17. Warranty for defects/liability
a) We grant a warranty period of one year for the products delivered by us.
b) Any parts which prove to be unusable due to faulty material or deficient workshop design shall, at our discretion, either be repaired by us or by the client or replaced. No liability shall be accepted for damage caused by natural wear and tear. The burden of proof that the defect already existed upon delivery and, in particular, was not caused by improper use or external influence, shall rest with the client. This also applies if modifications, remedial or corrective work were carried out by the client or a third party without our approval.
c) In our product specifications we regularly point out that the duration of the functional capability of the devices delivered by us is, due to their specific purpose, largely dependent on the type and duration of use and that this in turn may require the occasional replacement of specific wearing parts. The wear and tear of parts is not covered by the contractual warranty.
d) We must be notified in writing of defects as soon as they are identified; obvious defects shall be reported within 8 days of delivery. In the case of complaints, the client shall not be entitled to make any modifications or repairs at our cost without our approval. Parts for which complaints are made become our property. For remedial work performed or spare parts delivered, warranty shall be granted only up to expiry of the warranty period for the original delivery. For additional deliveries the provisions concerning the reservation of title shall also apply.
e) If the remedial work or replacement delivery fails (e.g. because it is impossible, it fails twice or is not successful within an appropriate period of time), the client may, at his discretion, either request a price reduction or cancellation of the contract. We only accept liability within the scope of Item 17 of these General Terms and Conditions.
f) We are only liable for damage caused by intentional or grossly negligent breach of duty on our part or on the part of one of our legal representatives or a vicarious agent. Any liability for slight negligence is excluded. Furthermore, any liability for reimbursement for consequential damage, financial losses, lost profits and for third-party claims vis-à-vis the client is excluded.
g) Any and all claims for damages arising from defects regarding delivery and/or performance shall – unless the defect was explicitly acknowledged by us - be filed at court within one year of the expiry of the contractually agreed warranty period, otherwise the claims are deemed to have lapsed.
h) Sole responsibility for damages resulting from improper assembly or operation shall rest with the client. With regard to possible third-party damage the client shall indemnify us. We should be contacted in the case of technical questions or ambiguities.