(1) Purchaser’s warranty rights presuppose that the Purchaser has duly complied with its obligations to inspect the goods and to give notice of defects pursuant to Section 377 of the German Commercial Code (Handelsgesetzbuch; HGB).
(2) Claims for defects shall become time-barred 12 months after delivery of the goods supplied by us to our customer. The statutory limitation period shall apply to any claims for damages arising from intent and gross negligence as well as injury to life, body and health based on intentional or negligent breaches of user’s obligations.
Insofar as legal provisions provide under s. 438 (1) No. 2 BGB (Buildings and Things for Buildings), s. 445b BGB (Right of Recourse), and s. 634a (1) BGB (Construction Defects) for mandatory longer periods, such periods shall apply. Prior to returning goods our approval must be obtained.
(3) If the delivered goods should, despite all due care, show any defects, which existed already at the time of passing of the risk, we will, subject to a timely notice of defect, have the choice to either remedy the defect or to deliver replacement goods. We shall always be granted the opportunity to remedy defects within a reasonable period of time. The above stipulation shall, without limitation, not affect any rights of recourse.
(4) If subsequent performance should fail, the Purchaser may - without prejudice to any claims for damages - withdraw from the contract or reduce the payment.
(5) There shall be no claims for defects in case of only insignificant deviation from the agreed condition, in case of only insignificant impairment of usability, in case of natural wear and tear or loss in value from normal use as well as damage caused after transfer of risk due to incorrect or careless handling, excessive use, unsuitable operating means, defective construction works, unsuitable building ground or due to special external influences, which are not considered under the contract. If the Purchaser or third parties perform improper repair works or make changes, there shall be no claims for defects for same and consequences arising from same.
(6) Purchaser’s claims for expenses necessary for the purpose of subsequent performance, including, but not limited to transport, travel, work and material costs, shall be excluded insofar, as such expenses are higher because the goods delivered by us were subsequently transferred to another location than the Purchaser’s location, unless such transfer corresponds to their intended use.
(7) Purchaser’s recourse entitlements against us shall only exist insofar as that the Purchaser did not with its customer enter in to any agreements exceeding the mandatory statutory defect claims. Sub-section 6 shall apply accordingly to the scope of the Purchaser’s recourse entitlements against the supplier.