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PressSupport24 Sheetfed General Terms and Conditions§ 1 Preamble With PressSupport24, consisting of the “Sheetfed RemoteMaintenance” and “Industrial Analytics” services, Koenig &Bauer Sheetfed AG & Co. KG (hereinafter referred to asKoenig & Bauer) are offering their customers a solutionoriented approach to their concerns and an effectiveservice. § 2.2 Industrial Analytics§ 2 Scope of services§ 2.1 Sheetfed Remote MaintenanceKoenig & Bauer runs a support service providing remoteaccess maintenance to printing presses installed on themarket. In the event of serious faults, Koenig & BauerPressSupport engineers can connect directly to themachine controls and carry out a direct fault analysis. Thismakes it possible to directly eliminate faults via adjustmentsto the machine software or by providing advice to operatorsvia telephone. In addition, this allows the correct andnecessary spare parts to be identified more quickly and, ifrequired, the necessary personnel can be requested.The Sheetfed Remote Maintenance service covers thefollowing: 24 hour service from the PressSupport department;including all costs for on-call times outside ofbusiness hours and on public holidays/weekendsOnline costs for remote connection covered byKoenig & Bauer, irrespective of the duration of theservice provision and how often it is required(limited to a maximum of 2 hours per servicerequest).Telephone charges for calls from Koenig & Bauerto the customerAll costs for technical support from specialists aspart of the remote maintenance (specialistengineers, technicians)Costs for live video transmissions (VisualServiceSupport)Documenting the problem and its solution, or theattempted solution if it could not be solved viaremote maintenanceIndustrial Analytics allows Koenig & Bauer to minimisetechnical malfunctions and maintenance deficiencies in themachinery. Continuous monitoring of the productionsystems via machine data analysis allows errors or errorbursts and deviation patterns from predefined values to beidentified. This monitoring takes place with the help ofspecial algorithms known as BOTs.The resulting findings can be used to coordinate proactive,necessary measures.The service offered does not release the customer from theobligation to carry out maintenance as set out in the usermanual.The Industrial Analytics service covers the following: All costs for remote maintenance and services fromthird parties, such as BDT suppliers (Logotronic),Lithec (Densitronic), EyeC (PDF scanner),Krifft&Zipsner (logistics), etc.All costs for remote maintenance and services fornew installations, upgrades of all kinds andmachine extensions (a separate agreement isrequired)The costs of any spare parts, organisation andtransport costs that may be requiredKoenig & Bauer Sheetfed AG & Co. KGUsing the available BOTs to analyse and evaluatethe machine data availableCreating a ticket in the Koenig & Bauer CustomerCommunity, through which customers can findinformation about their status and keep in touchwith their contact partner at Koenig & Bauer; theKoenig & Bauer General Terms of Use for theKoenig & Bauer Customer Community also applies.The following are not covered by the service scope: The following are not covered by the service scope: The costs of any technician visits that may berequired, which are calculated on the basis of tion costs, surcharges, etc.Costs of terminals and telecommunications costsfor the customer when using live videotransmissions (Visual ServiceSupport) The costs of any spare parts, organisation andtransport costs that may be requiredThe costs of any services required for equipmentnot supplied by Koenig & BauerThe costs of any services required in relation tothird-party services not agreed under this contractThe costs of any technician visits that may berequired (customer, Koenig & Bauer or third parties)which are calculated on the basis of the travellingtime, labour, travelling costs, accommodationcosts, surcharges, etc.The costs of terminals and telecommunicationscosts for the customer§ 3 AccessibilityIn the event of technical malfunctions, the customer, as arule, shall inform its authorised representative orPressSupport24 Sheetfed directly, depending on the natureof the malfunction and any support required from therepresentative (e.g. for translation services).PressSupport24 Sheetfed General Terms and Conditions – as of 01.10.2021 1
PressSupport24 Sheetfed can be reached directly on thenumber 49 (0) 351 833 2686. If this number is busy, thecustomer can leave a message on the answering machinewith their telephone number, name, and the machine serialnumber.Service requests can also be sent via an entry formIt shall not be possible to subsequently change themachines covered by the contract. Flat rate fees shallalways be invoiced in advance. Invoices shall be due forpayment within 30 days of receipt with no deductions,unless otherwise agreed in writing. The contractor shall beentitled to refuse the provision of services until payment hasbeen made in full.available at support.koenig-bauer.com/sheetfed.§ 4.2 Industrial AnalyticsService requests can optionally be sent using the press callfunction from the control console on machines equippedwith this function.Koenig & Bauer PressSupport24 Sheetfed accepts servicerequests in German and English.PressSupport24 Sheetfed is available 24 hours a day.Service is limited on the following dates (GMT 1):New Year’s Day (1 January)1. Christmas Day (25 December)2. Boxing Day (26 December)Available until 14.00: § 5 Duration and termination of the contractGenerally, a PressSupport24 contract shall have a durationof 12 months, unless agreed otherwise. A PressSupport24contract can be terminated by either party in writing threemonths prior to the end of the contract. If neither partyterminates the contract, it shall be automatically extendedfor another year, unless the duration was contractuallylimited or other written agreements apply. This is withoutprejudice to the right to terminate for good cause (e.g.customer default in payment, application for bankruptcy byone of the contracting parties, etc.). A complete or partialrefund of the annual flat-rate fee shall not be possible if thecontract is terminated prematurely.No availability: Outside the warranty period, the customer shall have theoption of using the Industrial Analytics service with the costsof the services described under § 2.2 covered by a flat-ratefee over the contractual period. Modifications or extensionsto the machines (hardware and/or software) after thecontract is entered into may incur additional costs for thecustomer.Christmas Eve (24 December)New Year’s Eve (31 December)§ 4 Costs and invoicing§ 6 Data transfer and data analysisDuring the warranty period for the machine concerned,Sheetfed Remote Maintenance and Industrial Analyticsshall be provided free of charge.Each party shall be responsible for maintaining andoperating the necessary data connection.After the warranty period expires, PressSupport24 servicesmust be agreed in a separate contract.§ 6.1 Sheetfed Remote MaintenanceAfter the warranty period expires, the amount billed for thePressSupport 24 services agreed in the contract shallalways be billed in advance of the agreed period.Should the customer be in substantial financial arrears withKoenig & Bauer or with Koenig & Bauer’s authorisedcustomer representative, Koenig & Bauer shall be entitledto refuse to provide the customer with PressSupport24services until all the arrears have been paid in full.The customer cannot offset payment against their owncounterclaims, unless these are uncontested or legallyestablished.§ 4.1 Sheetfed Remote MaintenanceFor machines out of warranty, the customer shall have theoption of using the Sheetfed Remote Maintenance servicewith a PressSupport24 contract at a contractually agreedfixed price.Koenig & Bauer Sheetfed AG & Co. KGA VPN connection is used for remote maintenance. Thecustomer shall be responsible for providing the machinewith a physical Internet connection and fitting the machinewith the corresponding VPN hardware (mGuard).Furthermore, the customer shall be obliged to notifyKoenig & Bauer PressSupport24 Sheetfed in advance ofany changes to the IP addresses. This can be done viathe communication channels described in § 3. In the eventof connection problems, an IT engineer must assist withtroubleshooting at the request of the customer, eitherindependently or in cooperation with Koenig & Bauer.Koenig & Bauer PressSupport24 Sheetfed establishes astatic VPN connection to the machine. The customer justneeds to activate the remote maintenance when required.After the work is completed, the remote maintenanceaccess will automatically close after approximately 2hours. This does not affect the static VPN connection.If the data connection fails and Koenig & BauerPressSupport24 Sheetfed receives no data or insufficientdata, they shall no longer be obliged to provide thePressSupport24 Sheetfed General Terms and Conditions – as of 01.10.2021 2
contractually agreed services. This also applies if the qualityof the data is such that Koenig & Bauer PressSupport24Sheetfed cannot provide the services. In this case, Koenig& Bauer PressSupport24 Sheetfed must inform thecustomer about the failed data connection. In this case,attempts shall be made to help the customer withtroubleshooting on the telephone, insofar as this isreasonable and/or possible.the customer who submits the service request, the companyto which said contact person belongs, and the phonenumber and email address of the contact person. Thispersonal data is transferred to Koenig & Bauer’s authorisedrepresentative for that customer. Personal data is alsopassed on to third parties (e.g. manufacturers of auxiliarycomponents) if it is necessary for processing the servicerequest. Personal data shall not otherwise be forwarded tothird parties.§ 6.2 Industrial AnalyticsData collected via Industrial Analytics is routed through andanalysed in a DIN 27001 and DIN 9001-certified highperformance data centre of an analytics provider in theFederal Republic of Germany. If there is any deviation fromthe set parameters, the BOT shall generate a ticket with adescription of the fault in the Koenig & Bauer Sheetfed CRMSystem.The BOTs generally available for monitoring the machinedata are listed under the overview “Industrial Analytics BOTs”. The list is subject to change at any time and shallbe sent to the customer on request. The availability ofindividual BOTs depends on the machine’s configurationand the software status.To meet the technical requirements for Industrial Analytics,the machine must have a Windows control station (1computer version) and TouchTronic user interface, a VPNconnection (via mGuard), an open port for “Preliminaryinformation remote maintenance” and a stable Internetconnection with an upload speed of at least 5 MBit.§ 7 Confidentiality and data securityThe contracting parties shall maintain confidentiality as iscustomary in business and shall at no time disclose or makepublic to others, other than their affiliated companies, anyinformation they obtain during the collaboration. Thecontracting parties shall take suitable steps to ensure ntiality.§ 7.1 Sheetfed Remote MaintenanceMachine data is transferred to Koenig & Bauer for thepurpose of analysing machine productivity and availability.This data is used solely to assess machine performanceand to analyse faults.This data is generally transferred using the existing VPNconnection. The data shall only be transferred to thirdparties which are contractually bound partners of Koenig &Bauer or affiliated companies of Koenig & Bauer, and onlyfor the stated purpose.Machine data for providing PressSupport24 remotemaintenance does not include stored job data or personaldata.Furthermore, only personal data required for managingremote maintenance or service requests will be collectedand stored. This includes the name of the contact person atKoenig & Bauer Sheetfed AG & Co. KGImage data may be stored when live video transmissionstake place (Visual ServiceSupport). Only data relating to thecustomer’s current service request shall be stored. Thisimage data shall not be passed on to third parties, otherthan to Koenig & Bauer’s authorised representative for thatcustomer.Should the customer be subject to restrictions regarding thecollection of image data or the use of mobile terminals, it isresponsible for ensuring compliance with these.§ 7.2 Industrial AnalyticsIn terms of Industrial Analytics, the data collected is storedin three data centres in the Federal Republic of Germany.Due to the fact that historical data retention is vital toperform the Industrial Analytics services, data deletion is notenvisaged. The raw data shall be stored for an unlimitedtime, with the customer remaining the owner of the data.This applies until the raw data collected has beenalgorithmically analysed by Koenig & Bauer and providedthat data has added value.Industrial Analytics can only be initiated by written consentfrom the customer (consent to the collection of data).Koenig & Bauer’s privacy policy also applies.§ 8 The customer’s obligations to cooperateThe customer shall put reliable safety measures in place toensure that the intended measures can be carried outsafely. In particular, the customer shall ensure that noperson is endangered in connection with providing theservices at their premises.When determining, containing, reporting, and describingfaults, the customer must follow the instructions provided bythe Koenig & Bauer PressSupport24 technician. Thecustomer must engage trained personnel with thenecessary technical and linguistic skills for the remotemaintenance. Changes that the customer wishes to maketo the machine or its technical environment, insofar as theycould affect the contractual agreement between the parties,must be agreed in advance with Koenig & Bauer.The customer shall provide appropriate support to Koenig &Bauer for carrying out the agreed services and shall giveKoenig & Bauer access to the necessary equipment andtools. The customer shall ensure that the machine has aPressSupport24 Sheetfed General Terms and Conditions – as of 01.10.2021 3
stable data link to the Internet in order to ensure that data istransferred to Koenig & Bauer.The customer shall keep Koenig & Bauer informed aboutany established technical anomalies in order to ensure thatservice activities can be effectively carried out.The customer shall assist in making a remote diagnosisand, if necessary, implement or assist with the correctivemeasures recommended by Koenig & Bauer.not be liable if communication with the customer viaPressSupport 24 is not possible due to malfunctions or thefailure of the third-party software.Koenig & Bauer shall not be liable for any damages,irrespective of when such damage occurred or occurs andhowsoever caused, in particular compensation forconsequential damages.Koenig and Bauer shall assume liability – whatever legalbasis may apply – solely§ 9 LiabilityPressSupport24 shall not include warranties within themeaning of the BGB (the German Civil Code). Koenig &Bauer shall perform the obligations individually specified inthe contract. This does not include any obligation for allexisting damage and defects on the machine to bediagnosed or repaired by the contractual services, or anyobligation in respect of the future functionality, availability orproductivity of the machine.Koenig & Bauer shall not be liable in respect of any workperformed on the subject-matter of the contract, or any partthereof, by the customer or by a third party, for which Koenig& Bauer’s prior approval was not obtained, or in respect ofwhich Koenig & Bauer’s approval was obtained, but thework or repair services carried out on the subject-matter ofthe contract, or any part thereof, was improperly executedby the customer or a third party. If, while carrying out remotemaintenance, an employee of Koenig & Bauer identifies asafety-related defect in the subject-matter of the contract,they must ask the customer to shut down the machine andobtain written confirmation from the customer that the defectwas brought to their attention. Koenig & Bauer can refuseto carry out remote maintenance on a machine at any timeif the safety features have been disabled or tampered with.Where employees of the customer execute tasks inaccordance with instructions provided by Koenig & Bauerover the telephone, this does not release the customer fromtheir duty of care to comply with the relevant precautionsand safety measures, and to use properly trained andqualified staff in this regard.If the customer fails to provide details, or provideserroneous details, in connection with a fault or in terms ofinformation requested, Koenig & Bauer shall not be liablefor any faults that arise from any instructions provided byKoenig & Bauer in consequence thereof. The customershall have sole liability for its employees. Koenig & Bauershall therefore not be liable for the actions of the customer.The customer uses third-party software for PressSupport 24at his own responsibility. The license terms of the third partyprovider shall apply. Koenig & Bauer shall not be liable forthe functionality of the third-party services, for the third-partycontent or for losses and damages of any kind arising fromthe use or in connection with the use or failure of theseservices and content. Furthermore, Koenig & Bauer shallKoenig & Bauer Sheetfed AG & Co. KG(1)(2)(3)(4)(5)(6)in the event of intentional acts,in the event of gross negligence,in the event of culpable loss of life, physical injuryor damage to health,in the event of defects which it has fraudulentlyconcealed,where a warranty applies,in the event of defects in the item delivered, insofaras liability is assumed under the Product LiabilityAct for personal injury or property damage to itemsin private use.In cases involving proven culpable breaches of significantcontractual obligations (that is, obligations that form keycomponents of the contract and on which the customer canreasonably expect to rely), the contractor shall also be liablein cases of ordinary negligence. In the latter case, liabilityshall be restricted to the types of losses that typically ariseunder the contract and are reasonably foreseeable.This shall also apply if, as a result of culpably omitted orerroneous binding proposals or advice given by Koenig &Bauer before or after the contract was concluded, or as aresult of a culpable breach of other secondary contractualobligations, the machine cannot be used in accordance withthe contract. Sheetfed Remote Maintenance and IndustrialAnalytics are presented to customers as a service. Inapplication of the exceptions listed under points (1) to (6)above, the liability of Koenig & Bauer under this contractshall be limited to 20% of the contract price.The exclusion or limitation of liability in favour of Koenig &Bauer shall also apply in respect of the employees,representatives and vicarious agents of Koenig & Bauer andits affiliated companies.Further claims for compensation shall be excluded.§ 10 Limitation periodAll claims by the customer – whatever legal basis may apply– must be brought within a period of 12 months. Thestatutory limitation periods shall apply in respect ofintentional or grossly negligent conduct, culpable loss of life,physical injury or damage to health, and for claims underthe Product Liability Act.PressSupport24 Sheetfed General Terms and Conditions – as of 01.10.2021 4
§ 11 Concluding provisionsAmendments and additions to the Sheetfed RemoteMaintenance and Industrial Analytics contracts must bemade in writing. This shall also apply to any amendment ofthis written form requirement. Oral agreements shall not bevalid.The customer’s General Terms and Conditions shall notapply to this contract, even if Koenig & Bauer do not objectthereto.All disputes concerning PressSupport24 Sheetfed(Sheetfed Remote Maintenance and Industrial Analytics)shall be subject to the law of the Federal Republic ofGermany, excluding the provisions of the United NationsConvention on the International Sale of Goods.The courts in the city of Würzburg shall have exclusivejurisdiction.Koenig & Bauer Sheetfed AG & Co. KGPressSupport24 Sheetfed General Terms and Conditions – as of 01.10.2021 5
Koenig & Bauer Sheetfed AG & Co. KG PressSupport24 Sheetfed General Terms and Conditions – as of 01.10.2021 3 contractually agreed services. This also applies if the quality of the data is such that Koenig & Bauer PressSupport24 Sheetfed cannot provide the services. In this case, Koenig &
