5.5 Apparent defects shall be notified immediately, but no later than fourteen (14) days after receipt of the goods, otherwise all claims under the guarantee shall be ruled out. 5.6 Insofar as the Buyer claims for damages on the grounds of intent or gross negligence, including intent or gross negligence on the part of the agents of the Seller or on the part of persons employed by the Seller in the performance of its obligations, the latter shall be liable in accordance with the statutory provisions. To the extent that no intentional breach of contract is attributable to the Seller, liability for damages shall be limited to foreseeable damage which may typically occur. 5.7 Any further liability for damages shall be excluded. In particular, the Seller shall not be liable for damages not occurred on the article of delivery itself. 6. RIGHT OF EXCHANGE 6.1 The Seller shall only grant the statutory rights of return applying to remote selling in the case of legal transactions concluded by consumers for purposes which cannot be attributed either to a trade activity or self-employed professional activity. Customers making use of such right of return shall no longer be bound by their orders, provided that the goods are sent back at their own expense within fourteen (14) days from the date of receipt. The provisions of the law governing remote selling shall not be applied for trade customers. 6.2 Returns shall be accompanied by the original invoice, otherwise goods may neither be accepted for return nor exchanged. 6.3 Goods due to be exchanged must arrive at the premises of the Seller unused and in the original packaging. In the event of substantial deterioration (soiling, damage, lack of original packaging), the Seller expressly reserves the right to request compensation. 6.4 Purpose-made products shall be excluded from such right of exchange. 7. PROVISION FOR RETENTION OF TITLE 7.1 The Seller shall retain title to the goods pending receipt of all payments owing under the supply agreement. In the event that the Buyer fails to act in conformance with the agreement, particularly in the case of delayed payment, the Seller shall be entitled to recover the article of sale. Recovery of the article of sale by the Seller shall not constitute rescission of the agreement unless expressly confirmed in writing by the Seller. Seizure of the article of sale by the Seller shall constitute rescission of the agreement. Following recovery of the article of sale, the Seller shall be entitled to market the same, whereby the proceeds from the sale shall be set off against amounts due from the Buyer, less reasonable costs of marketing. 7.2 The Buyer shall be entitled to resell the article of sale in the ordinary course of business; however the Buyer hereby assigns to the Seller all receivables due from customers or third parties as a result of such resale, up to the total amount outstanding to the Seller as stated in the invoice (including value-added tax), irrespective of whether the article of sale is resold with or without further processing. Notwithstanding such assignment, the Buyer shall still be entitled to collect the receivables. The authority of the Seller to collect such receivables on its own behalf shall remain in abeyance for as long as the Buyer discharges its payment obligations out of the proceeds received, does not default, and providing in particular that no insolvency proceedings are filed and no cessation of payments occurs. 7.3 Otherwise the Seller may however demand that information on the amount of receivables assigned and the debtors concerned is provided by the Buyer, as well as all particulars necessary to collect such receivables, and that the relevant documents are supplied and the debtors (third parties) notified of the assignment. 7.4 Any and all processing or reforming of the article of sale on the part of the Buyer shall be undertaken on behalf of the Seller. If the article of sale is processed together with items not belonging to the latter, joint title to the new article shall be acquired equivalent to the value of the article of sale (total amount including value-added tax) as a proportion of the other items processed at the time of processing. Moreover, the articles arising as a result of such processing shall be subject to the same provisions as the article of purchase delivered on the condition of retained title. 7.5 Should the article of sale be inseparably united with other items not belonging to the Seller, joint title to the new article shall be acquired equivalent to the value of the article of sale as a proportion of the other items united at the time of uniting the same, in such a way that the article of the Buyer shall be regarded as the principal article; it is hereby agreed that the Buyer shall transfer pro rata joint title to the Seller. The Buyer shall hold such joint title on behalf of the Seller. 8. storage of DATA 8.1 It is hereby pointed out that the Seller shall store and process data relating to the Buyer in its EDP system to the extent that this is necessary in the course of business and permissible within the scope of the German Data Protection Act. 9. PLACE OF JURISDICTION 9.1 Contractual relations shall be governed solely by the law of the Federal Republic of Germany. Place of performance and place of jurisdiction for both parties shall be Munich. 10. LIABILITY 10.1 It should be noted that quotations made by the Seller shall be subject to change without notice and no liability shall be accepted for printing errors. The Seller hereby reserves the right to undertake technical modifications and improvements; errors shall be excepted. 10.2 The Seller shall accept no liability for faults for which it is responsible, except in the case of gross negligence or intent; this shall also apply in cases of breach of contract and product liability.