Warranty conditions
Liability for defects / warranty
If the purchased item is defective, the provisions of statutory liability for defects apply. Deviating from this:
1.1 Claims for defects do not arise in the event of natural wear and tear or damage that occurs after the transfer of risk as a result of incorrect or negligent handling, excessive use, unsuitable operating materials or due to special external influences that are not assumed under the contract. If the customer or third parties carry out improper changes or repair work, there are no claims for defects for these or the resulting consequences, unless the customer can prove that the fault complained of was not caused by these changes or repair work.
1.2 For new goods, the limitation period for claims for defects is one year from delivery of the goods. In the case of used goods, rights and claims due to defects are excluded.
1.3 The limitations of liability and shortening of the limitation period stipulated above do not apply
- for items that have been used for a building in accordance with their normal use and have caused its defects,
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect, as well as
- for the right of recourse according to § 445a BGB.
1.4 In the event of supplementary performance, the seller has the right to choose between repair or replacement delivery.
1.5 If a replacement delivery is made within the scope of liability for defects, the statute of limitations does not begin again.
1.6 If the subsequent fulfillment takes place by way of a replacement delivery, the customer is obliged to return the goods that were first delivered to the seller within 30 days. The return package must contain the reason for the return, the customer name and the number assigned to the purchase of the defective goods, which allows the seller to identify the returned goods. As long as and to the extent that the allocation of the return shipment is not possible for reasons for which the customer is responsible, the seller is not obliged to accept returned goods and to repay the purchase price. The customer bears the costs of re-sending.
1.7 If the seller delivers a defect-free item for the purpose of supplementary performance, the seller can claim compensation for use from the customer in accordance with Section 346 Paragraph 1 of the German Civil Code (BGB). Other legal claims remain unaffected.
1.8 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial obligation to investigate and report complaints in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the reporting obligations regulated there, the goods are deemed to have been approved.