VII. Notice of defects and warranty
For any defects of the goods and for the lack of assured properties, we grant warranty according to the following rules:
- Provided that our pre-supplier provides a warranty to the Customer, our acceptance of warranty is excluded.
- The contractual condition of the goods shall be determined at the time of delivery to the forwarder or carrier, at the latest the time when the goods leave the delivering works or the warehouse.
- The Customer must inspect the goods immediately after delivery with reasonable thoroughness under the given circumstances: any defects thus ascertainable must be reported in writing without delay, at the latest after 8 days from the date of delivery. This also applies to the lack of assured properties. Defects, which can even after careful inspection not be discovered within this time period, shall be notified to us in writing immediately on discovery, at the latest before expiry of the warranty period. If defects are discovered, the use of the goods has to be discontinued at once. After the performance of an agreed acceptance of the goods by the Customer, notices of defects, which were detectable by the agreed form of acceptance, are excluded.
- If a justified notice of defects is made in due time, we provide guarantee in that we either repair or at our choice re-deliver those components which have become unusable within 6 months from the date of delivery as a result of a circumstance prior to the transfer of risk – in particular due to faulty design, poor building materials or defective execution. Alternatively, we are also entitled to compensate the reduced value.
- In case we do not fulfill our obligation to rectify defects or to replace defective parts or if we do not perform such obligations in accordance with the contract, the Customer shall be entitled to rescind the contract or demand the reduction of the remuneration.
- If the Customer does not immediately give us the opportunity to verify the defect, and, in particular, fails to furnish the defective goods or samples immediately upon our request, no claims for defects can be requested.
- Claims for defects shall be subject to a limitation period of 3 months at the latest after the written refusal of the claim of defects by us. Our entering into negotiations about any complaints does not mean that we waive our right to object that the notice of defects was not submitted in good time, was unfounded or was otherwise inadequate.
- Further claims shall be excluded; this applies in particular to claims for damages that have not occurred on the goods as such (consequential damages) unless the Customer should be protected by assured properties against this particular type of damage.
- The above terms shall also apply for the delivery of goods other than contractually agreed goods.
IX. Place of performance, place of jurisdiction and applicable law
The place of performance is the designated headquarters of the Seller. Jurisdiction is the District Court Prüm, or the higher Regional Court of Trier. We shall, however, also be entitled to take legal proceedings against the Customer at his place of jurisdiction. Any and all legal relationships between us and the Customer are exclusively governed by the laws of the Federal Republic of Germany.
In the event that individual provisions of these Terms and Conditions are ineffective, then the validity of the other provisions shall not be affected.