Conditions of Warranty
- If complaints of defects are justified, we shall, at our option, be obliged to re-performance by ether replacing such defective goods by defect-free ones or by remedying the defects at no cost to the customer. The parts complained about shall become our property. We shall be entitled to refuse re-performance pursuant to the statutory provisions. If complaints of defects are not justified we shall be entitled to invoice all costs incurred herewith to the customer,
- If we do not comply with the obligation to re-performance, the Customer may, at his option, either withdraw from the contract, or reduce the purchase price, after he has set a reasonable respite period to us which has expired, unless such respite period is legally superfluous. In case of a withdrawal from the contract the Customer shall be liable for deterioration, destruction and untaken utilization and not only for the own reasonable diligence, but for every negligence.
- The Customer shall give us the time and opportunity required for the detection of the default and the necessary re-performance. Upon our request, rejected goods shall be resent to us.
- Any other claims for damages and reimbursement of expenses of the Customer because of, or in connection with, defects or consequential damages based on defects, irrespective of their legal basis, shall exist in accordance with the provisions that all claims and damages and reimbursement of expenses against us are barred within 12 months following the delivery of the goods resp. acceptance, in the case of a tort liability following the knowledge or grossly negligent ignorance of the circumstances which justify the claim of the person liable. This does not apply to the case of willful conduct and in cases when we are liable under the Product Liability Act, if we are held liable for the injury of life, body or hearth, in case of an express warranty of certain characteristics or in case of a malicious concealment of a defect. Also in this case, we shall, however, be liable for the typical end foreseeable damage only.
- Our warranty obligation shall not exist if he services are defect-free, in particular if defects are caused by disregard of operating, maintenance or installation instructions, improper handling, defective or negligent handling, natural wear and tear, interventions by the Customer or third parties in the delivered goods or the use of Third party spare parts.
- Any warranty claims against us shall be become barred after the expiry of 12 months after delivery resp. acceptance.
- In case of malicious concealment of a defect or the assumption of an express warranty of certain characteristics of the goods any claims of the Customer shall exclusively be subject to the statutory provisions.
- The Customer or the consignee designated by Customer shall ‘Inspect the goods immediately upon receipt and, if necessary, check by way of samρle-processing whether ‘hey are suίtable for the intended use. Open defects – including the absence of any characteristics expressly warranted – shall be immediately notified, but at the latest within a period of 5 days from the receipt of the goods; any hidden defects shall be notified in writing immediately upon their detection, but at the latest within a perίod of 5 days υpοn detection. If the Customers refrains from making such notification in due form and time, the goods shall be deemed to have been approved of. The date of our receipt of the notification shall be decisive for the observance of the pre-scribed period.
Exclusion and Limitation of Liability
- For any claims for damages and reimbursement of expenses directed against us and based upon breach of duly an the grounds of negligence, irrespective of the legal basis, we may be held liable in case οf slight negligence only if major contractual duties are violated and, thus, the purpose of the contract is endangered. Otherwise, our liability for slight negligence shall be excluded.
- In the event of liability in Sec.1 and strictly liability, we shall be liable for the typical and foreseeable damage only. Claims for vain expenses by the Customer are excluded.
- For damages based upon delay we shall be liable in case of slight negligence only up to 5% of the net order value.
- The Customer shall decide on the use of our delivered goods and other services in his own responsibility. Unless we have confirmed in writing specific characteristics and suitabilities of the services for a purpose stipulated by contract, any advice concerning the technical application shall not be binding in any case. Such advice shall only explain to the Customer the best possible use of our services and not relieve him from his obligation to satisfy himself of the suitability of our services for the intended use by own examination. We shall also be liable pursuant to Sec.11.1 tο 11.3 for any advice given or not given.
- The exclusion of liability under Sec.1 to .4 shall also apply to the same extent with respect to our management, legal representatives, executives and non-executives, employees and other agents.
- IF the final consumer of the goods is a “consumer‘’ the legal stipulations apply In respect of the limitation of a possible claim of a recourse of the Customer against us.