Warranty for Material Defects. 8.1 The purchaser shall check the goods immediately after receipt for possible defects. Obvious defects are to be reported to the Supplier within 5 working days in writing, hidden defects within 5 days after detection. If the client waives such notification, the goods are deemed as accepted and approved, unless there is a deficiency that could not be detected. Products with hidden defects that are notified beyond the notification period are deemed as accepted, also with view of the defect.
8.2 It shall be at the Supplier’s discretion to repair or replace defective items which are reported to the Supplier within 24 months after passing of risk (acc. to Item 5), whereas such Supplier’s discretion is not waived even after repeated unsatisfactory repairs. The Supplier must be given appropriate time and access to effect repairs.
8.3 The purchaser has the right to rescind the purchase order or demand a price reduction (decrease in the order value), if the defect cannot be repaired within an appropriate period of time. Rescission is precluded if the defect is insignificant acc. to Section 325 para. 5 sent. 2 German Civil Code (BGB), possibly in conjunction with Section 326 para. 5 German Civil Code (BGB). 04 / 2024
8.4 In the case of items with defects, which could have been detected by the purchaser at reasonable effort before installing or incorporating them, all warranty claims for defective materials are voided as soon as the product has been installed or incorporated. This does not apply in the case of culpable intent, gross negligence or injury to life, body or health on the Supplier’s part, or their managing agents’, consultants’ or contractors’, or in the event of liability for the breach of a major contractual duty or where liability pursuant to product liability law is mandatory.
8.5 No warranty claims will be accepted for a predetermined lifetime of products, especially under extreme or unknown operating conditions. Claims for the premature failure of the product are precluded.
8.6 In the case of products, which have been manufactured in accordance with customers’ drawings and specifications, Supplier warranty for materials defects only extends to include compliance with the specification. Statutory liability pursuant to product liability law as well as liability for intentional and gross negligence is not affected.
8.7 The warranty for material defects does not cover normal wear and tear or damage caused by faulty or negligent maintenance or inappropr...
Warranty for Material Defects. 1. Relevant for the quality and finish of all goods are the extrusion samples, which the customer makes available to the supplier for examination and reference as requested. Any reference to technical standards is an aid to define product quality and is not to be interpreted as a definition of prod- uct integrity.
2. When the supplier has advised the customer beyond his contractual obli- gation, he only warrants the functionality and suitability of the supplied goods after prior express assurance.
3. Defects are to be notified without delay, hidden defects are to be noted im- mediately after discovery. In either case the warranty only extends to one year after risk transfer, unless agreed to differently or if the statutory limit of § 438 para. 1 clause 2, § 479 para. 1 and § 634a para. 1 clause 2 of the German Common Law (BGB) proscribes longer warranty periods as mandatory.
4. The supplier must re-supply if the warranty claims are found to be justified - in which case the production samples released by the customer deter- mine the expected quality and finish. The customer is entitled to reduce the purchase price or rescind the contract if the supplier does not fulfil his du- ty to re-supply within a reasonable period or replacements fail repeatedly. Further claims, in particular claims for loss or damages due to defective supplies or subsequent resulting damages are regulated by section VII. Replaced parts are to be returned to the supplier at his request and cost.
5. Unauthorized re-working and improper handling of defective parts result in the loss of any right to claims for compensation due to defective parts. The customer is entitled, after prior consultation with the supplier, to repair defective parts to avoid much larger damage or if the supplier fails to make good the defects and to demand compensation for appropriate costs.
6. Normal wear and tear caused by contractual usage does not imply any rights to make warranty claims.
7. Rights to referred warranty provisions according to §§ 478, 479 of Federal Common Law (BGB) only allow the consumer to make claims within the scope of the legislation and do not regulate the understanding of good will provisions with the supplier and assume that any party with referred war- ranty rights will duly observe their duty, in particular the duty to report de- fects.
Warranty for Material Defects. 1. Warranty rights and obligation vis-à-vis consumers (Verbraucher) shall be governed by applicable statutory law.
2. The warranty for companies is limited as follows:
a) You must carefully inspect the Product immediately after it has been sent to you. The Product shall be considered to be accepted by you if no defect in the Product is reported (i) within five working days following delivery in the case of obvious defects, or (ii) otherwise within five working days following discovery of the defect.
b) Warranty claims can be asserted within 12 months following transfer of risk.
c) If you detect a defect in the data storage medium or a Product fault within the 12-month warranty period, we ask that you return the faulty item to the supplier. Enclose a copy of your receipt or other proof that the warranty period has not yet expired. The faulty item will be either repaired or replaced once the defect or fault has been confirmed.