Section 9 Claims for defects of the Buyer
(1) Unless provided otherwise below, statutory provisions shall apply to the rights of the Buyer in case of material and legal defects (including incorrect and short delivery and improper assembly or defective assembly instructions). ln all cases, the statutory special regulations shall remain unaffected for final deliveries of unprocessed goods to a consumer, even if the consumer continued their processing (supplier regress acc. to sections 478 of the BGB). Claims from supplier regress are excluded if the Buyer or another entrepreneur continued to process the defective goods, e.g. by installing them in another product.
(2) The Buyer’s claims for defects require that it has performed its statutory obligations of inspection and notice (sections 377 and 381 of the German Commercial Code (HGB)). In the case of building materials and other materials intended for installation or other subsequent processing, the goods must be examined immediately before the processing at the latest. Should a defect be noticed during delivery, inspection or at some later date, we should be promptly notified of this in writing. The type and extent of the defects should be precisely described in the notice. In any event, obvious defects shall be reported within seven working days from the date of delivery or, if the defect was not detectable on examination, shall be notified in writing within the same period from the discovery of the defect. If the Buyer fails to carry out the proper inspection and/or notice of defects, our liability for the defect that is not notified or not promptly or not properly notified is exempted in accordance with statutory provisions.
(3) If the delivered object is defective, we may initially choose to carry out a subsequent performance by removing the defect (subsequent improvement) or to deliver an object free of defects (replacement delivery). Our right to refuse subsequent performance by virtue of statutory provisions remains unaffected.
(4) We are entitled to make the subsequent performance due conditional on payment of the purchase price by the Buyer. However, the Buyer is entitled to retain an appropriate portion of the purchase price in proportion to the defect.
(5) The Buyer shall allow us the necessary time and opportunity to carry out the subsequent performance and shall in particular deliver the defective goods in question for inspection purposes. In case of a replacement delivery, the Buyer must return the defective object to us according to statutory provisions. The subsequent performance does not include the disassembly of the defective goods nor the reassembly, if we were not originally obliged to install them.
(6) In accordance with the statutory regulations, we will bear or reimburse any expenses necessary for the inspection and subsequent performance, in particular transport, travel, labour and material costs, if there is indeed a defect. Otherwise, we can require the Buyer to reimburse the costs arising from the unauthorised requests of removal of defects (in particular testing and transport costs), unless the lack of defectiveness could not be recognised by the Buyer.
(7) If the subsequent performance fails or if a reasonable deadline to be set by the Buyer for the subsequent performance has expired unsuccessfully, the Buyer may terminate the contract of sale or reduce the purchase price. There shall, however, be no termination right in the case of a minor defect.
(8) Claims from the Buyer for damages or reimbursement of unnecessary expenses incurred shall also only be asserted in the case of defects according to section 10 and are otherwise excluded.