§ 9 Warranty Claims
(1) Statutory regulations shall apply to the Buyer’s rights regarding material defects and defects of title if not specified differently below. Special statutory provisions on final deliveries of products to a consumer shall in any case remain unaffected (supplier´s recourse under sec. 478 BGB (German Civil Code)).
(2) The basis of our liability for defects shall be the agreement made concerning the quality of the goods. All product descriptions that are the subject of the individual contract or which have been published by us (especially in catalogues or on our internet homepage) shall be deemed the agreement concerning the condition of the goods.
(3) If no condition was agreed, the presence or absence of a defect shall be determined based on the statutory regulations (sec. 434 para. 1 sentences 2 and 3 BGB (German Civil Code)).
(4) The Buyer’s claims arising from a defect require that the Buyer has fulfilled their legal duty to examine the goods and to give notice of defects (sec. 377, 381 HGB (German Commercial Code)). If a defect is determined on delivery, during the inspection or at any later point in time, then this is to be reported to us immediately in writing. In any case, evident defects have to be indicated in writing within a term of 5 working days from delivery and for defects not detectable during the examination within 5 working days from discovery of the defect. If the Buyer fails to carry out the proper inspection and/or report of defects, our liability for the defect which was not reported, not reported properly or not reported on time is excluded according to the statutory provisions.
(5) If the delivered object is faulty we shall provide subsequent performance by delivery of a faultless object (substitute delivery). Our right to refuse the subsequent performance under the statutory prerequisites remains unaffected.
(6) We are entitled to make the owed subse-quent performance dependent on the fact that the Buyer pays the due purchase price. The Buyer is however entitled to retain a part of the purchase price which is reasonable in the ratio to the defect.
(7) The purchaser shall allow us the necessary time and opportunity for due subsequent perfor-mance and shall in particular hand over the goods for examination purposes. In the case of replacement, the
Buyer shall return the faulty object to us in accordance with the statutory provisions.
(8) We shall bear the expenses for examination and supplementary performance, especially the trans-port, travel, work and material costs when a defect actually exists. However, should a cus-tomer demand for repair be proven unjustified, then we can demand the incurred costs (espe-cially examination and transportation costs) to be reimbursed by the customer, unless the lack of a defect was not discernible for the Buyer.
(9) If the subsequent performance has failed or a reasonable deadline which is to be set by the Buyer for the subsequent performance has expired unsuccessfully or it is dispensable according to the statutory regulations, the Buyer can cancel the purchase contract or reduce the purchase price. This right of withdrawal does not exist in the case of an insignificant defect.
(10) Claims of the Buyer for damages or re-placement of unsuccessful expenses only exist, also in the case of defects, on the basis of sec. 10 and are excluded for the rest.