Supplier recourse. 8.1 esz AG is entitled to the statutory rights of recourse within the supply chain without restriction in addition to the claims for defects. In particular, esz AG shall be entitled to demand from the supplier exactly the type of subsequent performance that esz AG owes to its customer in the individual case.
8.2 Before esz AG acknowledges or fulfills a claim for defects by the customer, it shall inform the supplier and submit a brief description of the facts, together with a request for a written statement. If this does not take place within a reasonable period of time and/or if no amicable solution is found, the claim for defects granted by esz AG shall be deemed to be owed to the customer; in this case, the supplier shall bear the burden of proof to the contrary.
8.3 The rights of recourse of esz AG shall also apply if the goods have been further processed before being sold to an end user, e.g. by incorporation into another product, whether by esz AG itself or one of its customers.
8.4 The limitation period for recourse claims shall commence at the earliest 2 months after the date on which mit der Bitte um schriftliche Stellungnahme. Erfolgt diese nicht innerhalb einer angemessenen Frist und/oder wird keine einvernehmliche Lösung gefunden, gilt der von der esz AG gewährte Mangelanspruch als dem Abnehmer geschuldet; der Lieferant trägt in diesem Fall die Beweislast für das Gegenteil.
Supplier recourse. (1) We have an unrestricted statutory right to claims for expenses and recourse within a supply chain (supplier recourse in accordance with Sections 478, 445a, 445b or Sections 445c, 327 paragraph 5, 327u BGB) in addition to a right to claims for defects. In particular, we are entitled to demand exactly the type of subsequent performance (repair or replacement delivery) from the seller that we owe our customer in the individual case; in the case of goods with digital elements or other digital content, this also applies with regard to the provision of necessary updates. Our statutory right to choose (Section 439 paragraph 1 BGB) is not restricted by this.
(2) Before we recognize or fulfill a claim for defects asserted by our customer (including reimbursement of expenses in accordance with Sections 445a paragraph 1, 439 paragraphs 2, 3, 6 sentence 2, 475 paragraph 4 BGB), we shall notify the seller and ask for a written statement with a brief explanation of the facts. If a substantiated statement is not made within a reasonable period of time and no amicable solution is brought about, the claim for defects actually granted by us is deemed to be owed to our customer. In this case, the seller is responsible for providing counter-evidence.
(3) Our claims from supplier recourse also apply if the defective goods have been connected to another product or processed in any other way by us, our customer or a third party, e.g. by fitting, attachment or installation.
Supplier recourse. (1) We shall be entitled to our statutory rights of recourse within a supply chain (supplier recourse pursuant to §§ 445a, 445b, 478 BGB) with- out restriction in addition to the claims for defects. We shall be enti- tled to demand from the Seller exactly the type of subsequent per- formance (repair or replacement) that we owe to our customer in the individual case. Our statutory right of choice (§ 439 para. 1 BGB) shall not be limited hereby.
(2) Before we acknowledge or fulfill a claim for defects asserted by our customer (including reimbursement of expenses pursuant to §§ 445a) para. 1, 439 paras. 2 and 3 BGB), we shall notify the Seller and ask for a written statement, briefly explaining the facts of the case. If a substantiated statement is not made within a reasonable period of time and if no amicable solution is reached, the defect per- formance actually provided to our customer shall also be deemed to be owed; in this case, the Seller shall be responsible for proving the contrary.
(3) Our claims from supplier recourse shall also apply if the defective goods have been further processed by us or by one of our custom- ers, e.g., by incorporation into another product.
Supplier recourse. 9.1 In addition to claims for defects, Xxxxxxxxxxx reserves the right to assert statutory claims for the reimbursement of expenses and recourse within a supply chain (supplier recourse in accordance with Sections 478, 445a, 445b and 445c, 327(5), 327u BGB) without restriction. In particular, Xxxxxxxxxxx is entitled to seek precisely the nature of subsequent performance (rectification or replacement delivery) from the Supplier that Eimermacher owes its customer in each individual case. Xxxxxxxxxxx'x right to choose in accordance with Section 439(1) BGB is not limited by the above clause.
9.2 Before Xxxxxxxxxxx acknowledges or satisfies a claim for defects asserted by its customer (including the reimbursement of expenses in accordance with Sections 445a(1), 439(2), (3), (6)(2), 475(4) BGB), Xxxxxxxxxxx must notify the Supplier and request a written statement clarifying the matter at hand. If a substantiated statement is not provided by the Supplier within a reasonable grace period and no amicable solution is reached, the claim for defects granted by Xxxxxxxxxxx will be considered owed to the customer. In this scenario, the Supplier bears responsibility for providing evidence to the contrary.
9.3 Xxxxxxxxxxx’x claims arising from supplier regress likewise apply if the defective goods have been combined with another project or otherwise processed by Xxxxxxxxxxx, its customer or a third party.
Supplier recourse. 10.1 The legally determined recourse claims within a supply chain (supplier recourse according to Sections 445a, 445b, 478 BGB) are available to the Purchaser without restriction in addition to the defect- related claims. In particular, the Purchaser shall be entitled to demand from the Supplier exactly the type of subsequent performance (repair or replacement delivery) which the Purchaser owes to its customer in the individual case. The statutory right of choice of the Purchaser (Section 439 para. 1 BGB) shall remain unaffected.
10.2 Before the Purchaser acknowledges or fulfils a defect-related claim asserted by its customer (including reimbursement of expenses pursuant to Sections 445a (1), 439 (2) and (3) BGB), the Purchaser shall notify the Supplier and request a written statement, briefly setting out the facts of the case. If a substantiated statement is not made within a reasonable period of time and if no amicable solution is brought about, the defected-related claim actually accepted by the Purchaser shall be deemed to be owed to its customer. In this case, the Supplier bears the burden of proof to provide evidence to the contrary.
10.3 The Purchaser’s claims from supplier recourse shall also apply if the defective Goods have been further processed by the Purchaser or another entrepreneur.
Supplier recourse. (1) We are also entitled to our legally determined rights of recourse within a supply chain (recourse against suppliers pursuant to Sections 478 and 479 BGB) without re- striction in addition to the claims for defects. In particular, we are entitled to demand