(1) Unless otherwise provided below, the Customer's rights in the event of defects of quality and legal imperfections in title (including wrong and short shipments and incorrect installation or defective installation instructions) shall be governed by the provisions of law. The period of limitation for warranty claims is 12 months, starting from the passing of risk. In as far as acceptance was agreed upon, the period of limitation starts from acceptance. In all cases, the period of limitation shall remain unaffected in the event of a recourse in delivery, in accordance with Sections 478 and 479 of the German Civil Code; it shall amount to 5 years starting from the delivery of the defective goods.
(2) The primary basis of our liability for defects shall be the agreement made concerning the quality of the goods. As the agreement concerning the quality of the goods shall be deemed all product descriptions (including those of the manufacturer) that were ceded to the customer prior to his order, or that were included in the contract as were these Conditions.
(3) In the absence of any quality agreement, the existence or non-existence of a defect shall be assessed according to the statutory provision (Section 434 (1) paragraphs 2 and 3 of the German Civil Code). We shall not be held liable, however, for any public statements by the manufacturer or other third parties (e.g. advertising messages).
(4) The Customer's warranty claims presuppose him to have fulfilled his statutory duties of examination and notification (Sections 377 and 381 of the German Commercial Code). Any defect discovered during examination or later shall be notified to us in writing without delay. Notification shall be deemed 'without delay' if given within two weeks, whereby the time shall be deemed observed if the notification is sent in time. Irrespective of the abovementioned duties of examination and notification, the Customer shall notify obvious defects (including wrong and short delivery) within two weeks from delivery; the time shall be deemed observed if the notification is sent in time. Notification must be given in writing. If the Customer fails to fulfil his statutory duty of examination and notification as stipulated above, our liability for defects not notified shall be excluded.
(5) If the item delivered is defective, the Customer may first of all choose whether to effect subsequent performance by eliminating the defect (repair) or by delivering a perfect item (replacement). If the Customer does not declare which of the two rights he chooses, we may set him an appropriate deadline. If the Customer does not reach a decision before expiration of the deadline, the right of choice is transferred to us once the deadline has expired.
(6) We are entitled to make due subsequent performance conditional upon the Customer's paying the purchase price due. The Customer shall, however, be entitled to withhold an appropriate part of the purchase price in proportion to the defect.
(7) The Customer shall allow us the necessary time and opportunity for due subsequent performance and shall, in particular, hand over the goods concerned for inspection or grant us access to said goods for purposes of inspection. In the case of replacement, the Customer shall return the defective item to us in accordance with the statutory provisions.
(8) The expenses necessary in connection with examination and subsequent performance, in particular as regards transport, travel, labour and materials, shall be to our account if a defect does indeed exist and in as far as no increase in defects resulted from the delivery of the purchased goods to a location other than the delivery address. If it turns out, however, that the Customer's request to have the defect corrected is unjustified, we reserve the right to demand reimbursement of the resulting expenses from the Customer.
(9) In urgent cases, e.g. if operating safety is jeopardised or to avert disproportionate damage, the Customer shall be entitled to remedy the defect himself and demand reimbursement by us of the objectively necessary expenses incurred. We shall be notified without delay, if possible beforehand, of any self-remedying of defects. The right of self-remedy shall not apply if we would have been entitled to refuse corresponding subsequent performance in accordance with the statutory provisions.
(10) If subsequent performance is unsuccessful or a deadline to be set by the Customer for subsequent performance has elapsed without result or may be dispensed with according to the statutory provisions, the Customer may withdraw from the contract of sale or diminish the purchase price. No right of withdrawal applies in the case of a minor defect.
(11) We shall be entitled to recall goods or cancel delivery if this serves the purpose of examining rightfully suspected manufacturing defects, preventing defects, or actions of a similar nature. After receiving notification of the recall of goods delivered by us, irrespective of whom the notification was delivered to, the Customer is no longer entitled to use of the goods. Infringement shall release us from any liability whatsoever. The Customer's claims based on the recall action shall be subject to the terms of sale.
(12) The Customer shall be entitled to claim compensation or reimbursement of expenses incurred in vain only as provided in Section 8; otherwise such claims shall be excluded.