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8. Defects in quality, exclusion of liability
8.1 We guarantee that the goods and deliverables supplied by us, including agreed mounting and installation works, are free of defects at transfer of risk. The goods' or
deliverables' required nature, service life or use is exclusively subject to the specifications agreed in writing, the product description or the manual. Any requirements
beyond that, including but not limited to statements during negotiations, in advertising or references to industry standards, will become part of the contract only if
specifically incorporated in written form.
8.2 In case the customer prescribes the use of specific materials or designs, we shall not be liable for such materials' or designs' suitability or permissibility and we shall not be required to carry out any tests in this regard.
8.3 As a rule our liability for defects shall be limited to supplementary performance. Supplementary performance shall, in our own discretion, either be the correction
of defects or the delivery of goods or deliverables free of defects. |
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Further warranty claims will arise only if supplementary performance is denied, impossible, or if it
fails.
8.4 If, in the course of examining or rectifying a defect that was notified by a customer, it turns out that the complaint was unjustified we shall be entitled to demand compensation for examination or repair costs in the amount of our applicable field service rates. Title to taken back, removed or replaced parts will be transferred to
us.
8.5 The customer must carefully examine delivered goods immediately upon receipt - also with respect to a product's safety - and to notify us about any obvious defects
immediately in writing, latent defects must be notified to us immediately after becoming aware of them. The customer must report any transport damage to the deliverer
immediately. If this requirement to examine and give notice of defects is not fulfilled, the customer will forfeit any warranty claims. |