Instruction Manual KA-1
5
Defects and Claims
1. Claims based on material defects shall be subject to a limitation period of 2
years after surrender of the merchandise. The Seller does not assume any
liability for material defects in pre-owned merchandise.
2. We will, at our discretion, make new delivery for or subsequently improve any
and all rendered services which are verifiably determined to be defective as a
consequence of circumstances existing before the transfer of risk.
3. We reserve title to any and all parts which have been replaced.
4. In particular, no warranty will be assumed for damage or loss resulting from
the following causes, but for which we are not accountable:
Natural wear and tear, intervention or repair work improperly performed by
the Buyer or third parties, unsuitable or incorrect use, incorrect operation,
installation, commissioning, incorrect or negligent handling, improper main-
tenance, use of unsuitable operating materials and cleaning agents, chemi-
cal, electrochemical or electrical factors, any modifications of the merchan-
dise performed without our consent.
5. The Buyer shall allow the Seller the necessary time and opportunity to per-
form any subsequent improvement or substitute delivery which we regard, in
our reasonable judgment, to be necessary.
6. In the event of legitimate complaints, the Seller shall bear the immediate
costs of the subsequent improvement or substitute delivery. The total costs
which we must bear shall be limited to the value of the order in the event that
the places of delivery are outside the territory of Germany.
7. In cases in which the Buyer shares accountability for causing the defect, in
particular in the event of breach of the obligation to prevent and reduce loss or
damage, the Seller reserves the right to assert a corresponding damage com-
pensation claim.
8. The Buyer shall, at his discretion, have the right to cancel the contract if and
when
– taking into account the statutory exceptions – a period which has been
set for us for subsequent improvement or substitute delivery due to material
defects has lapsed in vain.
9. The Buyer’s rights arising from the liability for material defects may not be
assigned without the Seller’s consent.
