all the information necessary to recover the sums and all associated documents, or that the client inform the debtor (third parties) accordingly.