Common use of Liability for material defects Clause in Contracts

Liability for material defects. The liability of STÜKEN shall be limited to the agreed characteristics only (customer specification). Any applicable legal or normative requirements resulting from the special application must be clearly identified by the Customer and confirmed by STÜKEN. The responsibility for suitability and function lies exclusively with the Customer. The Customer shall fully inform STÜKEN, especially in the case of legal requirements, about the exact function as well as special requirements resulting from the use of the delivered STÜKEN products in the Customer's product, in written form before placing the order. Confirmation of the facts shall be made exclusively in writing by STÜKEN. The Customer undertakes to examine the goods immediately on receipt. STÜKEN is to be informed of any instance of non-conforming product immediately in writing no later than 10 days after receipt of goods. Non- visible defects are to be notified in writing no later than 10 days after being ascertained. In the case of a delay in the notification of the default there shall no longer be any warranty whatsoever. Claims for defects shall not exist in the case of a mere insignificant deviation of the agreed quality and in the case of a mere insignificant impairment of the usability. A desired heat treatment is carried out with the necessary care and appropriate means. Success of heat treatment, for example for absence of warpage and cracks, surface hardness, hardness penetration, curing, electroplating process etc., is not guaranteed in particular due to possible variations in hardenability of the material used, latent defects, disadvantageous shaping or because of any possible customer induced changes in the previous workflow. If heat treatment is unsuccessful without STÜKEN being responsible because STÜKEN was unaware of hidden faults in the raw material prior to the heat treatment or could not know about them or because properties of the material used, the shape or the condition of the workpieces hindered a successful heat treatment without STÜKEN knowing about this and could not know this, the piece price has to be paid nonetheless. Required subsequent treatments are charged separately under the above mentioned conditions. Prior to shipment the goods are checked in the customary scope or to the customer's specifications, respectively, at the STÜKEN facility. Further tests and analyses are carried out only by special agreement. The outgoing inspection at STÜKEN does not release the buyer from his obligation to an incoming inspection. Furthermore they shall not exist in the following cases: Unsuitable or improper use, faulty assembly by the Customer or a third party, natural wear and tear, faulty or negligent handling, excessive use, unsuitable production equipment and facilities, substitute materials, chemical, electro-chemical or electrical influences, insofar as they are not the result of a fault of STÜKEN. In the case of justified complaint STÜKEN is entitled to choose to correct the fault or provide a substitute delivery (subsequent performance). In order to carry out all measures which STÜKEN may deem necessary at their own reasonable discretion, the Customer undertakes after coordination with STÜKEN to allow the necessary time and opportunity, otherwise STÜKEN is released from the liability for defects. In the event that STÜKEN is not in the position to correct the fault or provide a substitute delivery or according to § 439 sect. 3 BGB is entitled to refuse the subsequent performance, or there shall be a delay in the subsequent performance beyond a reasonable deadline, for which STÜKEN is responsible, or should the subsequent performance fail twice, then the Customer is entitled to choose to either withdraw from the contract or to demand a corresponding reduction in the purchase price. STÜKEN shall be released from any liability for any consequences resulting from any changes or further processing undertaken for instance on the part of the Customer or a third party without the prior consent of STÜKEN. In the event that a claim for subsequent performance is asserted against the Customer by his buyer or their buyers the Customer undertakes to give STÜKEN the opportunity to carry out the subsequent performance personally within a reasonable period of time. The Customer undertakes to impose this obligation on his buyer accordingly. Should the Customer be in breach of this obligation STÜKEN may reduce the reimbursement of expenses to the amount, which would have been incurred in the case of an own subsequent performance. Other claims of the Customer, in particular a claim for the replacement of damages, which have not been incurred on the object of delivery itself, are excluded. This exclusion of liability shall not apply in the case of wilful intent, gross negligence as well as in the case of culpable breach of essential contractual obligations, due to injury to life, the body or the health or in the case of a liability according to the German Product Liability Act. The claim for damages due to the breach of essential contractual obligations is, however, limited to the contractual- typical, reasonably foreseeable damage, which is in turn limited to a maximum of the value of the goods in the delivery concerned, insofar as the limitation is not excluded due to an act of wilful intent or gross negligence or due to an injury to life, the body or the health. Xxxxxxxx claims expire after 12 months. This does not apply if longer periods are mandatory by law, particularly for deficiencies in a building or product used in a building according to its general purpose causing the deficiencies. For damages resulting from injury to life, limb or health and in case of intent or gross negligence or other breach of essential contractual obligations (i. e. obligations whose fulfillment allow for the proper execution of the contract in the first place and on whose observance the customer regularly relies and may rely) caused by the legal representatives or executives of STÜKEN, sentence no. 1 does not apply. The statutory consequences of a breach of the commercial obligation for inspection and complaint (according to § 377 and § 378 HGB) shall remain unaffected by this.

Liability for material defects. The liability of STÜKEN shall be limited to the agreed characteristics only (customer specification). Any applicable legal or normative requirements resulting from the special application must be clearly identified by the Customer and confirmed by STÜKEN. The responsibility for suitability and function lies exclusively with the Customer. The Customer shall fully inform STÜKEN, especially in the case of legal requirements, about the exact function as well as special requirements resulting from the use of the delivered STÜKEN products in the Customer's product, in written form before placing the order. Confirmation of the facts shall be made exclusively in writing by STÜKEN. The Customer undertakes to examine the goods immediately on receipt. STÜKEN is to be informed of any instance of non-conforming product immediately in writing no later than 10 days after receipt of goods. Non- visible defects are to be notified in writing no later than 10 days after being ascertained. In the case of a delay in the notification of the default there shall no longer be any warranty whatsoever. Claims for defects shall not exist in the case of a mere insignificant deviation of the agreed quality and in the case of a mere insignificant impairment of the usability. A desired heat treatment is carried out with the necessary care and appropriate means. Success of heat treatment, for example for absence of warpage and cracks, surface hardness, hardness penetration, curing, electroplating process etc., is not guaranteed in particular due to possible variations in hardenability of the material used, latent defects, disadvantageous shaping or because of any possible customer induced changes in the previous workflow. If heat treatment is unsuccessful without STÜKEN being responsible because STÜKEN was unaware of hidden faults in the raw material prior to the heat treatment or could not know about them or because properties of the material used, the shape or the condition of the workpieces hindered a successful heat treatment without STÜKEN knowing about this and could not know this, the piece price has to be paid nonetheless. Required subsequent treatments are charged separately under the above mentioned conditions. Prior to shipment the goods are checked in the customary scope or to the customer's specifications, respectively, at the STÜKEN facility. Further tests and analyses are carried out only by special agreement. The outgoing inspection at STÜKEN does not release the buyer from his obligation to an incoming inspection. Furthermore they shall not exist in the following cases: Unsuitable or improper use, faulty assembly by the Customer or a third party, natural wear and tear, faulty or negligent handling, excessive use, unsuitable production equipment and facilities, substitute materials, chemical, electro-chemical or electrical influences, insofar as they are not the result of a fault of STÜKEN. In the case of justified complaint STÜKEN is entitled to choose to correct the fault or provide a substitute delivery (subsequent performance). In order to carry out all measures which STÜKEN may deem necessary at their own reasonable discretion, the Customer undertakes after coordination with STÜKEN to allow the necessary time and opportunity, otherwise STÜKEN is released from the liability for defects. In the event that STÜKEN is not in the position to correct the fault or provide a substitute delivery or according to § 439 sect. 3 BGB 1923 Czech Commercial Code is entitled to refuse the subsequent performance, or there shall be a delay in the subsequent performance beyond a reasonable deadline, for which STÜKEN is responsible, or should the subsequent performance fail twice, then the Customer is entitled to choose to either withdraw from the contract or to demand a corresponding reduction in the purchase price. STÜKEN shall be released from any liability for any consequences resulting from any changes or further processing undertaken for instance on the part of the Customer or a third party without the prior consent of STÜKEN. In the event that a claim for subsequent performance is asserted against the Customer by his buyer or their buyers the Customer undertakes to give STÜKEN the opportunity to carry out the subsequent performance personally within a reasonable period of time. The Customer undertakes to impose this obligation on his buyer accordingly. Should the Customer be in breach of this obligation STÜKEN may reduce the reimbursement of expenses to the amount, which would have been incurred in the case of an own subsequent performance. Other claims of the Customer, in particular a claim for the replacement of damages, which have not been incurred on the object of delivery itself, are excluded. This exclusion of liability shall not apply in the case of wilful intent, gross negligence as well as in the case of culpable breach of essential contractual obligations, due to injury to life, the body or the health or in the case of a liability according to the German Product Liability Act. The claim for damages due to the breach of essential contractual obligations is, however, limited to the contractual- typical, reasonably foreseeable damage, which is in turn limited to a maximum of the value of the goods in the delivery concerned, insofar as the limitation is not excluded due to an act of wilful intent or gross negligence or due to an injury to life, the body or the health. Xxxxxxxx claims expire after 12 months. This does not apply if longer periods are mandatory by law, particularly for deficiencies in a building or product used in a building according to its general purpose causing the deficiencies. For damages resulting from injury to life, limb or health and in case of intent or gross negligence or other breach of essential contractual obligations (i. e. obligations whose fulfillment allow for the proper execution of the contract in the first place and on whose observance the customer regularly relies and may rely) caused by the legal representatives or executives of STÜKEN, sentence no. 1 does not apply. The statutory consequences of a breach of the commercial obligation for inspection and complaint (according to § 377 1921 and § 378 HGB1922 Czech Commercial Code) shall remain unaffected by this.

Liability for material defects. The liability of STÜKEN shall be limited to the agreed characteristics only (customer specification). Any applicable legal or normative requirements resulting from the special application must be clearly identified by the Customer and confirmed by STÜKEN. The responsibility for suitability and function lies exclusively with the Customer. The Customer shall fully inform STÜKEN, especially in the case of legal requirements, about the exact function as well as special requirements resulting from the use of the delivered STÜKEN products in the Customer's product, in written form before placing the order. Confirmation of the facts shall be made exclusively in writing by STÜKEN. The Customer undertakes to examine the goods immediately on receipt. STÜKEN is to be informed of any instance of non-conforming product immediately in writing no later than 10 days after receipt of goods. Non- visible defects are to be notified in writing no later than 10 days after being ascertained. In the case of a delay in the notification of the default there shall no longer be any warranty whatsoever. Claims for defects shall not exist in the case of a mere insignificant deviation of the agreed quality and in the case of a mere insignificant impairment of the usability. A desired heat treatment is carried out with the necessary care and appropriate means. Success of heat treatment, for example for absence of warpage and cracks, surface hardness, hardness penetration, curing, electroplating process etc., is not guaranteed in particular due to possible variations in hardenability of the material used, latent defects, disadvantageous shaping or because of any possible customer induced changes in the previous workflow. If heat treatment is unsuccessful without STÜKEN being responsible because STÜKEN was unaware of hidden faults in the raw material prior to the heat treatment or could not know about them or because properties of the material used, the shape or the condition of the workpieces hindered a successful heat treatment without STÜKEN knowing about this and could not know this, the piece price has to be paid nonetheless. Required subsequent treatments are charged separately under the above mentioned conditions. Prior to shipment the goods are checked in the customary scope or to the customer's specifications, respectively, at the STÜKEN facility. Further tests and analyses are carried out only by special agreement. The outgoing inspection at STÜKEN does not release the buyer from his obligation to an incoming inspection. Furthermore they shall not exist in the following cases: Unsuitable or improper use, faulty assembly by the Customer or a third party, natural wear and tear, faulty or negligent handling, excessive use, unsuitable production equipment and facilities, substitute materials, chemical, electro-chemical or electrical influences, insofar as they are not the result of a fault of STÜKEN. In the case of justified complaint STÜKEN is entitled to choose to correct the fault or provide a substitute delivery (subsequent performance). In order to carry out all measures which STÜKEN may deem necessary at their own reasonable discretion, the Customer undertakes after coordination with STÜKEN to allow the necessary time and opportunity, otherwise STÜKEN is released from the liability for defects. In the event that STÜKEN is not in the position to correct the fault or provide a substitute delivery or according to § 439 sect. 3 BGB is entitled to refuse the subsequent performance, or there shall be a delay in the subsequent performance beyond a reasonable deadline, for which STÜKEN is responsible, or should the subsequent performance fail twice, then the Customer is entitled to choose to either withdraw from the contract or to demand a corresponding reduction in the purchase price. STÜKEN shall be released from any liability for any consequences resulting from any changes or further processing undertaken for instance on the part of the Customer or a third party without the prior consent of STÜKEN. In the event that a claim for subsequent performance is asserted against the Customer by his buyer or their buyers the Customer undertakes to give STÜKEN the opportunity to carry out the subsequent performance personally within a reasonable period of time. The Customer undertakes to impose this obligation on his buyer accordingly. Should the Customer be in breach of this obligation STÜKEN may reduce the reimbursement of expenses to the amount, which would have been incurred in the case of an own subsequent performance. Other claims of the Customer, in particular a claim for the replacement of damages, which have not been incurred on the object of delivery itself, are excluded. This exclusion of liability shall not apply in the case of wilful intent, gross negligence as well as in the case of culpable breach of essential contractual obligations, due to injury to life, the body or the health or in the case of a liability according to the German Product Liability Act. The claim for damages due to the breach of essential contractual obligations is, however, limited to the contractual- typical, reasonably foreseeable damage, which is in turn limited to a maximum of the value of the goods in the delivery concerned, insofar as the limitation is not excluded due to an act of wilful intent or gross negligence or due to an injury to life, the body or the health. Xxxxxxxx Warranty claims expire after 12 months. This does not apply if longer periods are mandatory by law, particularly for deficiencies in a building or product used in a building according to its general purpose causing the deficiencies. For damages resulting from injury to life, limb or health and in case of intent or gross negligence or other breach of essential contractual obligations (i. e. obligations whose fulfillment allow for the proper execution of the contract in the first place and on whose observance the customer regularly relies and may rely) caused by the legal representatives or executives of STÜKEN, sentence no. 1 does not apply. The statutory consequences of a breach of the commercial obligation for inspection and complaint (according to § 377 and § 378 HGB) shall remain unaffected by this.

Liability for material defects. The liability of STÜKEN shall be limited to the agreed characteristics only (customer specification). Any applicable legal or normative requirements resulting from the special application must be clearly identified by the Customer and confirmed by STÜKEN. The responsibility for suitability and function lies exclusively with the Customer. The Customer shall fully inform STÜKEN, especially in the case of legal requirements, about the exact function as well as special requirements resulting from the use of the delivered STÜKEN products in the Customer's product, in written form before placing the order. Confirmation of the facts shall be made exclusively in writing by STÜKEN. The Customer undertakes to examine the goods immediately on receipt. STÜKEN is to be informed of any instance of non-conforming product immediately in writing no later than 10 days after receipt of goods. Non- visible defects are to be notified in writing no later than 10 days after being ascertained. In the case of a delay in the notification of the default there shall no longer be any warranty whatsoever. Claims for defects shall not exist in the case of a mere insignificant deviation of the agreed quality and in the case of a mere insignificant impairment of the usability. A desired heat treatment is carried out with the necessary care and appropriate means. Success of heat treatment, for example for absence of warpage and cracks, surface hardness, hardness penetration, curing, electroplating process etc., is not guaranteed in particular due to possible variations in hardenability of the material used, latent defects, disadvantageous shaping or because of any possible customer induced changes in the previous workflow. If heat treatment is unsuccessful without STÜKEN being responsible because STÜKEN was unaware of hidden faults in the raw material prior to the heat treatment or could not know about them or because properties of the material used, the shape or the condition of the workpieces hindered a successful heat treatment without STÜKEN knowing about this and could not know this, the piece price has to be paid nonetheless. Required subsequent treatments are charged separately under the above mentioned conditions. It is possible for the material compositions contained in the base materials to pass directly through STÜKEN. The requirements according to Xxxxx X (2017/745/EU, MDR) cannot be warranted in its entirety by STÜKEN, nor can any liabilities for damages be assumed that may result from an excessive concentration of elements/substances according to this regulation. Prior to shipment the goods are checked in the customary scope or to the customer's specifications, respectively, at the STÜKEN facility. Further tests and analyses are carried out only by special agreement. The outgoing inspection at STÜKEN does not release the buyer from his obligation to an incoming inspection. Furthermore they shall not exist in the following cases: Unsuitable or improper use, faulty assembly by the Customer or a third party, natural wear and tear, faulty or negligent handling, excessive use, unsuitable production equipment and facilities, substitute materials, chemical, electro-chemical or electrical influences, insofar as they are not the result of a fault of STÜKEN. In the case of justified complaint STÜKEN is entitled to choose to correct the fault or provide a substitute delivery (subsequent performance). In order to carry out all measures which STÜKEN may deem necessary at their own reasonable discretion, the Customer undertakes after coordination with STÜKEN to allow the necessary time and opportunity, otherwise STÜKEN is released from the liability for defects. In the event that STÜKEN is not in the position to correct the fault or provide a substitute delivery or according to § 439 sect. 3 BGB is entitled to refuse the subsequent performance, or there shall be a delay in the subsequent performance beyond a reasonable deadline, for which STÜKEN is responsible, or should the subsequent performance fail twice, then the Customer is entitled to choose to either withdraw from the contract or to demand a corresponding reduction in the purchase price. STÜKEN shall be released from any liability for any consequences resulting from any changes or further processing undertaken for instance on the part of the Customer or a third party without the prior consent of STÜKEN. In the event that a claim for subsequent performance is asserted against the Customer by his buyer or their buyers the Customer undertakes to give STÜKEN the opportunity to carry out the subsequent performance personally within a reasonable period of time. The Customer undertakes to impose this obligation on his buyer accordingly. Should the Customer be in breach of this obligation STÜKEN may reduce the reimbursement of expenses to the amount, which would have been incurred in the case of an own subsequent performance. Other claims of the Customer, in particular a claim for the replacement of damages, which have not been incurred on the object of delivery itself, are excluded. This exclusion of liability shall not apply in the case of wilful intent, gross negligence as well as in the case of culpable breach of essential contractual obligations, due to injury to life, the body or the health or in the case of a liability according to the German Product Liability Act. The claim for damages due to the breach of essential contractual obligations is, however, limited to the contractual- typical, reasonably foreseeable damage, which is in turn limited to a maximum of the value of the goods in the delivery concerned, insofar as the limitation is not excluded due to an act of wilful intent or gross negligence or due to an injury to life, the body or the health. Xxxxxxxx claims expire after 12 months. This does not apply if longer periods are mandatory by law, particularly for deficiencies in a building or product used in a building according to its general purpose causing the deficiencies. For damages resulting from injury to life, limb or health and in case of intent or gross negligence or other breach of essential contractual obligations (i. e. obligations whose fulfillment allow for the proper execution of the contract in the first place and on whose observance the customer regularly relies and may rely) caused by the legal representatives or executives of STÜKEN, sentence no. 1 does not apply. The statutory consequences of a breach of the commercial obligation for inspection and complaint (according to § 377 and § 378 HGB) shall remain unaffected by this.

Liability for material defects. The liability of STÜKEN shall Raw material manufacturers do not warrant their products to totally exclude material inclusions, overlaps or rolling defects. Irregularities in the strip material may therefore result in deep draw parabolas, material overlaps or fissures in the deep drawn product. Should the potential for surface defects be limited deemed detrimental to the agreed characteristics only component function, then 100% secondary inspection (customer specification). Any applicable legal manual or normative requirements resulting from the special application automated) must be clearly identified by the Customer considered and confirmed by STÜKENquoted separately. The responsibility for suitability and function lies exclusively with the Customer. The Customer shall fully inform STÜKEN, especially We refer to DIN 50602 in the case of legal requirements, about the exact function as well as special requirements resulting from the use of the delivered STÜKEN products in the Customer's product, in written form before placing the order. Confirmation of the facts shall be made exclusively in writing by STÜKENthis context. The Customer undertakes to examine the goods immediately on receipt. STÜKEN STUEKEN is to be informed of any instance case of non-conforming product immediately in writing no later than 10 days after receipt of goods. Non- visible defects are to be notified in writing no later than 10 days after being ascertained. In the case of a delay in the notification of the default there shall no longer be any warranty whatsoever. Claims for defects shall not exist in the case of a mere insignificant deviation of the agreed quality and in the case of a mere insignificant impairment of the usability. A desired heat treatment is carried out with the necessary care and appropriate means. Success of heat treatment, for example for absence of warpage and cracks, surface hardness, hardness penetration, curing, electroplating process etc., is not guaranteed in particular due to possible variations in hardenability of the material used, latent defects, disadvantageous shaping or because of any possible customer induced changes in the previous workflow. If heat treatment is unsuccessful without STÜKEN being responsible because STÜKEN was unaware of hidden faults in the raw material prior to the heat treatment or could not know about them or because properties of the material used, the shape or the condition of the workpieces hindered a successful heat treatment without STÜKEN knowing about this and could not know this, the piece price has to be paid nonetheless. Required subsequent treatments are charged separately under the above mentioned conditions. Prior to shipment the goods are checked in the customary scope or to the customer's specifications, respectively, at the STÜKEN STUEKEN facility. Further tests and analyses are carried out only by special agreement. The outgoing inspection at STÜKEN STUEKEN does not release the buyer from his obligation to an incoming inspection. .. Furthermore they claims for defects shall not exist in the following cases: Unsuitable or improper use, faulty assembly by the Customer or a third party, natural wear and tear, faulty or negligent handling, excessive use, unsuitable production equipment and facilities, substitute materials, chemical, electro-chemical or electrical influences, insofar as they are not the result of a fault of STÜKENSTUEKEN. In the case of justified complaint STÜKEN STUEKEN is entitled to choose to correct the fault or provide a substitute delivery (subsequent performance). In order to carry out all measures which STÜKEN STUEKEN may deem necessary at their own reasonable discretion, the Customer undertakes after coordination with STÜKEN STUEKEN to allow the necessary time and opportunity, otherwise STÜKEN STUEKEN is released from the liability for defects. In the event that STÜKEN STUEKEN is not in the position to correct the fault rework or provide a substitute delivery replace deficient goods or according to § 439 sect. 3 BGB is entitled to refuse the subsequent performance, or there shall be a delay in the subsequent performance beyond a reasonable deadline, for which STÜKEN STUEKEN is responsible, or should the subsequent performance fail twice, then the Customer is entitled to choose to either withdraw from terminate the contract or to demand a corresponding reduction in the purchase price. STÜKEN STUEKEN shall be released from any liability for any consequences resulting from any changes or further processing undertaken for instance on the part of the Customer or a third party without the prior consent of STÜKENSTUEKEN. In the event that a claim for subsequent performance is asserted against the Customer by his buyer or their buyers the Customer undertakes to give STÜKEN STUEKEN the opportunity to carry out the subsequent performance personally within a reasonable period of time. The Customer undertakes to impose this obligation on his buyer accordingly. Should the Customer be in breach of this obligation STÜKEN STUEKEN may reduce the reimbursement of expenses to the amount, which would have been incurred in the case of an own subsequent performance. Other claims of the Customer, in particular a claim for the replacement of compensation for damages, which have not been incurred on the object of delivery itself, are excluded. This exclusion of liability shall not apply in the case of wilful willful intent, gross negligence as well as in the case of culpable breach of essential essential, insofar as the limitation is not excluded due to an act of willful intent or gross negligence or due to an contractual obligations, due to injury to life, the body or the health or in the case of a liability according to the German Product Liability Acthealth. The claim for damages due to the breach of essential contractual obligations is, however, limited to the contractual- contractual-typical, reasonably foreseeable damage, which is in turn limited to a maximum of the value of the goods in the delivery concerned, insofar as the limitation is not excluded due to an act of wilful intent or gross negligence or due to an concerned injury to life, the body or the health. Xxxxxxxx claims expire after 12 months. This does not apply if longer periods are mandatory by law, particularly for deficiencies in a building or product used in a building according to its general purpose causing the deficiencies. For damages resulting from injury to life, limb or health and in case of intent or gross negligence or other breach of essential contractual obligations (i. e. obligations whose fulfillment allow for the proper execution of the contract in the first place and on whose observance the customer regularly relies and may rely) caused by the legal representatives or executives of STÜKEN, sentence no. 1 does not apply. The statutory consequences of a breach of the commercial obligation for inspection and complaint (according to § 377 and § 378 HGB) shall remain unaffected by this.contractual

Liability for material defects. The liability of STÜKEN shall be limited to the agreed characteristics only (customer specification). Any applicable legal or normative requirements resulting from the special application must be clearly identified by the Customer and confirmed by STÜKEN. The responsibility for suitability and function lies exclusively with the Customer. The Customer shall fully inform STÜKEN, especially in the case of legal requirements, about the exact function as well as special requirements resulting from the use of the delivered STÜKEN products in the Customer's product, in written form before placing the order. Confirmation of the facts shall be made exclusively in writing by STÜKEN. The Customer undertakes to examine the goods immediately on receipt. STÜKEN is to be informed of any instance of non-conforming product immediately in writing no later than 10 days after receipt of goods. Non- visible defects are to be notified in writing no later than 10 days after being ascertained. In the case of a delay in the notification of the default there shall no longer be any warranty whatsoever. Claims for defects shall not exist in the case of a mere insignificant deviation of the agreed quality and in the case of a mere insignificant impairment of the usability. A desired heat treatment is carried out with the necessary care and appropriate means. Success of heat treatment, for example for absence of warpage and cracks, surface hardness, hardness penetration, curing, electroplating process etc., is not guaranteed in particular due to possible variations in hardenability of the material used, latent defects, disadvantageous shaping or because of any possible customer induced changes in the previous workflow. If heat treatment is unsuccessful without STÜKEN being responsible because STÜKEN was unaware of hidden faults in the raw material prior to the heat treatment or could not know about them or because properties of the material used, the shape or the condition of the workpieces hindered a successful heat treatment without STÜKEN knowing about this and could not know this, the piece price has to be paid nonetheless. Required subsequent treatments are charged separately under the above mentioned conditions. It is possible for the material compositions contained in the base materials to pass directly through STÜKEN. The requirements according to Annex I (2017/745/EU, MDR) cannot be warranted in its entirety by STÜKEN, nor can any liabilities for damages be assumed that may result from an excessive concentration of elements/substances according to this regulation. Prior to shipment the goods are checked in the customary scope or to the customer's specifications, respectively, at the STÜKEN facility. Further tests and analyses are carried out only by special agreement. The outgoing inspection at STÜKEN does not release the buyer from his obligation to an incoming inspection. Furthermore they shall not exist in the following cases: Unsuitable or improper use, faulty assembly by the Customer or a third party, natural wear and tear, faulty or negligent handling, excessive use, unsuitable production equipment and facilities, substitute materials, chemical, electro-chemical or electrical influences, insofar as they are not the result of a fault of STÜKEN. In the case of justified complaint STÜKEN is entitled to choose to correct the fault or provide a substitute delivery (subsequent performance). In order to carry out all measures which STÜKEN may deem necessary at their own reasonable discretion, the Customer undertakes after coordination with STÜKEN to allow the necessary time and opportunity, otherwise STÜKEN is released from the liability for defects. In the event that STÜKEN is not in the position to correct the fault or provide a substitute delivery or according to § 439 sect. 3 BGB is entitled to refuse the subsequent performance, or there shall be a delay in the subsequent performance beyond a reasonable deadline, for which STÜKEN is responsible, or should the subsequent performance fail twice, then the Customer is entitled to choose to either withdraw from the contract or to demand a corresponding reduction in the purchase price. STÜKEN shall be released from any liability for any consequences resulting from any changes or further processing undertaken for instance on the part of the Customer or a third party without the prior consent of STÜKEN. In the event that a claim for subsequent performance is asserted against the Customer by his buyer or their buyers the Customer undertakes to give STÜKEN the opportunity to carry out the subsequent performance personally within a reasonable period of time. The Customer undertakes to impose this obligation on his buyer accordingly. Should the Customer be in breach of this obligation STÜKEN may reduce the reimbursement of expenses to the amount, which would have been incurred in the case of an own subsequent performance. Other claims of the Customer, in particular a claim for the replacement of damages, which have not been incurred on the object of delivery itself, are excluded. This exclusion of liability shall not apply in the case of wilful intent, gross negligence as well as in the case of culpable breach of essential contractual obligations, due to injury to life, the body or the health or in the case of a liability according to the German Product Liability Act. The claim for damages due to the breach of essential contractual obligations is, however, limited to the contractual- typical, reasonably foreseeable damage, which is in turn limited to a maximum of the value of the goods in the delivery concerned, insofar as the limitation is not excluded due to an act of wilful intent or gross negligence or due to an injury to life, the body or the health. Xxxxxxxx Warranty claims expire after 12 months. This does not apply if longer periods are mandatory by law, particularly for deficiencies in a building or product used in a building according to its general purpose causing the deficiencies. For damages resulting from injury to life, limb or health and in case of intent or gross negligence or other breach of essential contractual obligations (i. e. obligations whose fulfillment allow for the proper execution of the contract in the first place and on whose observance the customer regularly relies and may rely) caused by the legal representatives or executives of STÜKEN, sentence no. 1 does not apply. The statutory consequences of a breach of the commercial obligation for inspection and complaint (according to § 377 and § 378 HGB) shall remain unaffected by this.