§ 10 Claims and Rights re Defects
Claims and rights regarding (legal and quality) defects shall be limited to those defects in the appliance/equipment which are not attributable to natural wear and tear as part of the contractual use within the meaning of Section 1 of the contract or improper handling/use. The limitation period for defect-related claims and rights shall be one year for newly manufactured goods or contract services and six months for second-hand goods. This shall not prejudice § 438, para., 1, no. 2 and § 634a, para. 1, no. 2 of the German Commercial Code (BGB). A reduction of the limitation period shall not apply for liability attributable to wilful or fraudulent intent. § 11 of these Terms and Conditions of Delivery and Sale shall apply with regard to any other compensation claims. If operational or maintenance instructions of Quality Automation GmbH are not observed, or if any changes are made to the products, if parts/components are changed or if auxiliary materials are used which do not comply with the original specifications, all claims for any defects caused as a result shall lapse. The limitation period for defect rights shall commence on the date of acceptance. Defects which are identifiable within the limitation period for defects rights shall be notified to the Contractor immediately. Defect claims shall be initially based on rectification in the form of appropriate repairs or replacement of the rejected appliance/equipment. Quality Automation GmbH shall in this respect be entitled to insist on the defective appliance/equipment being returned at its cost for repairs together with a subsequent return to the Customer or that the Customer retains the defective appliance/equipment and a service mechanic of Quality Automation GmbH is sent to the Customer in order to carry out the necessary repairs. If such a repair attempt is also abortive after a reasonable period of grace has been set by the Customer, the latter shall be entitled to receive a reasonable reduction in the purchase price or to withdraw from the contract. All claims and rights relating to defects presuppose that the Customer is not in delay with his/its contractual payment obligations. This shall exclude the statutory retention rights. If the appliance/equipment to be produced by Quality Automation GmbH is integrated in a processing sequence at the Customer, such as a production line for example, the parties are in agreement that claims and rights relating to defects shall only relate to the parts/components produced by Quality Automation GmbH. No warranty shall be assumed for the proper functioning of other parts/components of the processing unit or the processing unit as a whole. Warranty for the proper functioning of the relevant interfaces shall only be assumed if the Customer has not deviated from his/its details and particulars relating to the aforesaid interfaces. Claims and rights for defects shall only accrue to the direct Customer and are non-transferrable. The statutory rulings shall apply in the event of a purchase of consumable goods as defined in §§ 474 et seq. of the German Commercial Code.