Refund policy
Subsidiary notice, breach of duty, liability for defects
1. The customer must obviously recognizable material defects immediately, but at the latest 10 working days after collection when delivery from the warehouse location, if an agreed obligation after delivery at the agreed location, hidden material defects immediately after the discovery, but at the latest within the warranty jeweling period according to the number 8.5. to complain to us in writing or in text form.
2. A complaint that is not dead or form-friendly excludes any claim of the customer due to breach of duty due to material defects. This does not apply in the event of intentional, grossly negligent or fraudulent action on our part, if the contract is violated, in the event of a significant contractual obligation, in the event of violation of body, life or health or assumption of a guarantee of freedom of defect, or an acquisition risk according to § 276 BGB or other Legally, the laws of liability, in particular the Product Liability Act and in the event of the right to recourse in the supply chain (§§ 478, 445a BGB).
3. Sach defects that can already be recognized at the delivery (e.g. beset dignities or pieces of pieces) must be complained to the transport company and the written or textual inclusion of the defects on the shipping papers must be arranged. A not timely inclusion of the notice of defects compared to the transport of transport excludes any claim of the customer due to compulsory defects due to material defects. Section 8.2. applies in this case.
4. The customer himself is responsible for checking whether our delivered products are suitable for the purposes he intended.
5. For claims from breach of duty due to poor performance in the form of material defects, the limitation period is 12 months due to the lack of a deviating agreement, calculated from the day of the transfer of danger (section 7.3.), In the event of a refusal or acceptance refusal from the time point of the deployment notice to transfer goods Holschul-Den, in the case of the bring debt since the day of our attempt at the attempt at the agreed delivery location.
This does not apply to claims for damages from a guarantee, the transfer of a procurement risk within the meaning of Section 276 of the German Civil Code, claim for violation of body, life or health, fraudulent, intentional, or grossly negligent action in our side, in the event of a violation of an essential contractual obligation , or if in the cases of §§ 478, 445a BGB (recourse in the supply chain), § 438 Paragraph 1 No. 2 (construction of buildings and delivery of things for buildings) and Section 634a (1) No. 2 BGB ( Construction defects) or, as far as a long time, a longer limitation period is mandatory. A reversal of the burden of proof is not associated with the above regulation.
6. Further claims of the customer because of or in the amount of proportions with defects or consequential damage, regardless of the reason, only exist within the framework of the provisions of section 11.
7. Our liability for deficiency (claims from breach of duty due to poor performance in the event of material defects) and the resulting liability is excluded, insofar as defects and related damage not demonstrably on faulty material, on faulty construction, or in poor execution, or on incorrect manufacturing substances or As far as owed, based on a lack of usage instructions.
In particular, the warranty and the resulting liability due to the breach of duty due to poor performance is excluded for the consequences of incorrect use, unsuitable storage conditions, and the consequences of chemical, electromagnetic, mechanical or electrolytic influences, which are not the one in our product description or a different, agreed pro-duct specification or the 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, if there is a violation of an essential contract obligation, in the event of violation of body, life or health or assumption of a guarantee of freedom of defect, or a procurement risk according to § 276 BGB Or other legally mandatory liability inventory, in particular the Product Liability Act and in the event of the recourse claim in the supply chain (§§ 478, 445a BGB).
8. Claims of the customer due to the expenses required for the purpose of the subsequent performance, in particular transport, path, AR-work and material costs, are excluded, insofar as the recovery increases because the delivery item subsequently increases to a location other than the agreed The customer has been spent unless the transfer corresponds to its determined use. Section 439 (3) of the German Civil Code (covering and expansion costs for defective products by the seller) remains unaffected.
9. Claims for defects do not consist of the agreed or usual nature or usability if there is only insignificant refusal.
10. We do not assume any guarantee according to §§ 478, 445a BGB (recourse in the supply chain) if the customer has edited or processed the products delivered by us in accordance with the contract, unless this does not correspond to the contractually agreed purpose of the products.
11. The recognition of breaches of duty in the form of Sachmän-Geln always requires an express explanation on our part.
12. A reversal of the burden of proof is not connected to the above rule.