Common use of Warranty Clause in Contracts

Warranty. 1. Unless otherwise agreed, the warranty period shall be 12 months from the handover/delivery of the object of purchase to the Buyer; for spare parts as well as for repairs and spare parts deliveries made after the expiry of the original warranty period, the warranty period shall be 6 months. Excluded from this are claims for defects by consumers as well as claims for damages due to injury to life, body or health and/or claims for damages due to grossly negligent or intentional damage caused by us. In this respect, the statutory limitation periods shall apply. 2. Our warranty extends exclusively to material and manufacturing defects. 3. The warranty shall commence on the date of delivery in the case of materials, software, components, spare parts and instruments, and on the date of completion of our activities in the case of measures whose assembly or installation is carried out by us. This shall be notified by us in writing, otherwise from the date of acceptance. Material- related deviations in quality, dimensions and quantities shall not constitute grounds for complaint. Liability for defects under the warranty does not apply to natural wear and tear, nor to damage occurring after delivery as a result of incorrect or negligent handling, excessive stress, chemical, electrochemical, electrical or atmospheric influences. 4. If the complaint about the goods is based on drawings made by us, complaints relating to the drawings are excluded insofar as the customer approved the drawings before the work was carried out. 5. We warrant that the software conforms to the specifications set out by us in the associated programme documentation and has been produced with due care and skill. Nevertheless, according to the current state of the art, the complete exclusion of errors in the software is not possible. The responsibility for the selection of the software functions, the use as well as the results achieved with it is borne by the purchaser. We shall correct software errors which impair the intended use to a more than insignificant extent, at our discretion and depending on the significance of the error, either by supplying an improved software version or by providing information on how to eliminate or circumvent the effects of the error. 6. In the case of components and instruments, any warranty shall lapse if a component or instrument is tampered with without our prior express written consent. In addition, the warranty shall expire if the service and maintenance intervals prescribed by us are not observed. Intervention is deemed to have taken place in particular if the instrument is opened, microelectronic components are replaced, etc. Notifications of defects must be made within eight days of receipt or occurrence of the defect. Otherwise, the goods shall be deemed accepted. 7. Furthermore, notifications of defects must be made in writing before the goods delivered by us are processed or used, giving precise details of the individual defect found, and in particular do not release the customer from the obligation to pay. If the complaint is justified, the buyer may only demand rectification of the defect, but not a reduction in the purchase price, cancellation of the contract or payment of damages or a replacement delivery. However, instead of rectifying the defect, we shall be entitled to deliver goods free of defects or to provide compensation for the reduced value. The measured values, performance values or test specifications of the materials or products supplied by us are always laboratory values. These may deviate from the buyer's values due to special operating conditions. 8. We point out that some products contain selected and carefully overhauled parts which correspond to new parts in their performance.