1. The following terms and conditions of sale apply to all contracts concluded between the buyer and us for the delivery of goods. By placing the order and / or accepting the goods delivered by us, the customer confirms knowledge and agreement with our terms. They shall also apply to all future business relations, even if they are not expressly agreed upon again. Deviating conditions of the buyer, which we do not expressly recognize, are not binding for us, even if we do not expressly contradict them. The deviating conditions are hereby already expressly contradicted. The following terms and conditions of sale shall also apply if we execute the buyer’s order without reservation in the knowledge of conflicting or deviating terms and conditions of the buyer.
2. Other agreements, amendments and collateral agreements require written confirmation.
3. All agreements made between the buyer and us for the execution of the purchase contracts are set down in writing in the contracts.
4. These GTC and the contractual relationship between us and the Seller shall be governed by the laws of the Federal Republic of Germany to the exclusion of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.
5. If the Seller is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive – including international – place of jurisdiction for all disputes arising from the contractual relationship shall be our registered office in Fulda. The same shall apply if the buyer is an entrepreneur within the meaning of § 14 BGB (German Civil Code). However, we shall also be entitled in all cases to bring an action at the place of performance of the delivery obligation in accordance with these General Terms and Conditions or a prior individual agreement or at the general place of jurisdiction of the Seller. Overriding statutory provisions, in particular regarding exclusive jurisdiction, shall remain unaffected.
1. An order of the buyer, is the offer to conclude a purchase contract. We can accept this within two weeks by sending an order confirmation or by sending the ordered products within the same period.
2. Our offers are subject to change and non-binding, unless we have expressly designated them as binding. The scope of our obligation to perform shall be determined solely by our written order confirmation.
3. Our documents on which the offer or the order confirmation is based, such as illustrations, drawings, dimensions and weights, are only to be understood as approximate values, unless they are expressly designated as binding.
4. We reserve our property rights, copyrights and other industrial property rights to all illustrations, calculations, drawings and other documents, materials, models, samples and specifications. The buyer may only pass these on to third parties with our written consent, irrespective of whether we have marked them as confidential.
5. Obvious errors, printing, calculation, spelling and calculation errors are not binding on us and do not entitle the customer to compensation.
6. We reserve the right to make design changes and other changes to technical data and performance features in the interests of technical progress.
1. Unless otherwise agreed, our prices include standard packaging and exclude statutory value added tax. This will be shown in the invoice in the statutory amount on the day of invoicing.
2. In principle, deliveries are made against prepayment, on request and verification against invoice in the currency “EURO”.
3. All orders shall be based on the prices and discount rates applicable at the time of delivery. A discount deduction is only permissible with a special written agreement between us and the buyer. This written agreement shall also be concluded, for example, by our order confirmation.
4. Deliveries against invoice must be expressly agreed. The purchase price is then due for payment net (without deduction) immediately upon receipt of the invoice by the buyer, insofar as no other payment date results from the order confirmation.
A payment shall only be deemed to have been made when we can dispose of the amount. In the case of payments by check, payment shall only be deemed to have been made when the check has been cashed and credited. We are not obliged to accept bills of exchange.
5. If the buyer is in default of payment, the German legal regulations shall apply.
6. All our claims against the buyer shall become due immediately if a payment deadline is not met or the buyer breaches other contractual agreements or we become aware of circumstances that are likely to reduce the creditworthiness of the buyer. Furthermore, in such a case we shall be entitled to carry out outstanding deliveries only against advance payment or provision of security, even if previously agreed otherwise. After setting a reasonable grace period, we shall also be entitled in this case to withdraw from the contract or to claim damages for non-performance. We may also prohibit the resale of the goods delivered under retention of title, demand their return or the transfer of indirect possession at the buyer’s expense and revoke a collection authorization.
7. The buyer shall only be entitled to set-off, even if notices of defects or counterclaims are asserted, if the counterclaims have been legally established, have been acknowledged by us or are undisputed. The buyer shall only be entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.
1. Delivery dates or deadlines that have not been expressly agreed as binding are exclusively non-binding information. The delivery time stated by us shall not commence until technical questions and details of execution have been clarified.
2. The buyer shall duly and timely fulfill all obligations incumbent upon him. The agreed delivery period shall be extended – without prejudice to our rights arising from default on the part of the buyer – by the period by which the buyer is in default with its obligations under this or another contract. This shall also apply if a fixed delivery date has been agreed.
3. If the underlying purchase contract is a transaction for delivery by a fixed date within the meaning of Section 286 (2) No. 4 of the German Civil Code (BGB) or Section 376 of the German Commercial Code (HGB), we shall be liable in accordance with the statutory provisions. The same shall apply if, as a result of a delay in delivery for which we are responsible, the buyer is entitled to claim that he no longer has an interest in the further performance of the contract. In this case, our liability shall be limited to the foreseeable, typically occurring damage. The limitation of liability shall not apply if the delay in delivery is due to an intentional breach of contract for which we are responsible, whereby fault on the part of our representatives or vicarious agents is to be attributed to us. Likewise, we shall be liable to the buyer in the event of a delay in delivery in accordance with the statutory provisions if this is based on an intentional or grossly negligent breach of contract for which we are responsible, whereby fault on the part of our representatives or vicarious agents is to be attributed to us. Our liability is limited to the foreseeable, typically occurring damage if the delay in delivery is not based on an intentional breach of contract for which we are responsible.
4. In the case that a delay in delivery for which we are responsible is based on the culpable breach of an essential contractual obligation, whereby a fault on the part of our representatives or vicarious agents is attributable to us, we shall be liable in accordance with the statutory provisions with the proviso that in this case the liability for damages shall be limited to the foreseeable, typically occurring damage.
5. Furthermore, in the event of a delay in delivery for which we are responsible, the buyer shall be entitled to claim a lump-sum compensation in the amount of 0.5% of the delivery value for each full week of the delay. of 0.5 % of the delivery value for each full week of delay, but not more than 5 % of the delivery value.
6. Any further liability for a delay in delivery for which we are responsible is excluded. The buyer’s further statutory claims and rights to which he is entitled in addition to the claim for damages due to a delay in delivery for which we are responsible shall remain unaffected.
7. We are entitled to make partial deliveries and render partial services at any time, insofar as this is reasonable for the customer. 8. 8. delivery dates shall be deemed to have been met if the goods have left our factory in due time.
9. Events of force majeure shall entitle us to postpone delivery for the duration of the impediment and a reasonable start-up period or to withdraw from the contract due to the part not yet fulfilled. In the event of force majeure, strikes, lockouts and other circumstances which make delivery considerably more difficult or otherwise impossible for us shall be deemed to be equivalent, regardless of whether they occur at our premises or those of a supplier. The buyer can demand a declaration from us as to whether we wish to withdraw from the contract or deliver within a reasonable period of time. If we do not make such a declaration, the buyer may withdraw from the contract.
10. If the buyer is in default of acceptance, we are entitled to demand compensation for the resulting damage and any additional expenses. The same shall apply if the buyer culpably violates duties to cooperate. With the occurrence of the default of acceptance or debtor’s delay, the risk of accidental deterioration and accidental loss shall pass to the buyer.
1. Unless otherwise agreed in writing, delivery shall be EXW / Ex Works in accordance with Incoterms 2020 of the ICC. For parts incl. packaging with oversize (from a length of 6 m or a width of 2.4 m or a height of 2.3 m) the delivery is EXW / Ex Works plus packaging.
2. With the handover to the customer as collector, but with the leaving of the factory or the warehouse, but at the latest with the handover to the 1st carrier, all risks are transferred to the buyer.
3. In the case of delivery with installation or assembly at the buyer’s location, the transfer of risk shall be on the day of acceptance at the buyer’s own premises or, if agreed, after a faultless trial run. If dispatch, delivery, the start or performance of assembly or erection, the taking over in the buyer’s own works or the trial run is delayed for reasons for which the buyer is responsible, or if the buyer is in default of acceptance for other reasons, the risk shall pass to the buyer as soon as the Supplies are made available.
4. We do not take back transport packaging and all other packaging in accordance with the Packaging Ordinance; pallets are excepted. The buyer shall be responsible for the disposal of the packaging at his own expense.
5. If shipment is delayed at the request of or through the fault of the buyer, we shall store the goods at the expense and risk of the buyer. In this case, notification of readiness for shipment shall be deemed equivalent to shipment.
6. The minimum order value for shipping deliveries is 100 EURO (without VAT) in Germany, abroad
250 EURO. In the case of small deliveries for orders below minimum order value, in addition to packaging and shipping costs, pro rata processing costs amounting to 10% of the net value of the goods will be invoiced.
7. The order of custom-made products as well as orders in quantities and dimensions which are not part of our catalog require the written form by the buyer. If necessary, a down payment to be agreed upon must be made. If custom-made products are ordered in larger quantities, we may under- or over-deliver by a reasonable number of pieces (usually ±10%). Shipping packaging is always charged at cost price.
1. In the contractual relationship with fully qualified merchants and between companies, we warrant that our products are free of defects for a period of one year from the date of reaching the place of destination in accordance with 5.1 of these GTC.
2. Milling spindles and other wear parts are warranted to be free from defects for a period of 6 months. This warranty period of 6 months also applies to milling spindles that are integrated into a machine system. Accumulators and wear parts such as brake pads and brake discs are warranted to be free from defects for a period of 6 months.
3. We provide technical application advice to the best of our knowledge. However, all data and information on the suitability and application of our goods are non-binding and do not release the buyer from his own calculations, tests and trials. The buyer is responsible for compliance with legal and official regulations when using the goods. We shall only be liable for the suitability of the goods for a specific purpose if this has been expressly guaranteed in writing.
4. Subject to the following provisions and the provisions in Sections 8 and 9, we warrant for material defects as follows, to the exclusion of any further claims:
5. Claims for defects on the part of the buyer as a fully qualified merchant shall only exist if the buyer has duly complied with his duties of inspection and notification of defects owed under § 377 of the German Commercial Code (HGB). Other buyers must submit a written complaint to us within 10 days of receipt of the goods. In business transactions with non-merchants, this shall only apply insofar as obvious defects are concerned. Complaints can only be considered if the goods are still in the condition in which they were delivered.
6. In the event of justified notices of defects, we shall be entitled to withdraw from the contract or to reduce the purchase price (reduction) or to provide subsequent performance, to the exclusion of the buyer’s rights, unless we are entitled to refuse subsequent performance on the basis of statutory regulations. The buyer shall grant us a reasonable period of time for subsequent performance. Subsequent performance may be effected, at our option, by remedying the defect (subsequent improvement) or by delivery of new goods. In the event of rectification of the defect, we shall bear the necessary expenses insofar as these are not increased because the subject matter of the contract is located at a place other than the place of performance. If the subsequent performance has failed, the buyer may, at his discretion, demand a reduction of the purchase price (abatement) or declare his withdrawal from the contract. The subsequent improvement shall be deemed to have failed after the second unsuccessful attempt, unless further attempts at subsequent improvement are reasonable and acceptable to the buyer due to the subject matter of the contract. Claims for damages under the following conditions due to the defect can only be asserted by the buyer if the subsequent performance has failed. The right of the buyer to assert further claims for damages under the following conditions remains unaffected.
7. A return of the rejected goods is only permitted with our consent. Returns are to be made in original packaging or equivalent packaging. The freight costs are to be borne by the buyer. A refund will only be made in the event of a justified complaint. If the customer initiates an inspection of goods delivered by us and indicates a defect for which we would be liable, we will charge a handling fee for each unit inspected if it turns out that there is no defect.
8. The buyer’s warranty claims shall expire one year after delivery of the goods to the buyer, unless we have fraudulently concealed the defect; in this case, the statutory provisions shall apply. Our obligations under Section 6 Clause 9 and Section 6 Clause 10 shall remain unaffected.
9. In accordance with the statutory provisions, we shall be obliged to take back the new goods or to reduce the purchase price even without setting the otherwise required deadline if the buyer’s customer, as a consumer of the new movable item sold (purchase of consumer goods), was entitled to demand the return of the goods or the reduction of the purchase price due to the defect of these goods or if the buyer is subject to a similar resulting right of recourse. In this case, we shall also be obliged to reimburse the buyer for expenses, in particular transport, travel, labor and material costs, which the buyer had to bear in relation to the end consumer within the scope of subsequent performance due to a defect in the goods existing at the time of the transfer of risk from us to the buyer. The claim shall be excluded if the buyer has not properly complied with his duties of inspection and notification of defects owed under § 377 of the German Commercial Code (HGB).
10. The obligation pursuant to Section 6 Item 9 shall be excluded insofar as the defect is based on advertising statements or other contractual agreements not originating from us or if the buyer has given a special warranty to the end consumer. The obligation is also excluded if the buyer himself was not obliged to exercise the warranty rights towards the end user on the basis of the statutory regulations or did not make this notification towards a claim made to him. This shall also apply if the buyer has assumed warranties to the end consumer that go beyond the statutory scope.
11. Irrespective of the following limitations of liability, we shall be liable in accordance with the statutory provisions for damage to life, limb and health that is based on a negligent or intentional breach of duty by us, our legal representatives or our vicarious agents, as well as for damage that is covered by liability under the Product Liability Act. For damages which are not covered by sentence 1 and which are based on intentional or grossly negligent breaches of contract as well as fraudulent intent by us, our legal representatives or our vicarious agents, we shall be liable in accordance with the statutory provisions. In this case, however, the liability for damages shall be limited to the foreseeable, typically occurring damage, unless we, our legal representatives or our vicarious agents have acted intentionally. To the extent that we have given a quality and/or durability guarantee with regard to the goods or parts thereof, we shall also be liable within the scope of this guarantee. However, we shall only be liable for damage based on the lack of the guaranteed quality or durability, but which does not occur directly to the goods, if the risk of such damage is obviously covered by the quality and durability guarantee.
12. Any further liability shall be excluded, irrespective of the legal nature of the asserted claim; this shall in particular also apply to tortious claims or claims for reimbursement of futile expenses instead of performance; this shall not affect our liability pursuant to Section 4 Clause 6 to Section 4 Clause 10 of this contract. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.
13. Claims for damages by the buyer due to a defect shall become time-barred one year after delivery of the goods. This shall not apply in the event of injury to life, limb or health for which we, our legal representatives or our vicarious agents are responsible, or if we, our legal representatives have acted with intent or gross negligence, or if our ordinary vicarious agents have acted with intent.
14. Apart from that, we do not assume any warranty for damage caused by the following reasons: Unsuitable and improper use or storage, faulty assembly by the customer or third parties, unauthorized repair attempts and modifications, natural wear and tear, faulty or negligent handling, chemical influences, electrical influences, etc., over which we have no control, as well as in the event of improper use and non-observance of our operating instructions and catalog sheets. In addition, the warranty shall expire if the customer or third parties have made changes without our prior written consent and without other authorization (delay by us in rectifying the fault), in particular to controls/software, even if the fault occurs in a part that has not been changed.
15. In the event of defects of title, if the use of the delivery item leads to the infringement of industrial property rights or copyrights in Germany, we shall in principle procure the right for the customer at our expense or modify the delivery item in a manner reasonable for the customer in such a way that the infringement of property rights no longer exists. If this is not possible under economically reasonable conditions or within a reasonable period of time, the customer shall be entitled to withdraw from the contract. Under these conditions, we shall also be entitled to withdraw from the contract. In addition, we shall indemnify the customer against claims that are undisputed or have been finally determined by a court of law.
16. The aforementioned obligation of us is subject to the above liability provision for the case of infringement of property rights and copyrights subsequently. The obligation under Clause 15 shall only exist if the customer informs us without undue delay of asserted infringements of property rights and copyrights, the customer supports us to a reasonable extent in defending the asserted claims or enables us to modify them, all defensive measures including out-of-court settlements are reserved for us, is not based on an instruction from the customer and the infringement of rights was not caused by the customer modifying the delivered item on its own authority or using it in a manner not in accordance with the contract.
1. If the submission of a cost estimate is desired by the buyer before repairs are carried out, this must be expressly stated. Costs for shipping and packaging shall be borne by the buyer. The invoice amount for repairs is to be paid immediately without any deductions. Repairs, also within the scope of warranty services, shall always be carried out in our works, unless otherwise agreed in writing.
2. Returns of delivered goods are only possible after consultation and agreement with appropriate deductions. Custom-made products and software are generally excluded from return! The copy of the delivery bill or the invoice must be enclosed with all purchases or returns. The costs of the return are to be borne by the buyer and are to be made “free delivery”.
1. Unless otherwise agreed in writing, installation work shall be remunerated separately. The installation costs shall include, in particular, travel expenses, daily allowances and the usual rates for working hours and surcharges for overtime, night work, work on Sundays and public holidays, for work under difficult circumstances and for planning and supervision.
2. Maintenance work requires a separate contract, which the customer can conclude when purchasing the machine. This maintenance contract defines the services for maintenance. The maintenance contract does not include work according to paragraph 7 and does not include spare parts and other work.
3. We shall invoice the costs for preparation, travel, waiting and travel times separately. If the installation, commissioning and maintenance is delayed through no fault of our own, the customer shall bear all costs for the waiting time and for further necessary travel.
4. The customer shall provide, at his own expense, the necessary auxiliary personnel with the tools required by them in the required number. Furthermore, the customer shall provide sufficiently large, suitable, dry and lockable rooms for the storage of the machine parts, apparatus, materials, tools etc.. He shall take such measures to protect our property and the service personnel as he would take to protect his own property. If the nature of the customer’s business requires special protective clothing and protective devices for the service personnel, he shall also provide these.
5. Our service personnel and their vicarious agents are not authorized to carry out work which is not carried out in fulfillment of our obligation to deliver and install or assemble the delivery item or the maintenance contract or which is arranged by the customer or a third party without consultation with us. We shall not be liable for such work not attributable to our area of responsibility.
If the assembly or maintenance is carried out by the customer or a third party commissioned by the customer, our respectively valid operating and assembly instructions must be observed.
1. The customer shall receive a non-exclusive, non-transferable right of use, not limited in time, for software of any kind from us and the associated documentation on a specific hardware product or on a hardware product to be determined in the individual case, in return for payment. We remain the owner of the copyright and all other industrial property rights. The right to make copies is only given for the purpose of data backup. Copyright notices may not be removed.
2. We supply installation and commissioning instructions with corresponding safety instructions for your software in printed form. All other documentation is supplied only in the form of software data. With the subsequent delivery of new software releases, the corresponding necessary software data will also be sent. We are also entitled to supply the documentation by means of online help or online documentation.
3. Any transfer to third parties requires our prior written consent in any case. If software is transferred for the purpose of resale, the acceptance of this condition by third parties must be ensured. Modifications are not permitted.
4. In the event of a breach of these provisions, the buyer shall pay a contractual penalty of 10 times the order value for each breach hereunder. Further claims for damages shall remain unaffected. This contractual penalty shall be offset against any claims for damages. The customer is entitled to prove that a lesser damage or that no damage has occurred. In this case, the software and the associated documents must be returned immediately.
5. The aforementioned terms and conditions shall not apply to software developed exclusively on a customer-specific basis on the basis of specifications provided by the customer. This software developed within the framework of the contractually created complete control system, by us using modular software modules created by us for a variety of use cases (standard software modules), customer-specific composed and adapted to the contractual performance requirements (customer-specific application program).
6. Upon full payment of the purchase price for the customized application program, we shall hereafter transfer to the customer the exclusive, spatial and temporally unlimited right of use, without the customer being entitled to any rights whatsoever to the individual standard software module underlying the customized adaptation.
7. Regardless of these provisions, we shall remain entitled to create and offer customer-specific software solutions based on this development that result from other tasks of other customers. In any case, we retain a simple right of use to the customer-specific solutions for internal purposes.
8. Subject to the provisions of Section 6, we warrant that our software is properly duplicated. Our software is executable on hardware products specified by us. The warranty shall be fulfilled by replacement delivery. Apart from that, we do not guarantee that the software and its data structure are free of errors, unless otherwise agreed in writing. In the case of customer-specific software, we warrant that the software complies with the functional and performance features specified in the specifications, the order confirmation, the documentation or the jointly agreed work/process descriptions. We do not warrant that the programs are free of errors when used in all applications intended by the customer, in particular not for those that were not known to us or tested at the time of creation/acceptance.
1. Until the fulfillment of all claims, including all balance claims from current account, to which we are entitled against the buyer now or in the future, the delivered goods (reserved goods) remain our property. In the event of a breach of contract by the buyer, e.g. default of payment, we shall be entitled to take back the goods subject to retention of title after setting a reasonable period of time in advance. If we take back the reserved goods, this shall constitute a withdrawal from the contract. If we seize the reserved goods, this shall constitute a withdrawal from the contract. We are entitled to utilize the reserved goods after taking them back. After deduction of a reasonable amount for the utilization costs, the utilization proceeds are to be offset against the amounts owed to us by the buyer.
2. The buyer shall treat the reserved goods with care and insure them adequately at replacement value against fire, water and theft damage at its own expense. Maintenance and inspection work that becomes necessary must be carried out by the buyer in good time at his own expense.
3. The buyer is entitled to sell and/or use the reserved goods properly in business transactions as long as he is not in default of payment. Pledges or transfers by way of security are not permitted. The claims arising from the resale or any other legal ground (insurance, impermissible action) with regard to the reserved goods (including all balance claims from current account) are already now assigned to us by the buyer in full by way of security; we hereby accept the assignment. We revocably authorize the buyer to collect the claims assigned to us for his account in his own name. The direct debit authorization can be revoked at any time if the buyer does not properly meet his payment obligations. The buyer is also not authorized to assign this claim for the purpose of collecting the claim by way of factoring, unless the obligation of the factor to effect the counter-performance in the amount of the claims directly to us is established at the same time as long as there are still claims of us against the buyer.
4. Any processing or transformation of the reserved goods by the buyer shall in any case be carried out on our behalf. If the goods subject to retention of title are processed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the goods subject to retention of title (final invoice amount including VAT) to the other processed items at the time of processing. The same shall apply to the new item created by processing as to the reserved goods. In the event of inseparable mixing of the reserved goods with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the reserved goods (final invoice amount including VAT) to the other mixed items at the time of mixing. If the buyer’s item is to be regarded as the main item as a result of the mixing, the buyer and we agree that the buyer shall transfer co-ownership of this item to us on a pro rata basis; we hereby accept the transfer. The buyer shall hold our sole or co-ownership of an item thus created in safe custody for us.
5. In the event of access by third parties to the goods subject to retention of title, in particular seizures, the buyer shall point out our ownership and notify us immediately so that we can enforce our ownership rights. Insofar as the third party is not in a position to reimburse us for the judicial or extrajudicial costs incurred in this connection, the buyer shall be liable for these.
6. We are obligated to release the securities to which we are entitled to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%; in this context, we shall be responsible for selecting the securities to be released.
1. All legal relations between the parties shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, even if the buyer is domiciled or habitually resident abroad or the goods are delivered abroad. The same applies if the buyer later moves his habitual residence abroad or is unreachable.
2. If, contrary to the information you provided when placing your order, you do not have a place of residence in the Federal Republic of Germany, or if you transfer your place of residence abroad after conclusion of the contract, or if your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be Fulda, Germany.
3. If the customer is a merchant within the meaning of Section 1 (1) of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in Fulda shall have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship in question. In all other cases, we or the customer may bring an action before any court having jurisdiction based on statutory provisions.
4. Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract. The parties undertake to replace the invalid or void provision with a valid provision that comes as close as possible to the intended economic purpose. The same shall apply in the event of a loophole. Amendments and supplements to these General Terms and Conditions must be made in writing to be effective. The cancellation of the written form clause also requires the written form.
1. All data necessary for the processing of the business relationship will be stored and processed by the seller under consideration of the General Data Protection Regulation (GDPR).
2. This Agreement shall be executed in German and English. In the event of any discrepancies between the German version and the English version, as well as in the event of any disputes, the German version shall prevail exclusively. A translation into another language is expressly waived.