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The statutory regulations shall govern the rights of the Buyer in the event of the goods supplied by the Seller being affected by quality or legal defects, unless specified otherwise in the following.
(1) Upon receipt the Buyer has to inspect the goods he has received for defects without undue delay. He has to notify the Seller of manifest defects in writing without undue delay within ten (10) working days (Monday to Friday) from receipt at the latest. He must notify concealed defects in writing within seven (7) working days from discovery. Otherwise the delivery shall be regarded as having been approved..
(2) The Buyer shall have to allow the Seller an opportunity to verify the defect and in particular to make the goods about which a complaint has been made and their packing available for inspection At the Seller’s request the goods about which a complaint has been made are to be returned carriage-free to the Seller within 14 days. If a defect is substantiated, the Seller shall refund the Buyer the costs of the cheapest method of returning the goods to the Seller. This arrangement shall not apply if the goods are at a location other than that at which they are supposed to be used in accordance with the contract.
(3) In so far that the thing does have a defect the Seller shall as he chooses be entitled to effect a cure either by means of rectifying the defect or by supplying a new defect-free thing.
(4) The warranty shall lapse if the Buyer has modified the supplied goods or has them modified by a third party without the Seller’s consent thereby making it more difficult or impossible to rectify the defect. In each case however, the Buyer shall have to bear the additional costs incurred in rectifying the defect as a result of the modification.
(5) If it is not possible to effect a cure or supply a replacement, or if the Seller refuses to do so or if the cure or replacement does not take place or is unsuccessful for reasons other than those attributable to the Seller being responsible within a reasonable period of time laid down by the Buyer, the Buyer may, as he chooses, withdraw from the contract or reduce the purchase price. The purchase price may only be reduced by the Seller adjusting the invoice or raising a credit. The Buyer will not have to specify a period of time if the law does not require him to do so.
(6) The Buyer’s other claims, in particular for compensation for damages instead of performance, and for the reimbursement of other direct or indirect damage – including accompanying or subsequent damage, regardless of whatever reason – will not be accepted. This shall not apply if
a) The Seller has maliciously concealed a legal or quality defect or has expressly taken on a product warranty guaranteeing freedom from such defects or for the condition of goods.
b) The damage is attributable to intent or to gross negligence on the part of the Seller, one of his legal representatives or assistants or a negligent breach of important contractual duties by the Seller or by these persons. By important contractual duties are to be understood those obligations the fulfilment of which make it possible to carry out the contract properly in the first place and upon the fulfilment of which the other Party to the contract may usually rely and usually does rely. In cases of ordinary breaches against important contractual obligations the Seller’s obligation to pay compensation for property and pecuniary loss shall be limited however in amount to damages typical for the contract and which could have been foreseen.
(7) The provisions in accordance with the above paragraph shall apply accordingly for the Buyer’s direct claims against the Seller’s legal representatives and assistants.
(8) In all cases the statutory regulations shall not be affected if goods are supplied direct in a final delivery to an end customer (Supplier’s recourse in accordance with Sections 478 and, 479 of the German Civil Code [BGB]).
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