1. The customer's warranty rights presuppose that he has duly fulfilled his obligations to examine and give notice of defects according to § 377 HGB.
2. Claims for defects expire 12 months after the goods delivered by us have been delivered to our customer. The statutory limitation period applies to claims for damages in the event of intent and gross negligence as well as injury to life, limb, and health, which are based on an intentional or negligent breach of duty by the user. Before returning the goods, our permit is to be requested.
3. Wear parts are at the expense of the buyer. The warranty expires if the delivered item is modified or repaired without our prior consent unless the modification or repair is carried out in an appropriate manner.
4. If despite all due care, the delivered goods show a defect that was already present at the time of the transfer of risk, we will repair the goods at our discretion, subject to timely notification of defects, or deliver replacement goods. We must always be allowed to remedy the defect within a reasonable time.
5. If the elimination of the defect fails, you can either demand a price reduction or withdraw from the contract. The rectification of defects is deemed to have failed after a second unsuccessful attempt unless something else arises from the nature of the item or the defect or the other circumstances.
6. Checking whether the item ordered or the service offered by us is suitable for the intended purpose or not is the sole responsibility of the customer.
7. Claims for defects do not exist in the case of only insignificant deviations from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear, such as damage that occurs after the transfer of risk as a result of incorrect or negligent handling, excessive stress, unsuitable equipment, or due to special external influences that are not required under the contract. If the customer or third parties carry out improper repair work or changes, there are no claims for defects for these and the resulting consequences.
8. Claims by the customer for the expenses required for supplementary performance, in particular transport, travel, labor, and material costs, are excluded if the expenses increase because the goods delivered by us were subsequently sent to a location other than the customer's branch has been shipped unless the shipment corresponds to its intended use.
9. Recourse claims of the customer against us only exist insofar as the customer has not made any agreements with his customer that go beyond the legally mandatory claims for defects. Paragraph 6 also applies accordingly to the extent of the customer's right of recourse against the supplier.