Terms and Conditions

(1) The statutory provisions apply to the buyer’s rights in the event of material defects and defects of title (including incorrect and incomplete deliveries, improper assembly/installation, or defective instructions), unless otherwise provided below. In all cases, the special statutory provisions regarding reimbursement of expenses for final delivery of newly manufactured goods to a consumer remain unaffected (supplier recourse pursuant to Sections 478, 445a, 445b or 445c, 327 (5), 327u of the German Civil Code), unless equivalent compensation has been agreed, e.g., within the framework of a quality assurance agreement.

(2) The basis of our liability for defects is primarily the agreement regarding the quality and intended use of the goods (including accessories and instructions). All product descriptions and manufacturer information that are the subject of the individual contract or that were publicly announced by us (particularly in catalogs or on our website) at the time the contract was concluded are considered to be a quality agreement in this sense. If the quality was not agreed, the existence of a defect must be assessed in accordance with the statutory provisions (Section 434 (3) BGB). Public statements made by the manufacturer or on his behalf, in particular in advertising or on the product label, take precedence over statements made by other third parties.

(3) For goods with digital elements or other digital content, we are only obliged to provide and, if necessary, update the digital content if this expressly results from a quality agreement in accordance with Paragraph 2. In this respect, we assume no liability for public statements made by the manufacturer or other third parties.

(4) We are generally not liable for defects that the buyer is aware of at the time the contract is concluded or of which he is grossly negligent (Section 442 BGB). Furthermore, the buyer’s claims for defects presuppose that he has complied with his statutory inspection and notification obligations (§§ 377, 381 HGB). If a defect becomes apparent upon delivery, inspection or at any later point in time, we must be notified immediately in writing. In any case, obvious defects must be reported in writing within 5 working days of delivery and defects not apparent upon inspection must be reported in writing within the same period of time from discovery. If the buyer fails to carry out the proper inspection and/or notification of defects, our liability for the defect not reported, not reported in time or not reported properly is excluded in accordance with the statutory provisions. In the case of goods intended for installation, fitting or installation, this also applies if the defect only became apparent after the corresponding processing as a result of a breach of one of these obligations; In this case, the buyer has no claim to reimbursement of corresponding costs (“dismantling and installation costs”).

(5) If the delivered item is defective, we can initially choose whether to provide subsequent performance by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery). If the type of subsequent performance chosen by us is unreasonable for the buyer in the individual case, he can refuse it. Our right to refuse subsequent performance under the statutory conditions remains unaffected.

(6) We are entitled to make the subsequent performance owed dependent on the buyer paying the purchase price due. However, the buyer is entitled to retain a portion of the purchase price that is appropriate in relation to the defect.

(7) The buyer must give us the time and opportunity necessary for the subsequent performance owed, in particular by handing over the defective goods for inspection purposes. In the event of a replacement delivery, the buyer must return the defective item to us upon our request in accordance with statutory provisions; however, the buyer has no right to return the defective item. Subsequent performance does not include the dismantling, removal, or disassembly of the defective item, nor the fitting, attachment, or installation of a defect-free item if we were not originally obligated to provide these services; the buyer’s claims for reimbursement of corresponding costs (“dismantling and assembly costs”) remain unaffected.

(8) We will bear or reimburse the expenses required for the purpose of inspection and subsequent performance, in particular transport, travel, labor, and material costs, as well as disassembly and assembly costs, if applicable, in accordance with statutory provisions and these General Terms and Conditions if a defect actually exists. Otherwise, we can demand reimbursement from the buyer for the costs incurred as a result of the unjustified request for defect rectification if the buyer knew or negligently failed to know that there is actually no defect.

(9) In urgent cases, e.g. if operational safety is at risk or to prevent disproportionate damage, the buyer has the right to remedy the defect himself and to demand reimbursement from us for the objectively necessary expenses. We must be notified immediately of such self-remedy, if possible in advance. The right to self-remedy does not exist if we would be entitled to refuse corresponding subsequent performance in accordance with the statutory provisions.

(10) If a reasonable period of time set by the buyer for subsequent performance has expired without success or is dispensable according to the statutory provisions, the buyer may withdraw from the purchase contract or reduce the purchase price in accordance with the statutory provisions. However, in the case of an insignificant defect, there is no right of withdrawal.

(11) The buyer’s claims for damages or reimbursement of wasted expenses exist only in accordance with Section 8, even in the case of defects, and are otherwise excluded.