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Perfect Welding

Ergonomic welding—a contradiction in terms?

Product

13/09/2023
Whenever series production is not a consideration, welding is frequently carried out by hand. Welders often work in positions that strain the joints and muscles, for example when welding while forced to adopt awkward postures. This results in complaints such as sprains of the lower back or arms, which not only affect the health of welding professionals, but also come at the expense of the company’s productivity. Companies are therefore increasingly focusing on ergonomics during welding.

What is meant by ergonomics?

Ergonomics has several meanings, one of which is quite literal: the term is derived from the Greek words “ergon” and “nomos”. “Ergon” means work and “nomos” translates as law. The word ergonomics can therefore be translated as “law of work”. Another significant (and practical) definition of the term “ergonomics” is the mutual adaptation of people and their working conditions. Ergonomists try to design the workplace in such a way that it does not impair the physical or mental health of workers. 

The same applies to welding workplaces. “These should be designed to meet the physical requirements of welders and enable predominantly focused work that does not cause fatigue,” emphasizes Peter Fronius, Head of Strategic Product Management Professional Welding Tools. “For example, by taking the height or arm reach of the welders into account. If workplaces do not satisfy ergonomic standards, the likelihood of sickness, injury, and absence through illness increases.” Of course, ergonomic risk factors cannot be eliminated every time and everywhere. This is the case for out-of-position welding, for example, whereby the aim must be to limit the time that the individual spends in the situation insofar as possible.

Risk factors when welding

Most causes of injury are not restricted to specific industries, but result from the movement and behavior patterns of welders. Typical here are repeatedly stretching the body, twisting the spine, being supported by or kneeling on hard surfaces, maintaining the same posture over a longer period of time, or a lack of rest. If such risk factors occur repeatedly (individually or in combination) they can lead to work-related musculoskeletal disorders (MSDs), in other words injuries and diseases that affect muscles, nerves, tendons, ligaments, joints, intervertebral discs, skin, subcutaneous tissue, blood vessels, or bones. In addition to the causes previously mentioned, unfavorable environmental conditions such as extreme temperatures can also contribute to the development of MSDs, while personal risk factors such as physical condition, pre-existing illnesses, or age also come into play.

Work-related musculoskeletal disorders in welders

These disorders usually develop as a result of micro-traumas acting on the body over time and causing conditions such as lumbar slipped discs—the most common herniated discs due to the overall weight of the spine sitting most heavily on the two lower discs. These intervertebral discs consist of flexible, annular cartilage that contains semi-liquid gel. If a welder repeatedly lifts heavy components while adopting an unfavorable posture, this cartilage can degrade and tear over time. This results in the intervertebral disc bulging, pressing on a spinal nerve, and causing severe pain. 

The most common musculoskeletal disorders include back injuries, bursitis, inflammation of the tendon and tendon sheath, carpal tunnel syndrome, and thoracic outlet syndrome. This disorder, which can occur due to compression of nerves, arteries, or large veins in the neck and chest area, is very painful and can be caused by frequent overhead welding.

Ergonomics and welding are not contradictory

Time and again, welders are forced to adopt unfavorable postures for a variety of tasks—frequently over long periods of time. It is often easier for the welder to move around large, heavy components themselves than to move the component into the optimum welding position. Is it therefore paradoxical to talk about ergonomics and welding in the same sentence? Absolutely not. Because despite all the hindrances, there are plenty of ways in which welding companies can design workplaces and work equipment ergonomically. Effort that is generally rewarded by a healthier workforce, better morale, higher productivity, and enhanced product quality. For example, height-adjustable welding tables and stools are tried and tested means of adapting the welding height to the physical requirements of welders.  

Ideal for long seams: welding carriages

“Rather than welding meters of welds by hand in the overhead position, rail-guided welding carriages can often be used. The same applies to longitudinal seams and circumferential welds of large dimensions, which can be joined either with rail-guided carriages or with magnetic welding carriages. If mechanized systems like these are used, professional welders essentially only have to operate the remote control, while standing upright and with no physical exertion required,” explains Christian Neuhofer, Product Manager Fronius Welding Automation.

The compact Fronius FlexTrack 45 Pro can be used in a wide range of applications. Three different rail types are available to suit different requirements. In industries where surface geometries vary, such as shipbuilding or container construction, FlexTrack 45 Pro welding carriages are perfect for all-round use.

Link: FlexTrack 45 Pro (fronius.com)

Welding 24/7 without physical effort 

Nowadays, cobot welding cells mean that the automated welding even of small batch sizes is cost-effective. Thanks to its enormous flexibility for joining different components, the compact CWC-S from Fronius is the ideal tool for this. “It is easy to use, even without programming knowledge, and there is no physical effort required,” Neuhofer continues: “Your software remembers the welding sequences of the individual components, which are mounted either on a welding table or turn-tilt positioner. The components are welded fully autonomously in a protective cabin with an automatically closing and opening glare protection screen, which protects the welder from arc radiation—around the clock if necessary. If desired, the CWC-S can also be equipped with a fume extraction system.”

Link: CWC-S COBOT welding cell (fronius.com)

Heavy components should be lifted while fastened to lifting aids, such as indoor cranes, in order to protect the muscles and spine. This rule essentially applies to all lifting activities related to welding, because overloading the musculoskeletal system not only endangers health in the long term, but can also result in instant injuries such as lumbar syndrome, also commonly referred to as lumbago. 

Orbital welding systems relieve the spine

Pipelines that are often used in the food industry or in power plant construction are produced using orbital welding, whereby the welding torch is guided around the pipe. They often have to be joined at unfavorable heights and positions, which can have an adverse effect on the welder’s back. Orbital systems, such as the open and closed welding heads from Fronius, provide a solution. If the pipe to be joined is clamped, the welding torch automatically moves around the component and welds the seam with consistently high quality. 

Link: Orbital welding systems

Ergonomics at Fronius 

The products of the Austrian technology pioneer have made a name for themselves not only for their technological finesse, but also for their user-friendliness. All welding torches, for example, are characterized by their low weight, comfortable handles, and user interfaces adapted to the tasks at hand. The ergonomic handles with non-slip components fit comfortably in the hand during welding and allow for safe and simple welding torch guidance, with ball joints facilitating optimum torch adjustment. Furthermore, the weight distribution of all torch components is well balanced, which promotes fatigue-free welding. With options such as a pistol grip, button extension, and heat shield available, our welding torches can be adapted to the personal use and safety needs of the welder. 

Link: Fronius power sources and welding systems

Fronius also keeps usability in mind at all times when it comes to welding systems. In all compact systems, for example, the wirefeeder is integrated directly into the welding system housing, making them easier to use, especially when it comes to manual welding tasks.

Modularity combined with personal configuration and intuitive operating procedures are the keywords that we always focus on with our welding systems. The easier they are to use, the better professional welders can concentrate on the welding task at hand and keep their risk of injury low. Examples here include the systems in the TPS/i, TransSteel, and iWave series, whose touch-sensitive displays and dials are not only intuitive, but also easy to operate while wearing welding gloves. 

Of course, the worker’s muscles and spine must also be protected, which is why Fronius welding systems have customized transport trolleys that accommodate the welding system, cooling unit, wirefeeder, and gas cylinder. Easy to move around, they are better pushed than pulled, because constant pulling has a negative effect on the skeletal muscles.

Learning to weld without risking injury

With the Fronius Welducation Simulator, trainees can familiarize themselves with welding without any risk of injury. They create different welds without putting themselves at risk due to arc radiation and welding fume, using ergonomically shaped welding torches and while adopting different welding positions, including out-of-position welding postures. The components used for the different simulations are not only handy, they are also made of lightweight plastic, which protects the muscles and spine of future welding experts.

In summing up, there are many ways in which to make the working environment of professional welders as safe and ergonomic as possible, and in doing so positively influence the working conditions and motivation of employees. This in turn enhances not only cost effectiveness for the company but also public perception.

Link: Welducation Simulator (fronius.com)

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5.2 Delivery or performance periods are extended for the duration of any unforeseen impediments lying outside our control, such as, but not limited to, stoppages, major personnel outages, unlawful strikes, delays in supplies of essential raw materials or components or the like, as well as by circumstances where risk is borne by the Ordering Party, to the extent that these impediments and/or circumstances are of material relevance to the failure to meet the deadline. Impediments and/or circumstances of this nature also prevent a default arising for which we would otherwise be liable, for the duration of such impediments and no contractual remedies for which we would otherwise be liable will apply. Immediate notification is to be given of the beginning and end of such impediments. We are entitled to terminate the contract, in whole or in part, if such impediments should occur. In the event of termination under this 5.2, and subject to 9, we exclude all liability of any kind whatsoever except to the extent the Ordering Party proves gross negligence on our part.

5.3 If agreed delivery or performance deadlines, or deadlines that have been extended in accordance with 5.2 above, are exceeded by more than four weeks, the Ordering Party shall be entitled to terminate the contract, having granted us at least 14 days’ extra time by notice given to us in a registered letter. In the event of termination under this 5.3, and subject to 9, we exclude all liability of any kind whatsoever except to the extent the Ordering Party proves gross negligence on our part.

5.4 If the Ordering Party incurs a loss from a delay for which we are liable, then it shall be entitled to compensation amounting to 0.5% per whole week - up to a maximum of 5% - of the value of that part of the delivery which cannot be used in time or for its intended purpose as a result of the delay. For services, the compensation shall be 5% of the remuneration. The compensation payments detailed in this 5.4 shall be the Ordering Party’s sole and exclusive remedy in the event of such delay, and subject to 9, we exclude all other liability of any kind whatsoever except to the extent the Ordering Party proves gross negligence on our part. For the avoidance of doubt, subject to 9, we shall not be liable for any delays caused by our suppliers for which we are not responsible.

5.5 In cases where we have undertaken to effect shipping, the mode and route of shipping shall be for us to decide. Goods are always shipped at the Ordering Party’s risk and expense. Subject to 9, we exclude all liability of any kind whatsoever in relation to such shipping except to the extent the Ordering Party proves gross negligence on our part. We shall only take out transport / breakage insurance by order and for the account of the Ordering Party.

5.6 We are entitled to effect part-deliveries.

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5.8 If shipping is delayed due to circumstances where risk is borne by the Ordering Party, then this latter shall bear all resulting additional costs, such as those for storage at our factory, but with a minimum monthly charge of 0.5% of the invoice amount. In such a case we shall also be entitled to grant the Ordering Party a grace period of at most 14 days, and if this period should expire to no avail, we shall then be entitled, at our own discretion, either to make alternative arrangements regarding the article(s) to be delivered and to effect delivery to the Ordering Party within a suitably extended period of time, or to terminate the contract and claim damages for breach of contract. In this latter case, we are entitled, without having to furnish any particular proof, to require up to 10% of the remuneration for the intended delivery as liquidated damages (as is reasonable in all the circumstances). Where appropriately substantiated, we can also claim compensation for any damage suffered by us over and above this amount.

5.9 Goods ordered on call, or for production with no shipping instructions, must be taken delivery of within three months. If this time limit elapses unused, then the goods will be treated as subject to a shipping delay due to circumstances where risk is borne by the Ordering Party and 5.8 shall apply.

5.10 For services performed under contracts for work and materials (4.7), the Ordering Party is to provide us with the necessary equipment and auxiliary materials (e.g. winches, rails, electricity etc.) in good time and at no charge, even if installation is included in the price (4.1) or if a flatrate price has been agreed for this. Any works needing to be carried out by the Ordering Party preparatory to installation, e.g. building work, must be completed prior to the arrival of our installation technicians. Furthermore, the Ordering Party must take all safety precautions needed for the protection of persons and property. Subject to 9.4, we shall not accept liability for the ancillary personnel, equipment and auxiliary materials which may be placed at our disposal unless gross negligence is proven on our part.

6. PASSAGE OF RISK

6.1 Unless otherwise stated, risk shall pass to the Ordering Party as soon as the articles to be delivered, or the articles on which we have performed maintenance, repair or other work, have left our factory. The same shall also apply to part-deliveries or in cases where we have under-taken to bear the shipping charges or to perform delivery, setting-up, assembly, installation or other similar services. If the maintenance, repair or other work is carried out on the premises of the Ordering Party, then risk shall pass in the case of the latter as soon as the Ordering Party has received notification that the work in question has been completed.

6.2 If there is any delay in dispatching or delivering the shipment for reasons for which we are not responsible, the risk shall pass to the Ordering Party as soon as it has been notified that the consignment is ready for delivery.

7. RETENTION OF TITLE; RESCISSION

7.1 We shall retain title to the article(s) delivered until the following have been settled in full:

(a) payment of the purchase-price for the relevant articles, and

(b) all other claims that we have – on whatever legal grounds – against the Ordering Party.

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(a) the Ordering Party shall store the article(s) in such manner as to show clearly they are our property, and not do any other thing that is inconsistent with identifying the article(s) as our property;

(b) the Ordering Party must notify us immediately of any seizure of the article(s), or any other infringement of our interests as the owner of the article(s); and

(c) we shall be entitled to trace the proceeds of any sale, transfer, assignment, charge, pledge, let, hire or other grant of any interest in the article(s) to a third party, and such proceeds will be deemed to be held on trust for us.

7.3 If the Ordering Party should act contrary to the terms of these Terms of Delivery and Payment – in particular by being in arrears with payment or with any other contractual obligation, and/or by being insolvent – we shall be entitled, at our own discretion, either to terminate the relevant order(s) without granting any grace period or, while leaving the relevant order(s) in force, to take back the article(s) delivered or to forbid it to be used. We shall also be entitled to sell the taken-back article(s) in the open market; after deduction of a handling fee of 10% of the proceeds thus realised (or such lesser amount determined by us as is reasonable in the circumstances), the remainder will be debited from the total of our outstanding claims against the Ordering Party. In the event of our terminating the order(s), we shall charge the Ordering Party a usage fee of 5% of the original value of the article (or such lesser amount determined by us as is reasonable in the circumstances), unless the actual diminution in its value is even greater. 

8. WARRANTY

8.1 We give no warranty for ordinary deviations in size, weight or quality (or as tolerated by ÖNORM, EN or DIN standards or other applicable standards), and also no warranty for informmation given regarding the suitability of the article(s) to be delivered for the purpose contem-plated by the Ordering Party, or for any other particular purpose.

8.2 We warrant the correctness of our processing instructions, user/operating manuals and customer advisory service. We do not warrant compliance with statutory or other regulations when using the articles delivered, and the testing of these articles for the purpose envisaged, shall remain the sole responsibility of the Ordering Party. We shall only be liable for any instructions differing from our written processing instructions and user/operating manuals if we expressively previously confirmed these deviations to the Ordering Party in writing, either by letter, telefax or e-mail. 

8.3 Articles or services supplied must be inspected by the Ordering Party immediately after delivery has been taken of them. Any defects must be reported to us during the warranty period and promptly upon being discovered, in a written notice sent by letter, telefax or e-mail quoting the number and date of the order confirmation note, of the delivery note or of the invoice, and the serial and commission numbers and such details as are reasonably necessary to identify the defect. If the Ordering Party omits to make this prompt notification, it may no longer assert any warranty claims or claims for compensatory damages on account either of the defect itself or of any misapprehension as to whether the delivery or service was free of defects. Any costs which we incur as a result of unjustified notices or notices that are otherwise at variance with the conditions of use are to be refunded to us by the Ordering Party.

8.4 In the case of corrective and preventive maintenance work, our warranty shall be limited to the services actually rendered. We shall only warrant correct functioning of an installation, machine, Software or the like whose components were not all supplied by ourselves if we provable have undertaken – despite the provision of certain components by the Ordering Party or by third parties – to manufacture the installation (or machine etc.) as a whole, and if the faulty functioning in question is not attributable to incorrect or incomplete information from the Ordering Party. 

8.5 Unless otherwise agreed, the warranty period for all warranted articles or services shall be 24 months. From the beginning of the 13th month of this period, however, our warranty shall be limited to making available, free of charge, the items needed for remedying the defects; from this time onwards, any warranty claims going beyond the above shall not be permitted. This period limitation also applies to the supply of items deemed to be immovable and to work on items which are, or are deemed to be, immovable. The warranty period for goods shall start to elapse upon the passage of risk in accordance with Point 6 and, for services shall start to elapse from the completion of the provision of the services. The Ordering Party must always prove that defects coming to light during the warranty period were already present at the time of the passage of risk or completion of services (as relevant). 

8.6 In cases where there is a breach of warranty, we shall – at our own discretion and within a reasonable period of at least 4 weeks’ duration – either exchange the defective article itself, or its defective components, for a defect-free article or defect-free components, or remedy the defect(s), or grant the Ordering Party a reasonable reduction in price, or (unless the defect in question is a minor one) terminate the order. The warranty period is not prolonged by the exchange of the item or of parts or components belonging to the item. If, however, the remainder of the warranty period – including that part of the period during which our warranty is limited to free provision of the requisite materials in accordance with Point 8.5. – lasts for less than twelve months, then the warranty period for the exchanged items, parts or components shall be extended to twelve months. The items, parts or components thus exchanged shall become our property. We shall not refund the costs for any actual or attempted remedying of a defect by the Ordering Party or by any third party. 

8.7 To the extent that is necessary and may reasonably be expected of the Ordering Party, the object of delivery or performance, or the defective part(s) thereof, are to be dispatched or shipped to us immediately at our request, at the Ordering Party’s risk and expense, failing which any and all warranty obligation on our part shall become void.

8.8 The Ordering Party is not entitled to withhold payments on account of warranty claims or other counterclaims not recognised by ourselves.

8.9 Warranty claims from the Ordering Party are excluded in cases where the installation, user and operating manuals provided by ourselves, or to be requested from us by the Ordering Party, have not been observed, or where the user has not fully observed such instructions; if the installation work has not been performed properly and in accordance with the relevant Standards, and in particular if was not carried out by licensed contractors; if any corrective maintenance or other work has been performed on the object of delivery or performance without our consent; if it has been improperly operated or used, or operated despite its protective features being faulty, or taken out of the contract territory without our consent, or used contrary to our instructions or for purposes for which it is not intended; and, moreover, where defects are attributable to foreign object damage, chemical influences, overvoltage, the conduct of third parties or to force majeure; the same applies in respect of natural wear-and-tear. 8.10 Our warranty is also excluded in cases where we have been contracted to carry out repair-orders, to alter or modify used items, or to supply such items.

8.11. Finally all warranty claims shall be excluded if the Ordering Party installs third-party components or replacement parts in our delivery items or services provided by us which have not been expressly recommended by us prior thereto.

8.12. In addition to the rights of the Ordering Party in accordance with Point 8.6. regarding the delivery of inverters for photovoltaic systems the guarantee in accordance with the guarantee conditions of Fronius shall apply, available at www.fronius.com/solar/garantie.

9. DAMAGES

9.1 We shall only be liable for damage suffered by the Ordering Party, of whatever kind, to the extent that the Ordering Party proves that we ourselves brought about this damage either knowingly and wilfully or grossly negligently. If the Ordering Party proves that we have caused damage in an ordinarily negligent manner, our liability shall be limited to the direct damage actually incurred by the Ordering Party, and, moreover, to a maximum overall amount not exceeding the total order value. Furthermore, claims of this type may only be enforced if made by the Ordering Party within six months of the damage in question becoming known.

9.2 In the event that a claim is made against us by a third party in connection with services provided by us where we have produced and delivered in accordance with the drawings, designs, models or other documents provided by the Ordering Party, the Ordering Party shall indemnify us in full against all losses, damages, costs, liabilities and expenses suffered or incurred by us in respect of that claim.

9.3 To the extent permitted by law, our liability to pay damages for property damage by reason of the applicable product liability legislation, including all rights of recourse, is excluded. When using the installations, machines and other articles delivered by ourselves, the Ordering Party is obliged to painstakingly observe all safety regulations, technical rules, installation regulations, operating instructions and user manuals, and in particular all regulations apply-ing to the electrical engineering field, and to allow only authorised skilled personnel to operate the equipment.

9.4. Nothing in these Terms of Delivery and Payment shall exclude or in any way limit our liability to the Ordering Party for (i) fraud; (ii) death or personal injury caused by its negligence (including negligence as defined in s.1 Unfair Contract Terms Act 1977); (iii) breach of terms regarding title implied by s.12 Sale of Goods Act 1979 and/or s.2 Supply of Goods and Services Act 1982; or (iv) any liability to the extent the same may not be excluded or limited as a matter of law.

9.5. We shall not be liable to the Ordering Party under any order made under these Terms of Delivery and Payment for any loss of income, loss of actual or anticipated profit, loss of business, loss of contracts, loss of goodwill and reputation, loss of anticipated savings, loss of , damage to or corruption of data or for any indirect or consequential loss or damage of any kind, in each case howsoever arising, whether such loss or damage was foreseeable or in the contemplation of the parties and whether arising in or for breach of contract, tort (including negligence), breach of statutory duty, indemnity or otherwise.

9.6. Any liability for damage caused by the installation or use of third party components or replacement parts with our delivery items, which have not been verifiably and expressly recommended by us, shall be excluded.

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11. FINAL PROVISIONS

11.1 These Terms of Delivery and Payment and any legal disputes arising out of or in connection with any orders made under these Terms of Delivery and Payment are to be governed by English law. The sole place of jurisdiction shall be London. The UN Convention on Contracts for the International Sale of Goods and the International Private Law shall not be applicable.

11.2 If any term of these Terms of Delivery and Payment is found to be illegal, invalid or unenforceable under any applicable law, such term shall, insofar as it is severable from the remaining terms, be deemed omitted from these Terms of Delivery and Payment and shall in no way affect the legality, validity or enforceability of the remaining terms.

11.3 The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms of Delivery and Payment and no person who is not a party to an order made in accordance with these Terms of Delivery and Payment may enforce any provision of them.

12. SPECIAL PROVISIONS FOR SOFTWARE SUPPLIED TOGETHER WITH ORDERED ITEMS OR SOFTWARE SUPPLIED SEPARATELY

For software delivered together with other items or for software delivered separately (hereafter “software”) these Terms and Conditions of Delivery and Payment only apply insofar as these do not deviate from the following conditions or from conditions agreed upon separately with the Ordering Party.

 

12.1. SCOPE OF USE

12.1.1 All rights of intellectual property, such as copyright, trademark rights, design rights, patent rights, utility model rights and know-how, as well as in particular unprotected inventions, commercial experience, trade secrets and such like, independent from the time these were disclosed to the Ordering Party, shall be reserved at any time by us or our licensors. The Ordering Party shall have the right to use the software after payment of the agreed sum exclusively for his own purposes in accordance with the acquired number of licences. With the present contract only the authorization to use the software is acquired. Dissemination by the Ordering Party shall be excluded in accordance with the copyright law. With a possible participation of the Ordering Party in producing the software no rights other than the specified usage laid out in Section 12 are acquired. The Ordering Party may only use the software simultaneously on one device, which one is his decision. Usage of the software shall constitute any long-term or even any temporary duplication (copying) of the software, whether in whole or also only in part, by saving, loading, running or displaying for the purpose of execution of the software and processing of the data contained therein by the hardware. He shall not be authorized to copy the user manual.

12.1.2 The Ordering Party shall be permitted to make copies of the software for archival and data protection purposes on condition that there is no explicit prohibition in the software or any accompanying material (instruction manual, packaging, etc.) and that all copyright and proprietary notices are transferred unchanged in these copies. Retranslations of the programme code (decompilation) exceeding the legal provisions shall not be permitted.

12.1.3. If the software is equipped with technical copy protection, the Ordering Party shall in the case of damage be supplied with a replacement copy after restitution of the data carrier.

 

12.2 FURTHER RIGHTS

In the event of availability of a new software version the Ordering Party shall be entitled to exchange the supplied software package for a similar software package of the new version at our listed update price; the exchange implies the software package as a whole, as it was acquired by the Ordering Party. With the exchange Ordering Party´s permission to use the exchanged software package shall expire. In such an event the Ordering Party shall immediately and completely destroy all copies, partial copies and backup copies as well as altered or revised versions of the software and the copies, partial copies and backup copies made thereof.

 

12.3 WARRANTY

12.3.1 The Ordering Party shall note that it is not possible to develop software programmes in such a manner that these are free from defects for every application condition.

12.3.2 We shall warrant that the supplied software fulfils the agreed functions and has the expressly guaranteed properties. Requirement for any warranty is usage according to contract. A defect for which we are responsible shall only be deemed to exist if the software does not function according to the most recent version of the corresponding performance description/ documentation and if this is reproducible by the Ordering Party. In order to carefully examine possible occurring defects the Ordering Party shall be obliged to support us in the rectification of any defects.

12.3.3 We further shall warrant that the original software is duly recorded onto a tested data carrier. Excepted here from are previously installed software and third-party software products.

12.3.4 Software defects shall be documented by the user and we shall be notified in writing with immediate effect; otherwise 8.3 shall apply.

12.3.5 The warranty period shall always be twelve months; the period commences with the dispatch of the software package.

12.3.6 If the software package is not usable or defect (12.3.2), we shall exchange it primarily for a new one of the same title or for an adequate alternative solution. If this also proves to be unusable or defect and if we are not in a position to make it usable with adequate effort within an adequate time, but at least within a period of four weeks, the Ordering Party may demand a price reduction or a change. Costs of defect rectification by the Ordering Party or a third person shall not be compensated by us.  

12.3.7 In excess of this (12.3.6) we shall not provide warranty, in particular not in the case of the supplied software not meeting the special requirements of the Ordering Party or user, and also not for altered or revised versions of the software (point 12.1.2), unless the Ordering Party can prove that the defects are not connected to the alterations or revisions. The Ordering Party itself is solely responsible for the selection, installation and usage of the software as well as for the results intended therewith.  

12.3.8 In the event of unjustified assertion of defects in the software we shall be entitled to charge the Ordering Party with any incurred costs according to valid cost rates.

12.3.9 A change of the end-user shall exclude any warranty claims 

 

12.4 COMPENSATION

12.4.1 All further claims of the Ordering Party or third persons, in particular claims for compensation for damages of any kind, shall be excluded, unless the injured party can prove that the damage was caused by us either intentionally or due to gross negligence.

12.4.2 Otherwise Point 9 shall apply accordingly.