Lieferantenregress (1). Unsere gesetzlich bestimmten Regressansprüche innerhalb einer Lieferkette (Lie- ferantenregress gemäß §§ 478, 479 BGB) stehen uns neben den Mängelansprüchen uneingeschränkt zu. Wir sind insbesondere berechtigt, genau die Art der Nacherfül- (2) In accordance with the legal regulations, the Supplier accepts liability for ensuring that the Goods possess the agreed quality when the risk is transferred to us. Any prod- uct descriptions that, in particular by being described or referred to in our order, form the subject of the relevant contract, or have been incorporated in the contract in the same way as these GPC, will, in any event, be deemed an agreement concerning said quality. It makes no difference in this regard whether the product description originated from us, the Supplier or the manufacturer. (3) Notwithstanding Section 442 (1)(2) of the German Civil Code (BGB), we will also be entitled to make unlimited warranty claims for defects in the event that the defect remains unknown to us at the time the contract is concluded as a result of gross neg- ligence. (4) The legal regulations (Sections 377 and 381 of the German Commercial Code (HGB)) apply to the commercial duty to inspect and report subject to the following re- striction: Our duty of inspection is restricted to defects that come to light during our incoming goods inspection as a result of external examination, including of the delivery papers, or that are identified through random checks made during our quality control (e.g. transport damage, incorrect or incomplete delivery). If acceptance has been agreed, there is no duty of inspection. It also depends on the extent to which an in- spection is possible given the circumstances of the individual case in the ordinary course of business. Our duty to report any defects discovered subsequently remains unaffected. In all cases, our complaint (notice of defects) will be deemed to have been submitted without undue delay and in a timely manner if it is received within 30 working days. (5) The costs incurred for inspection and supplementary performance (including any disassembly and installation costs) will be borne by the Supplier even if it transpires that there were in fact no defects. Our liability for damages in the event of an unwar- ranted request to remedy a defect remains unaffected. We will, however, only be held liable insofar as we have recognised or have failed to recognise, in a grossly negligent manner, that there were no defects. (6) If th...
