(1) Should the buyer exercise rights due to defects in our performance, he must primarily fulfil his obligations regarding inspection and notification of defects in accordance with §§ 377 and 378 German Commercial Code. If our service is inadequate, we are entitled to supplementary performance and can offer either remedy of defects or delivery of an item free of defects. In the event of remedy of defects, we are obliged to bear all expenses necessary for the remedial action, especially costs for transportation, labour and materials, as long as these do not increase as a result of the object of purchase being transported to a place other than the place of fulfilment.
(2) Unless otherwise stated hereinafter, further claims by the buyer – for whatever legal reasons – are excluded. We are therefore not liable for damage that is caused to the delivery item itself. Furthermore, we are not liable for lost profit or other pecuniary loss of the buyer.
(3) The preceding limitation of liability does not apply if the cause of damage is based on an intentional or negligent breach of duty on our part, if the buyer’s rights are based on a defect that we have maliciously concealed, or if we have guaranteed the existence of a particular property.
(4) Should we negligently breach a duty that is essential to the contract, our obligation to pay compensation for property or personal damage is limited to the amount of cover of our product liability insurance.
(5) The warranty period is one year calculated from the transfer of risk and is a statutory period of limitation, which also applies for compensation claims due to consequential harm caused by a defect, provided that no claims resulting from unauthorised action are asserted.
(6) Equipment subject to complaint, if transferred to us, must be appropriately packaged and sent free of charge. If notices of defects or complaints are unfounded, the buyer is obliged to appropriately pay the originating costs, e.g. for delegation of qualified personnel.