§ 9 Warranty and rights of the customer in case of defects
(1) We only warrant the conformity of the products delivered and services rendered by us with the regulations and standards applicable to Germany. We do not warrant for compliance with other national regulations.
(2) Your rights in the event of material defects or legal defects (including wrong and short delivery as well as improper assembly or defective assembly instructions) shall be governed by the statutory provisions, in particular §§ 434 et seq. German Civil Code (BGB), unless otherwise stipulated below.
(3) If the delivered item is defective, we shall make a replacement delivery or rectify the defect (rectification measures). You shall grant us the opportunity to do so within a reasonable period of at least 10 working days. You shall hand over to us the rejected goods for inspection purposes. In the event of a replacement delivery, you shall return the defective item to us in accordance with the statutory provisions. Rectification measures shall not include the removal of the defective item or its re-installation if we were not originally obliged to install it.
(4) If you are an entrepreneur or merchant, we shall be entitled to choose the type of rectification measures.
(5) We shall bear the expenses necessary for the purpose of inspection and rectification measures, in particular transport, travel, labor, and material costs (not: removal cost or installation costs), if there is a defect, provided that the expenses are not increased by the fact that the object of the delivery has subsequently been taken to a place other than the original place of delivery, unless the transfer corresponds to its intended use. If there is no actual defect, we shall be entitled to demand reimbursement of the costs incurred as a result of the unjustified request for rectification of the defect (in particular inspection and transport costs), unless the absence of defect was not apparent to you as the customer.
(6) If the rectification measures fail, you may reduce the remuneration or withdraw from the contract. In the case of an insignificant defect, there is no right of withdrawal. If you are a consumer the rules set out in § 475d of the German Civil Code (BGB) also apply. If you are an entrepreneur or merchant, however, withdrawal shall only be permissible if you first provide us with a warning in text form together with a reasonable further period of grace.
(7) Claims of the customer for damages or reimbursement of futile expenses shall also exist in the case of defects only in accordance with § 10 para. 2 and shall otherwise be excluded. The above exclusion shall not apply if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods. Your claims under the German Product Liability Act (“Produkthaftungsgesetz”) shall also remain unaffected.
(8) If you are a consumer the statutory limitation period pursuant to § 438 (1) of the German Civil Code (BGB) shall apply to statutory claims for defects. If you are an entrepreneur or merchant, the limitation period shall be 1 year.
(9) If you are a merchant, your claims for defects shall be subject to the condition that you have complied with your statutory obligations to examine the goods and give notice of defects (§§ 377, 381 German Commercial Code, HGB). If a defect becomes apparent during the inspection or later, we must be notified of this in text form without delay, but in any case, within one week. Dispatch of the notification in good time shall be sufficient to preserve the rights. Irrespective of this obligation to inspect and give notice of defects, you must notify us of obvious defects (including incorrect and short deliveries) in text form without delay, but in any case, within one week, whereby dispatch of the notification in good time shall also suffice here to meet the deadline. If you fail to duly inspect the goods and/or give notice of defects, our liability for the non-disclosed defect shall be excluded.