3. Scope of Delivery, Drawings, Types, Tools
3.1. The technical specifications being contained in the order documents shall be binding to Contractor referring to the kind, scope and content of his scope of delivery. He shall have to check them immediately and shall have to inform KCS GmbH immediately on any errors or incompleteness; in case of omitting such despite of having detected a default or incompleteness or had he have to realize such, then he shall be liable to KCS GmbH for any damages resulting from this.
In carrying out his delivery Contractor should consider the possibility of change as for the state of the art or any other regulations, norms and standards to be adhered to by him between the moment of conclusion of the contract and the delivery; if this took place and if this touched his expenses or his schedule, Contractor shall reach a settlement by agreement with KCS GmbH on a reasonable tailoring on prices and schedules prior to the execution of the change.
3.2 KCS GmbH shall keep ownership and copyright of any drawings, any other documents, types and tools. They shall only be used for the purpose of ordering and shall neither be continued to use nor be reproduced nor be made accessible to any third party and they, immediately and postage free, shall be returned to KCS GmbH in case of non-granting the order and after the execution of the order at the request of KCS GmbH including any reproductions.