We shall be liable for free-of-defects manufacture of the goods delivered by us.
We shall not be liable for defects caused by improper or inexpert use, incorrect assembly or commissioning by the partner or any third party, usual wear and tear, incorrect or careless treatment, and also not for the consequences of inexpert alterations or maintenance by the partner or any third party made without our consent. The same shall apply to defects that just insignificantly reduce the goods‘ value or fitness for use.
Claims for defects under Section 437 of the German Civil Code (BGB) shall become statute barred after one year after delivery.
The partner shall without delay upon receipt of the goods at the place of destination, however, at the latest within two weeks of receipt, notify us in writing of any obvious or noticeable defects, and forthwith upon detection of any hidden defect.
In the event of a justified notification of defects given in time we shall at our choice remedy or supply fault-free replacement of the goods complained about.
If, within a reasonable period of time, we fail to discharge of these obligations or fail to discharge of them as contractually agreed, the Partner shall be entitled to fix a final time-limit within which we must discharge of our obligations. Upon unsuccessful expiry of the time-limit, the partner shall be entitled to demand reduction of the price, rescind the contractor do the necessary subsequent improvement itself or have it done by a third party at our expense and risk. If subsequent improvement has been successfully effected by the partner or a third party, then any and all of the partner’s claims shall be deemed to have been settled upon refunding of the reasonable expenses the partner has incurred. Expenses shall not be refunded to the extent they have increased because the goods have been brought to another place after delivery by us, unless where this means use of the goods as intended.