1. Scope of application / Order placement
1.1. The legal relationships between the supplier and the companies Aumann Beelen GmbH, Aumann Espelkamp GmbH, Aumann Lauchheim GmbH and Aumann Limbach-Oberfrohna GmbH (hereinafter collectively referred to as ‘Aumann’) are governed by these terms and conditions. Amendments and additions must be made in writing. Other general terms and conditions shall not apply, even if they have not been expressly rejected in individual cases.
1.2. Contracts specify the delivery item and the terms and conditions and are binding if they are issued on Aumann forms with a proper signature and are countersigned by the supplier and available at Aumann. The latter also applies to changes. The delivery item is specified by the Aumann material number listed in the contract and the documentation created for it. Quantities and delivery dates for deliveries shall only become binding once Aumann has issued delivery schedules or call-off orders, which may be sent to the supplier in text form in accordance with Section 126 b of the German Civil Code (BGB). Unless the supplier objects immediately upon receipt, the delivery schedule or call-off order shall be deemed to have been accepted by the supplier without the need for an order confirmation.
1.3. Individual orders (orders) outside the scope of contracts may be placed in writing in accordance with Section 126 b of the German Civil Code (BGB) up to a maximum order value specified by Aumann, without the requirement for a signature. If the supplier does not object to the individual order immediately upon receipt, it shall be deemed to have been accepted by the supplier without the need for an order confirmation.
1.4. The transfer of the order to third parties is not permitted without Aumann's consent.
1.5. Product changes or changes in the supplier's manufacturing process that result in changes to the specifications of the drawings or quality standards or that otherwise affect the operational safety and function of Aumann products are only permitted with the prior written consent of Aumann and will only be compensated if this has been agreed in writing in advance. The calculation of working hours shall only be recognised on the basis of working hours signed by Aumann or its agents.

2. Delivery and service dates
2.1. Delivery shall be made on the dates specified in delivery schedule call-offs, individual orders or call-off orders. Compliance with the dates is an essential contractual obligation.
2.2. The date of receipt at the Aumann plant to be supplied or the contractually agreed place of delivery shall be decisive for compliance with the deadline/time limit.
2.3. Unless delivery ‘free works’ has been agreed, the supplier shall make the goods available in good time, taking into account the usual time required for loading and dispatch, and shall notify the agreed carrier for collection.

3. Delayed delivery
If the agreed delivery date is not met due to circumstances for which the supplier is responsible, the supplier shall be obliged to compensate Aumann for the damage caused by the delay. Acceptance of the delayed delivery or service does not constitute a waiver of further claims arising from the delay. Regardless of this, Aumann must be notified of foreseeable delivery delays at an early stage.
3.1. If delivery is made earlier than agreed, Aumann may return the goods at the supplier's expense. If goods delivered prematurely are not returned, they shall be stored by Aumann at the supplier's expense and risk until the agreed delivery date. If premature deliveries are accepted, the purchase price shall be due on the agreed delivery date.
3.2. In the event of a delay in delivery, a contractual penalty of 1.0% per calendar week or part thereof, up to a maximum of 5% of the total order value of the delivery or service, shall be payable, subject to any further damages that may be claimed. In all other respects, Section 341 of the German Civil Code (BGB) shall apply.

4. Terms and conditions of payment and payment deadlines
4.1. Payment shall be made after delivery and receipt of invoice by bank transfer or cheque within 30 days with a 3% discount or within 60 days without discount. If delivery ‘FCA’ (Incoterms 2010) has been agreed, the date of loading of the goods plus the usual transport time shall be decisive for payment.
4.2. In the event of a faulty delivery, Aumann shall be entitled to withhold payment in proportion to the value until proper performance has been achieved.
4.3. In the case of ongoing deliveries, Aumann shall be entitled, even if a separate invoice is issued for each individual delivery, to combine the payments at the end of each week without losing the right to the agreed discount.
4.4. The invoice must be sent to the plant to be supplied at least 14 days before the due date. It must contain the number and date of the contract, the order, the VAT identification number for cross-border deliveries within the EU, the unloading point, the number and date of the delivery note and the quantity of the goods invoiced. The invoice may only refer to one delivery note. Aumann is entitled to offset claims of the supplier against claims of Aumann or companies affiliated with Aumann under group law. Assignments of the supplier's claim to third parties are only permitted with the written consent of Aumann. Consent will not be refused without good cause. Aumann reserves the right to make payments by cheque, bill of exchange or acceptance.
4.5. If the delivery item involves construction or work services, Section 16 VOB/B shall apply.
4.6. The supplier is not entitled to raise the defence of uncertainty pursuant to Section 321 of the German Civil Code (BGB).

5. Initial inspection, quality assurance, parts subject to documentation requirements
The quantities, dimensions, weights and quality of a delivery shall be determined by the values established by Aumann during the incoming inspection. Acceptance shall be subject to inspection for correctness and suitability and, in all other respects, in accordance with Aumann's quality regulations, in particular the ‘Quality Guidelines for Suppliers’ manual. The inspection personnel and the domestic and foreign authorities are entitled to check the quality of the material and/or the manufacturing process of the delivery items during working hours at the supplier's factory. Payment of the purchase price does not constitute acceptance of a defect-free delivery in accordance with the regulations. The supplier is obliged to comply with the state of the art, safety regulations and the technical data required for its delivery and to constantly check the quality of its products. Initial sampling shall be carried out in accordance with the VDA regulations set out in the VDA series of publications ‘Quality Control in the Automotive Industry’, Volume II ‘Supplier Evaluation and Initial Sample Inspection’. For parts marked with a ‘D’ in the technical documentation, the supplier must also keep special records of when, how and by whom the delivery items have been tested with regard to safety features and what results the required quality tests have yielded. The test documents must be kept for 10 years and handed over to Aumann at any time upon request. The supplier must impose the same obligations on upstream suppliers to the extent permitted by law.

6. Notification of defects
Aumann shall notify the supplier in writing of any defects in the delivery as soon as they are discovered in the normal course of business. In this respect, the supplier waives the right to object to late notification of defects.

7. Freight, packaging, insurance and transfer of risk
Unless otherwise agreed in writing, deliveries shall be made free at works, including packaging and freight. The risk of shipment shall be borne by the supplier.
Incoterms 2010 shall apply in all other respects.

8. Liability for defects
The supplier shall be liable for material defects and defects of title in the delivery items in accordance with the statutory provisions, unless otherwise specified below:
8.1. Material defects: In the event of delivery of defective goods, the supplier shall first be given the opportunity to remedy the defect by repair or replacement before production (processing or installation) begins, unless this is unreasonable for Aumann. If the supplier is unable to do so within a reasonable period of time set for him or if he does not comply immediately, Aumann may, in cases of particular urgency, such as imminent production stoppage, repair the delivery item itself at the supplier's expense, have this done by a third party or withdraw from the contract in this respect and return the goods at the supplier's risk. Any costs incurred as a result shall be borne by the supplier. If the same goods are repeatedly delivered in a defective condition, Aumann shall be entitled to withdraw from the contract after issuing a written warning with regard to the unfulfilled scope of delivery. Further legal claims remain unaffected. The parts to be replaced by the supplier shall be made available to Aumann immediately upon request and at the supplier's expense. Legal defects: The supplier shall be liable for ensuring that the property rights of third parties (e.g. rights to work results) are not infringed. If the use of the delivery item infringes the property rights of third parties, the supplier shall indemnify Aumann against all claims in the event of fault. Further legal claims shall remain unaffected. Upon request, the supplier shall inform Aumann of the use of published and unpublished proprietary rights and proprietary right applications of its own and those licensed to it in relation to the delivery item.
8.2. Limitation period: Claims arising from and in connection with Sections 8.1, 8.2 and 9 shall become time-barred 30 months after delivery of the end product to the end customer, but no later than 36 months after delivery to Aumann, unless a longer statutory period applies. Aumann's recourse claims against the supplier for material defects pursuant to Sections 478, 479 of the German Civil Code (BGB) remain unaffected. Aumann may also assert these claims if the end customer is not a consumer but an entrepreneur.
8.3. In all other respects, the warranty shall be governed by the statutory provisions.

9. Liability
Unless otherwise agreed, the supplier shall be obliged to compensate Aumann for any damage incurred directly or indirectly as a result of a defective delivery, a breach of official safety regulations or any other legal grounds attributable to the supplier, as follows: Unless cases of strict liability (e.g. product liability) are involved, the supplier shall only be liable if he is at fault for the damage caused. If claims are made against Aumann on the basis of strict liability by third parties whose rights are non-waivable, the supplier shall indemnify Aumann internally for as long and to the extent that it would also be directly liable. Section 254 of the German Civil Code (BGB) shall apply accordingly. The supplier shall be liable for measures taken by Aumann to prevent damage (e.g. special inspections, recalls) insofar as the damage underlying these measures is attributable to the supplier. The supplier shall be given the opportunity to investigate the damage. The supplier shall be responsible for compliance with accident prevention regulations and safety recommendations issued by professional associations, trade supervisory authorities and similar bodies.

10. Production equipment / Material orders / Parts developed by Aumann
Production resources such as models, samples, dies, tools, gauges, drawings and the like, which have been provided to the supplier by Aumann or manufactured by the supplier according to Aumann's specifications and at Aumann's expense, as well as materials and aids provided free of charge to the supplier for processing or treatment within the scope of an order, shall remain the property of Aumann and may not be passed on to third parties in any way or otherwise made available for use or used for third parties without written consent, even after the end of the contract. Furthermore, these production resources must be made available to Aumann free of charge and in perfect condition after the end of the contract. Production resources paid for proportionately by Aumann may be taken over by Aumann at the end of the delivery at the current value of the supplier's share. Delivery items that have been developed by Aumann (e.g. manufactured according to Aumann specifications or drawings) and/or bear the Aumann trademark and/or the Aumann part number may only be sold by the supplier to Aumann. Direct deliveries to third parties are strictly prohibited. The supplier further undertakes not to offer such parts in catalogues or other advertising or sales documents. In the event of a breach of the above obligations on the part of the supplier, Aumann shall be entitled to withdraw from the contract and demand the surrender of the benefits obtained from the breach of contract or compensation for the damage incurred. The supplier shall store the material for Aumann with the care of a prudent businessman and is obliged to inform Aumann immediately if seizures or other security measures could affect Aumann's property. If there are any deviations in the production equipment provided, e.g. between the sample and the drawing, Aumann is obliged to point out the deviations before starting production. If the supplier itself performs development services within the scope of an order, these are included in the purchase price and become the exclusive property and right of use of Aumann.

11. Confidentiality and data protection
The contracting parties undertake to treat all non-public commercial and technical details that become known to them through the business relationship as trade secrets. Drawings and models, templates and samples, as well as similar items, may not be disclosed or made accessible to third parties. The supplier may not use the fact of the business relationship for advertising or public relations purposes without Aumann's consent. Subcontractors shall be bound by this provision. Aumann is entitled to process personal data received in the course of the business relationship in accordance with the Federal Data Protection Act.

12. Foreign workers, compliance
If Aumann becomes aware of serious violations of occupational health and safety regulations, Aumann shall be entitled to withdraw from the contract if the supplier does not immediately remedy the reported violations. Aumann shall also be authorised to order the supplier's personnel to cease work immediately. In this case, any delays and consequential damages shall be borne by the supplier. The same applies if the supplier or its vicarious agents or other persons attributable to it commit a competition offence, a property offence, a bribery offence or a comparable criminal offence in relation to persons working for or commissioned by Aumann or the Aumann Group, or if there is reasonable suspicion of such an offence.

13. Minimum Wage Act
The contractor guarantees Aumann that it will comply with the provisions of the German Minimum Wage Act and monitor compliance by its subcontractors. The Minimum Wage Act applies to all employment of workers within Germany, i.e. also to domestic assembly work carried out by foreign contractors and the employment of foreign workers in Germany. If Aumann is held jointly liable for non-compliance with the Minimum Wage Act by the contractor or its subcontractors, Aumann shall be indemnified by the contractor upon first request. Aumann may demand proof of compliance with the minimum wage regulations and the associated documentation and reporting obligations. Aumann may also demand that subcontractors who appear to be unreliable are no longer employed. Further claims and the right to terminate the contract without notice remain unaffected by this.

14. Force majeure
Force majeure, labour disputes and other unforeseeable, unavoidable or serious events shall release the contracting parties from their performance obligations for the duration of the disruption and to the extent of its effect. This shall also apply if these events occur at a time when the contracting party concerned is in default. The contracting parties are obliged to provide the necessary information without delay, within reasonable limits, and to adapt their obligations to the changed circumstances in good faith.

15. Spare parts procurement obligation
The supplier undertakes to fulfil orders for spare parts and wear parts for at least 10 years after the last delivery. The provisions of Section 8, ‘Regulated liability for defects,’ apply to spare parts.

16. Place of performance and applicable law
The place of performance is the respective registered office of the plant to be supplied and the registered office of the end customer. The place of jurisdiction is Bielefeld. However, Aumann is also entitled to bring proceedings before the courts at the supplier's registered office. The law of the Federal Republic of Germany applies. The application of the conflict of laws provisions of German international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) of April 11, 1980, is excluded.

General terms and conditions of purchase for planning/consulting and construction services. The international sale of goods (UN Sales Convention) is excluded.

Aumann Beelen GmbH,

Aumann Espelkamp GmbH,

Aumann Lauchheim GmbH,

Aumann Limbach-Oberfrohna GmbH

(Stand: November 2023)

 

 

Download PDF (As of: November 2023)

Download PDF (Stand: Januar 2018)

1. Validity of the contractual terms and conditions
These terms and conditions supplement the general purchasing conditions of Aumann Beelen GmbH, Aumann Espelkamp GmbH, Aumann Lauchheim GmbH, and Aumann Limbach-Oberfrohna GmbH. They apply to planning, consulting, and construction services, excluding construction projects.
The contract components are – if applicable and not otherwise agreed – in the following order:

1.1.1. the order letter of the Aumann Group

1.1.2. the minutes of the negotiations in their chronological order, i.e. the most recent has priority

1.1.3. the general purchasing conditions of the Aumann Group

1.1.4. these Terms and Conditions of Purchase

1.1.5. all applicable operating equipment regulations of the Aumann Group and the end customer including performance descriptions/specifications

1.1.6. the relevant generally accepted rules of technology, in particular the relevant DIN standards.

2. Provisions for the provision of services
The contractual partner is obligated to fulfill all necessary and appropriate services, tasks, and obligations required to achieve the planning/consulting objective defined in the order. The services, tasks, and obligations owed by the contractual partner therefore also include all activities not listed in the order that are or will be required within the contractual partner's area of ​​responsibility specified in the order to achieve the planning/consulting objective defined in the order. If it becomes apparent that the cost limit stated in the order or the implementation costs determined or agreed upon with the Aumann Group cannot (or cannot be) met while continuing to pursue the previous planning or based on the results of one or more offers obtained, the contractual partner must immediately notify the Aumann Group in writing of the reasons for the deviation, inform the Aumann Group in writing of the effects, and outline all possible alternative courses of action (particularly potential savings). The contractual partner is also obligated to immediately notify the Aumann Group in writing of all matters relevant to the performance of its tasks. This obligation does not expire upon termination of the contract. Should regulations be revised or should any ambiguities regarding the generally accepted rules of technology exist that could impact the success of the agreed planning/consulting services, the contractual partner is obligated to inform the Aumann Group of this immediately in writing. The right to engage additional planners/consultants remains reserved. The contractual partner must inform the Aumann Group in a timely manner of the need to engage additional planners/consultants and, at the Aumann Group's request, advise the Aumann Group on the selection. To the extent the Aumann Group has delegated the coordination of third-party planning/consulting services to the contractual partner, the contractual partner must coordinate these third-party services in such a way that they fit into the planning/consulting services owed to the contractual partner. The contracting partner must coordinate its services with the Aumann Group and the other technical participants prior to their final development and review the contributions of the other technical participants in the planning (documents and plans) for accuracy and plausibility, taking their concerns and conditions into account before using them as the basis for its own services and integrating them into its own services. The contracting partner is obligated to attend meetings scheduled by the Aumann Group, other planning/consulting participants, or the commissioned specialist firms. The contracting partner must incorporate or incorporate the results into its planning/consulting services, while observing its other service obligations. The contracting partner must inform the Aumann Group of meetings scheduled by other project participants and, at the Aumann Group's request, prepare minutes of these meetings in a length appropriate to the content of the meeting and submit them to the Aumann Group immediately. The contractual partner is not released from its responsibility for review, control, coordination, and monitoring if one of the other planning/consulting participants or another professionally involved is also obligated to review, coordinate, or monitor within the scope of its services to the Aumann Group. The contractual partner must exclusively observe the instructions and directives of the Aumann Group and implement them in its performance of its services. Other project participants or persons acting as representatives of the Aumann Group are only authorized to issue instructions to the contractual partner with the express prior consent or authorization of the Aumann Group. This also applies to any external project manager appointed by the Aumann Group. If the contractual partner has concerns about the specifications of the Aumann Group or other participants, it must report them immediately and submit suggestions for remediation. If it fails to do so, it cannot invoke the incorrectness of such specifications. The contractual partner may not legally represent the Aumann Group. However, the contractor is authorized to issue instructions on his own responsibility that are necessary for the contractual execution of the commissioned manufacturing and delivery services and to ensure a flawless project process, and that do not have any negative impact on the quality, timing, or finances of the Aumann Group. This also applies to declarations for the Aumann Group that are materially relevant for the performance of the contract for the coordination and support of the manufacturing and delivery services.

3. Dates and deadlines
Unless otherwise agreed between the parties, the contractual partner must fulfill the planning/consulting services owed by it on the basis of a schedule to be agreed upon, in particular to begin, promote, and complete its services promptly enough for the Aumann Group to use them for the rapid progress of the planning/consulting and production process. The contractual partner must prepare a planning/consulting schedule in the form of a bar chart and submit it to the Aumann Group no later than two weeks after receipt of the order. This schedule must show all verifiable planning/consulting steps and the completion of the individual services and deliveries required until completion of the production measure. A planning/consulting schedule must be agreed upon with the Aumann Group on this basis, which then becomes an integral part of the order. If the contractual partner fails to fulfill this obligation, the Aumann Group is entitled to set planning/consulting dates at its reasonable discretion, the expiration of which will trigger the due date of the respective scheduled planning/consulting service. The dates resulting from the bar chart are considered contractual interim dates. If delays occur, the schedule must be updated in consultation with the Aumann Group, and the process accelerated as far as possible. Any liability claims resulting from the delay remain unaffected. Irrespective of this, the contractual partner must in all cases prepare/provide the planning/consulting contributions required for the manufacturing services and deliveries in a timely manner so that the manufacturing/delivery process agreed upon with the executing companies is not hindered. Furthermore, the details of the tender, including planning specifications, necessary for preparing the award of manufacturing/delivery services must be prepared in a complete and timely manner so that the most clear and comprehensive service descriptions for the manufacturing/delivery services can be drawn up. Further binding dates that trigger the due date of the services will be agreed upon during project processing on the basis of the schedule agreed between the contracting parties or will be determined by the Aumann Group at its reasonable discretion based on the agreed schedule. The contractual partner is obligated to provide all other planning/consulting services and the services required for the execution of the required manufacturing/delivery services in a timely manner so that the completion date agreed between the Aumann Group and the companies performing the manufacturing/delivery services (this may also include the Aumann Group itself), as well as the other project participants, is not jeopardized or delayed for reasons that are (also) within the contractual partner's sphere of influence or responsibility. The contractual partner is obligated to document the handover of the documents it has prepared and other contributions to other project participants in a timely manner, in particular to maintain a list of incoming and outgoing data that shows the respective processing status and any distribution of the plans. The contractual partner is obligated to make all documents and information subject to review available to the responsible project participants, in particular the authorities, in a timely manner so that the respective review of the documents can be carried out without delay and on time.

4. Changes and additional services
The contractual partner is obligated to accept and perform any additional services requested by the Aumann Group, unless the services are not related to the previously commissioned services and the contractual partner is not qualified to do so. In this case, the transfer of services requires the contractual partner's consent. Additional services not included in the order must be notified to the Aumann Group in writing prior to their execution, along with reasons why these services are not included in the agreed scope of services. This does not apply if the Aumann Group expressly orders the performance of an additional service. The contractual partner is entitled to additional remuneration if the Aumann Group orders or confirms the performance of these services in writing with knowledge of the notification. The contractual partner is only entitled to a right of retention for the required or requested additional or modified service if the Aumann Group conclusively refuses to acknowledge legitimate additional remuneration claims.
The Aumann Group is not obligated to compensate the contractual partner for services rendered without a contractual obligation. However, the contractual partner is entitled to compensation if the Aumann Group subsequently acknowledges the services. Any statutory claims of the contractual partner arising from unauthorized management remain unaffected. The Aumann Group may reduce services; in this case, the claim exists only for compensation for services already rendered.

5. Acceptance
Unless otherwise agreed, the Aumann Group must accept the services provided by the contractual partner that contain a verifiable result (success) and represent the service owed by the contractual partner as a whole, provided that the services have been provided completely, in accordance with the contract, and free of defects, and the contractual partner has notified the contract partner of completion in writing. The Aumann Group is entitled but not obligated to request interim acceptance of partial services. The declaration of acceptance must be submitted in writing for evidentiary purposes. Minor defects or insignificant incompleteness, in particular those that only insignificantly impair the contractually agreed or assumed use or that only insignificantly fall short of the agreed or assumed quality or the Aumann Group's quality expectations, do not preclude readiness for acceptance and acceptance. The effects of acceptance take effect when the Aumann Group has declared acceptance in writing. The same applies if the Aumann Group does not declare or refuses acceptance, although the contractual partner's services have been provided essentially completely, in accordance with the contract, and free of defects. In this case, the contractual partner may notify the Aumann Group in writing and request the acceptance declaration again, setting a deadline. The expiry of this deadline shall be deemed the date of acceptance.

6. Release of documents / right of retention
The original documents (drawings, plans, etc.) prepared by the contractual partner for the fulfillment of the order must be handed over to the Aumann Group in a clear and complete format, or, at the request of the Aumann Group, in other electronic media or on data storage devices. The contractual partner must return its documents to the Aumann Group when it no longer requires them to perform its duties, but no later than and without request upon acceptance of the contractual partner's services. The contractual partner is entitled to destroy the documents it has created in connection with the fulfillment of the order after the expiration of the limitation period for claims for defects. However, the contractual partner must first offer to hand over these documents to the Aumann Group and notify the Aumann Group of the intended destruction. The documents may only be destroyed if the Aumann Group is in default of acceptance. The contractual partner's right of retention to the planning and other documents or services it has created that are necessary for the performance of the manufacturing/delivery services is excluded in any case. The contractual partner is obliged to make advance payments until the services owed have been completed.

7. Minimum Wage Act
The contractor is responsible for complying with the provisions of the German Minimum Wage Act and monitoring its subcontractors' compliance. The Minimum Wage Act applies to all employment of workers within Germany, including, for example, domestic assembly work by foreign contractors and the employment of foreign workers in Germany. If the Aumann Group is held jointly liable for non-compliance with the Minimum Wage Act by the contractor or its subcontractors, the Aumann Group must be indemnified by the contractor upon first request. Aumann may demand proof of compliance with the minimum wage regulations and the associated documentation and reporting obligations. Aumann may also demand that subcontractors deemed unreliable be discontinued. Further claims and the right to terminate the contract without notice remain unaffected.

8. Intellectual property rights and know-how
The contracting party grants the Aumann Group, free of charge, the right to permanently use the intellectual property rights and know-how that the contracting party uses in fulfilling the contract, within the scope of utilizing the agreed work results. All documents, drawings, and programs created by the contracting party in connection with the provision of services for the project are subject to the unrestricted ownership and right of disposal of the Aumann Group, without any additional remuneration. The Aumann Group is entitled to manufacture, or have third parties manufacture, spare and wear parts for the project's systems and to carry out repairs using the documentation provided by the contracting party. The contracting party transfers to the Aumann Group the exclusive and transferable rights of use and exploitation of all copyrighted or otherwise protected services in connection with the implementation of the contract. Furthermore, the contractual partner assures that it is not aware of any circumstances, in particular no third-party intellectual property rights, that make it difficult or inadmissible to manufacture the items and processes necessary for the fulfillment of the contract, and that no claims for infringement of industrial property rights have been or can be asserted against it. The contractual partner indemnifies the Aumann Group against all third-party claims for the infringement of intellectual property rights that arise as a result of the contractual partner's breach of the obligations under clauses 7.1 and 7.2. Notwithstanding the provisions in clauses 7.1 to 7.3, the contractual partner is obligated to immediately inform the Aumann Group of all intellectual property rights that could conflict with the use of the contractual partner's work results. The contracting party is further obligated to inform the Aumann Group of all inventions created by it and/or its subcontractors/subsuppliers in connection with the execution of the contract, to submit all documents necessary for the exploitation of the inventions, and to provide all information regarding the inventions requested by the Aumann Group. The contracting party's obligation to inform also extends to its know-how created in connection with the execution of the contract. The contracting party shall ensure that the inventor's rights are asserted against its employees and/or independent persons and transferred to the Aumann Group. The Aumann Group may then register the invention itself for the creation of an intellectual property right both domestically and abroad and shall bear the associated costs. Each party shall bear the employee inventor remuneration for its employees within the framework of the statutory provisions. Should the contracting party wish to use the inventions, intellectual property rights, etc. for deliveries and/or services to third parties, the contracting parties shall agree on the details, in particular on an appropriate license fee. The contracting party is obligated to enter into timely agreements with all its employees, subcontractors/subsuppliers, and other vicarious agents employed in the performance of the contract, by which they acknowledge the above agreements as binding. Notwithstanding the provisions of the above sections 7.1–7.5, the contracting party undertakes not to challenge any intellectual property rights arising from the work and registered by the Aumann Group, either through an action for invalidity or through an objection, or to assist third parties in challenging these intellectual property rights.