1) Solely the product description enclosed with the contract shall be relevant for the quality of the goods sold by us.
2) With regard to obvious defects or other defects which would have been detectable in a prompt, careful examination, the goods sold by us shall be considered as approved by the customer unless we receive a written notice of defects within seven working days after delivery. With regard to other defects, the delivery objects shall be considered approved by the customer if we do not receive the notice of defects within seven working days after the point in time when the defect became apparent; however, if the customer was able to detect the defect in normal use at an earlier point in time already, this earlier point in time shall be relevant for the beginning of the complaint period.
3) If the object of sale has a defect, we shall be entitled, at our discretion, to chose between subsequent performance in the form of a remedy of defects or the delivery of a new, defect-free object. In case of the justified notice of defects, we shall however only bear the required expenditures for the elimination of the defect – such as wage costs, material, transport and road costs – if these expenditures are not increased due to the fact that a delivery objective is retroactively brought to another location than the customer’s registered office, unless this movement is in accordance with the intended use. The customer shall bear any additional costs which are incurred due to the customer not deciding on the most economical transport or dispatch route.
4) The customer shall give us the required time and occasion for the supplementary performance owed; in particular, to surrender the rejected goods for purposes of examination. In case of the substitute delivery, the customer shall return the defective object to us in accordance with the statutory provisions. Our right of realising the supplementary performance if the statutory requirements exist shall remain unaffected.
5) If the supplementary performance fails, the customer shall be entitled, at its discretion, to demand either rescission or reduction. This shall also apply if a reasonable period set by the customer for supplementary performance expired unsuccessfully. Rescission shall be excluded if the defect is negligible.
6) The period of limitation concerning claims for defects shall be 12 months, counted from the passing of risk. The statutory period of limitation in case of a delivery recourse according to Sections 478, 479 of the German Civil Code (BGB) shall remain unaffected.
7) All claims by the customer – for damages and compensation for expenditures incurred in vain due to defects – shall only exist in accordance with the provisions of clause 6; in other respects they shall be excluded.