VII. Claims for defects
1. The statutory provisions shall apply for the rights of the Purchaser for defects of quality and title (including false and shortfalls in delivery and incorrect assembly or faulty assembly instructions), insofar as nothing else has otherwise been determined in the following. In all cases, the special statutory provisions for the final delivery of the goods to a consumer shall remain unaffected (Supplier recourse pursuant to §§ 478, 479 BGB - German Civil Code).
2. The basis for liability for defects of the Supplier shall be concluded in particular in the agreement concerning the quality of the goods. As an agreement regarding the quality of the goods, the product descriptions (also of the manufacturer) designated as such which were handed over to the Purchaser prior to their order shall apply, or in the same way as these Terms and Conditions of sale have been included in the contract.
3. Insofar as the quality has not been agreed, then it is to be assessed according to statutory provisions whether a defect exists or not (§ 434 Para. 1 pp 2 and 3 BGB). However, we shall not assume liability for public statements of the manufacturer or other third parties (e.g. advertising statements).
4. Claims for defects by the Purchasers are only possible if they have fulfilled the statutory obligations of inspection and notification (§§ 377, 381 HGB). Should a defect become apparent during the inspection or later, then the Supplier is to be immediately notified of this in writing. The notification shall be deemed immediate if it occurs within two weeks, whereby punctual dispatch of the notification shall suffice for the observance of this deadline. Independent of these obligations of inspection and notification, the Purchaser must notify of obvious defects (including false and shortfalls in delivery) within two weeks of delivery, whereby here, too, the punctual sending of the notification shall suffice for the observance of this deadline. Should the Purchaser neglect the proper inspection and/or notification of defects, then a liability of the Supplier for the unannounced defect shall be excluded.
5. If the delivered item is defective, then at their discretion, the Purchaser may first demand rectification of the defect (repair) or delivery of a non-defective item (replacement delivery) as a subsequent performance. Should the Purchaser not declare which of the two rights they wish to select, then the Supplier may set them an appropriate deadline. Should the Purchaser not undertake this selection within the deadline, then with the expiry of the deadline the right of selection shall pass to the Supplier.
6. The Supplier shall be entitled to make the subsequent performance dependent on the Purchaser paying the due purchase price. However, the Purchaser shall be entitled to withhold the appropriate part of the purchase price in relation to the defect.
7. The Purchaser must provide the Supplier with the required time and opportunity for the due subsequent performance, in particular to hand over the rejected goods for the purpose of inspection. In case of a replacement delivery, the Purchaser must return the defective item to the Supplier in accordance with statutory provisions. The subsequent performance shall not include the de-installation of the defective item or renewed installation if the Supplier was not originally obligated to this installation.
8. The expenses necessary for the purpose of the inspection and subsequent performance, in particular transport, road, labour and material costs (not: de-installation and installation), shall be borne by the Supplier if a defect actually exists. However, should it be proven that the demand for defect rectification of the Purchasers was unjustified, then the Supplier may demand reimbursement from the Purchaser for the costs incurred.
9. In urgent cases, for example, in case of a risk to operational safety or for the prevention of disproportionate damage, the Purchaser has the right to rectify the defects themselves and to demand reimbursement from the Supplier for the objectively necessary expenses. The Supplier is to be immediately informed of such self-performance, if possible in advance. The right to self-performance shall not exist if the Supplier were to be entitled to refuse a corresponding subsequent performance according to statutory provisions.
10. If the subsequent performance is unsuccessful or an appropriate deadline set by the buyer for subsequent performance has unsuccessfully expired or is unnecessary according to statutory provisions, then the Purchaser may withdraw from the sales contract or reduce the purchase price. However, no right to withdraw shall exist in case of a negligible defect.
11. Claims of the buyer for compensation or replacement of wasted expenditure shall only exist according to clause VIII. and are otherwise excluded.