Warranty, liability for defects. 13.1 The period for asserting warranty claims regarding merchantable quality lasts 12 months. After that, any warranty claims are precluded. The period starts with the dispatch of the delivery ex works or possibly at the agreed formal acceptance of the goods to be delivered and the services to be provided or, if Thonauer assumes responsibility for installation, upon completion thereof. If dispatch or acceptance or installation are delayed for reasons beyond Xxxxxxxx’x control, the period for asserting warranty claims regarding merchantable quality shall end no later than 15 months after the invoice date. If a machine or spare parts are stored temporarily at an official Thonauer agency or displayed at an exhibition, the period for asserting warranty claims regarding merchantable quality shall end no later than 15 months after the invoice date. No warranty is given for wearing parts. The warranty claims expire prematurely if the Customer or a third party has inappropriate modifications or repairs undertaken by specialists not acknowledged by Xxxxxxxx or if the Customer, in case of a defect, does not immediately take all suitable steps to mitigate the damage and does not give Xxxxxxxx the opportunity to remedy the defect.
