9. Property rights
Brielmaier Motormäher GmbH shall, in accordance with this clause, ensure that the delivery item is free from industrial property rights or copyrights belonging to third parties. Each party to the contract shall immediately notify the other party in writing if any claims are asserted against it for the violation of such rights.
In the event that the delivery item violates a commercial property right or copyright of a third party, Rapid Brielmaier Motormäher GmbH shall, as it chooses and at its expense, modify or replace the delivery item in such a way that no rights of third parties are violated, but the delivery item continues to fulfil the contractually agreed functions, or give the Contractor the right of use by entering into a license agreement with the third party. If Brielmaier Motormäher GmbH fails to do so within a reasonable period of time, the Contractor is entitled to withdraw from the contract or reduce the purchase price accordingly. Any claims for damages by the Contractor are subject to the restrictions of these T&C.
In the event of legal violations by products from other manufacturers supplied by Brielmaier Motormäher GmbH, Brielmaier Motormäher GmbH shall, as it chooses, assert its claims against the manufacturers and suppliers on behalf of the contractor or assign them to the contractor. In such cases, claims against Brielmaier Motormäher GmbH shall only exist in accordance with this section if the enforcement of the aforementioned claims against the manufacturers and suppliers has been unsuccessful or, is futile due to insolvency, for example.
12. Severability clause
Should individual provisions of the contract with the Contractor, including these T&C, be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected thereby. The completely or partially ineffective regulation shall be replaced by a regulation whose economic success comes as close as possible to that of the ineffective regulation.