Section 9 Claims for defects of the Buyer
(1) Unless provided otherwise below, statutory provisionsshall apply to the rights of the Buyer in case ofmaterial and legal defects (including incorrect andshort delivery and improper assembly or defectiveassembly instructions). Statutory provisions for finaldelivery of the goods to a consumer (supplier’srecourse according to sections 478 and 479 of theBGB) shall remain unaffected in all cases.
(2) The Buyer’s claims for defects require that it hasperformed its statutory obligations of inspection andnotice (sections 377 and 381 of the German CommercialCode (HGB). Should a defect be noticed duringdelivery, inspection or at some later date, we shouldbe promptly notified of this in writing. The type andextent of the defects should be precisely described inthe notice. In any event, obvious defects shall bereported within seven working days from the date ofdelivery or, if the defect was not detectable on examination,shall be notified in writing within the sameperiod from the discovery of the defect. If the Buyerfails to carry out the proper inspection and/or notice ofdefects, our liability for the defect that is not notifiedor not promptly or not properly notified is exempted inaccordance with statutory provisions.
(3) If the delivered object is defective, we may initiallychoose to carry out a subsequent performance byremoving the defect (subsequent improvement) or todeliver an object free of defects (replacement delivery).Our right to refuse subsequent performance by virtueof statutory provisions remains unaffected.
(4) We are entitled to make the subsequent performancedue conditional on payment of the purchaseprice by the Buyer. However, the Buyer is entitled toretain an appropriate portion of the purchase price inproportion to the defect.
(5) The Buyer shall allow us the necessary time andopportunity to carry out the subsequent performanceand shall in particular deliver the defective goods inquestion for inspection purposes. In case of a replacementdelivery, the Buyer must return the defectiveobject to us according to statutory provisions. Thesubsequent performance does not include the disassemblyof the defective goods nor the reassembly, ifwe were not originally obliged to install them.
(6) We will bear any expenses necessary for the inspectionand subsequent performance, in particular,transport, travel, labour and material costs, if there isindeed a defect. Otherwise, we can require the Buyerto reimburse the costs arising from the unauthorisedrequests of removal of defects (in particular testingand transport costs), unless the lack of defectivenesscould not be recognised by the Buyer.
(7) If the subsequent performance fails or if a reasonabledeadline to be set by the Buyer for the subsequentperformance has expired unsuccessfully, theBuyer may terminate the contract of sale or reducethe purchase price. There shall, however, be no terminationright in the case of a minor defect.
(8) Claims from the Buyer for damages or reimbursementof unnecessary expenses incurred shall alsoonly be asserted in the case of defects according tosection 10 and are otherwise excluded.