1. Warranty claims of our Customers require that Customers have properly complied with their duties of inspection and notification of defects in accordance with Section 377 of the German Commercial Code (HGB). The notification period pursuant to section 377 HGB is 8 days. Notification must be made in writing (also by fax).
2. Claims for defects expire 12 months after delivery of the goods supplied by us to our Customers. Claims for damages in case of intent or gross negligence or in case of loss of life, limb or health based on an intentional or negligent breach of duty on our part are subject to the statutory limitation period.
3. If, despite all due care, the goods supplied contain a defect that already existed at the time of transfer of risk, we shall repair or replace the goods as we see fit, provided that timely notification of the defect was made. In any event, however, we shall be given a reasonable grace period to cure the defect. Claims for recourse nonetheless remain unaffected. If a Customer asserts a warranty-based claim, they shall send us the goods concerned in their original or equivalent packaging for inspection.
4. If the attempt to cure the defect fails, our Customer may - notwithstanding any claims for damages - withdraw from the contract or reduce the remuneration. The cure shall be deemed to have failed when two reasonable grace periods set by our Customers have expired unsuccessfully.
5. Claims for defects based on merely insignificant deviations from the agreed quality shall not be entertained. Likewise not in case of merely minor impairment of usefulness, of natural wear and tear and damage, after the transfer of risk, resulting from faulty or negligent handling, excessive use, unsuitable equipment, or due to special external influences not envisaged in terms of the contract. In cases where our Customers or third parties have performed improper repairs or modifications, no claims for warranty shall be entertained for such repairs or modifications and the resulting consequences. Warranty claims are also excluded in case of failure to adhere to our operating and maintenance instructions. The same applies if consumables that do not meet the original specifications were used. However, in those cases, the Customer remains entitled to show that the defect was not caused by such use.
6. All information about our products, especially the illustrations, drawings, as well as details about weight, dimensions and performance, shall be taken to be approximated average values. This information does not amount to guaranteed characteristics, but is a description or identification of the goods.
7. Claims by our Customer arising out of expenses necessary for the purpose of curing a defect, in particular shipping, travel, labour and material costs, are excluded if the expenses increase because the goods supplied by us are subsequently taken to a location other than the customer's premises.
8. Customer's claims for recourse against us shall be entertained only insofar as the Customer has not concluded agreements with their customers exceeding the mandatory statutory warranty claims.
9. If and to the extent that we have agreed with our Customers to supply a used product, we also provide a two-year warranty for that used product.
10. Our sales representatives are not authorised to conclude warranty-related agreements that deviate from the above terms of warranty.