- We guarantee that our products are state-of-the-art and free of production and material faults and that they contain all promised features and characteristics. The warranty period is 6 months, commencing with the date of delivery. The customer can claim guarantee only if he has correctly examined the products on receipt in accordance with paragraph 2 and has notified us of any defects.
- The customer must examine the delivered merchandise immediately on receipt and inform us in writing of any defects or shortages at the latest within one week. We must receive written notification of any defects or shortages that are not noticed during this acceptance examination as soon as they are discovered. The merchandise will otherwise be considered to have been accepted (§§ 377, 378 of the German Civil Code – HGB).
- A guarantee of product characteristics will only be on the basis of a relevant explicit written declaration by us that goes beyond a mere description of merchandise characteristics.
In the case of any defects in the merchandise we deliver, we shall only be liable with exclusion of any further or consequential claims as follows:
- We shall be entitled to improve or replace, according to our choice, all parts that within six months of the date of delivery unusable or severely restricted in use due to some situation or condition that is proven to have been before transfer of risk – especially due to incorrect design, poor materials or faulty construction. Replaced parts are our property.
- We shall also be entitled at our own discretion to deliver an entirely new and faultless object.
- Only after our improvements or our replacement delivery have failed, or if these are also found to be faulty, can the customer demand reduction of payment or cancellation of the contract according to his choice.
- The customer’s right to claim against us due to faults will in each case be limited to the period of six months from the date of delivery that we have granted to the customer for delivery of the object in which fault was found.
- We accept no guarantee for damage incurred for the following reasons: Unsuitable or unprofessional use, faulty assembly or installation by the customer for a third party, natural wear, incorrect or negligent treatment, especially irregular strain or use, use of unsuitable tools or materials or substitute materials, faulty building construction, chemical influences, unauthorised repair of the object by the customer or by a third party.
- The customer shall give us the necessary time and opportunity to carry out any improvements or replacement deliveries that we deem necessary. Otherwise we shall be released from all liability for defects or shortages. This release shall also apply if the customer or a third party has carried out repairs or any modifications to the delivered object without our prior written permission.
- We can refuse to remedy defaults or shortages as long as the customer fails to fulfil his obligations towards us.
- The customer shall have no further or consequent claims towards us, in particular claim for compensation for damages not incurred directly by the delivered merchandise itself, irrespective of the contractual or liability circumstances from which such a claim can be derived, unless these claims are based on the absence of promised characteristics or if we or our agents caused a situation or circumstances leading to a claim for damage compensation either wilfully or by gross negligence. If we or our agents are only guilty of gross negligence, the damage compensation amount may in no case exceed the amount of damage or loss of earnings incurred by the purchaser which we would have concretely foreseen at the time the contract was concluded as a possible consequence of breach of contract or some other act causing an obligation to provide compensation taking account of all information known to us then.
- The above limitations of liability shall also apply for any claims that could be made against us resulting from some inadequate advice about characteristics and use of the delivered merchandise – unless these characteristics were expressly guaranteed.
The customer shall have no other claim for compensation for any expenses incurred in the course of or as a result of establishing and removing defects or shortages in the objects delivered by us.