Notification of defects, breach of duty, liability for defects
1. The customer must report obvious material defects immediately, but no later than 10 working days after collection in the case of delivery from the storage location, in the case of an agreed delivery obligation after delivery at the agreed place, hidden material defects immediately after discovery, but no later than within the warranty limitation period according to Section 8.5. to complain to us in writing or in text form.
2. A complaint that is not made in due time or form excludes any claim by the customer for breach of duty due to material defects. This does not apply in the event of intentional, grossly negligent or fraudulent action on our part, in the event of a breach of an essential contractual obligation, in the event of injury to life, limb or health or in the event of a guarantee of freedom from defects, or a procurement risk in accordance with Section 276 of the German Civil Code or others legally mandatory liability facts, in particular the Product Liability Act and in the case of a right of recourse in the supply chain (§§ 478, 445a BGB).
3. Material defects that are already noticeable upon delivery (e.g. damage or lack of quantity) must be reported to the transport company and the written or textual recording of the defects on the shipping documents must be arranged. If the notification of defects to the transport company is not received in a timely manner, any claim by the customer for breach of duty due to material defects will be excluded. Clause 8.2. applies accordingly in this case.
4. The customer is responsible for checking whether our delivered products are suitable for the intended use
5. Unless otherwise agreed, the limitation period for claims arising from breach of duty due to poor performance in the form of material defects is 12 months, calculated from the day of the transfer of risk (section 7.3.), in the case of the customer refusing to accept or accept the goods from the time of the notification of readiness for acceptance of the goods Debt to collect, in the case of a debt to deliver, since the day of our delivery attempt at the agreed place of delivery.
This does not apply to claims for damages from a guarantee, the assumption of a procurement risk within the meaning of § 276 BGB, claims due to injury to life, limb or health, fraudulent, intentional or grossly negligent action on our part, in the event of a breach of an essential contractual obligation , or if in the cases of §§ 478, 445a BGB (recourse in the supply chain), § 438 Para. 1 No. 2 (construction of buildings and delivery of things for buildings) and § 634a Para. 1 No. 2 BGB ( construction defects) or insofar as a longer limitation period is otherwise stipulated by law. A reversal of the burden of proof is not associated with the above regulation.
6. Further claims of the customer due to or in connection with defects or consequential damages, regardless of the reason, only exist within the framework of the provisions of Section 11.
7. Our liability for defects (claims arising from breach of duty due to poor performance in the case of material defects) and the resulting liability is excluded if defects and the damage associated with them cannot be proven to be due to defective material, defective construction, or defective execution, or defective manufacturing materials or to the extent owed, based on inadequate instructions for use.
In particular, the warranty and the resulting liability due to breach of duty due to poor performance are excluded for the consequences of incorrect use, unsuitable storage conditions and the consequences of chemical, electromagnetic, mechanical or electrolytic influences that do not correspond to those in our product description or a deviating one. agreed product specification or the respective product-specific data sheet provided, average standard influences.
This does not apply in the event of intentional, grossly negligent or fraudulent action on our part, in the event of a breach of a material contractual obligation, in the event of injury to life, limb or health, or in the case of the assumption of a guarantee of freedom from defects, or a procurement risk in accordance with Section 276 of the German Civil Code or other mandatory statutory liability, in particular the Product Liability Act and in the event of a right of recourse in the supply chain (§§ 478, 445a BGB).
8. Claims by the customer for the expenses required for the purpose of supplementary performance, in particular transport, travel, labor and material costs, are excluded if the expenses increase because the delivery item was subsequently sent to a different location than the agreed one branch of the customer, unless the shipment corresponds to its intended use. Section 439 (3) of the German Civil Code (the seller bears the installation and removal costs for defective products) remains unaffected.
9. Claims for defects do not exist in the case of only insignificant deviations from the agreed or usual quality or usability.
10. We do not assume any warranty according to §§ 478, 445a BGB (recourse in the supply chain) if the customer has processed or otherwise modified the products delivered by us under the contract, insofar as this does not correspond to the contractually agreed intended purpose of the products.
11. The acknowledgment of breaches of duty in the form of material defects always requires an express declaration on our part.
12. A reversal of the burden of proof is not associated with the above regulations.