If the purchased item is defective, the provisions of the statutory liability for defects shall apply. The following shall apply in deviation herefrom:
8.1 Claims for defects shall not arise in the event of natural wear and tear or damage occurring after the transfer of risk as a result of incorrect or negligent handling, excessive stress, unsuitable operating materials or as a result of special external influences which are not assumed under the contract. If the customer or third parties carry out improper modifications or repair work, there shall also be no claims for defects for these and the consequences arising therefrom, unless the customer can prove that the defect complained of was not caused by these modifications or repair work.
8.2 In the case of new goods, the limitation period for claims for defects shall be one year from the transfer of risk.
8.3 In the case of used goods, the rights and claims due to defects are excluded.
8.4 The above-mentioned limitations of liability and shortening of the limitation period shall not apply to items which have been used in accordance with their customary use for a building and have caused its defectiveness, to claims for damages and reimbursement of expenses of the customer, in the event that the seller has fraudulently concealed the defect, as well as to the right of recourse pursuant to § 478 BGB.
8.5 In the event of subsequent performance, Seller shall have the right to choose between repair or replacement.
8.6 If a replacement delivery is made within the scope of liability for defects, the limitation period shall not recommence.
8.7 If the supplementary performance has been carried out by way of replacement delivery, the Customer is obliged to return the goods delivered first to the Seller within 30 days. The return package must contain the reason for the return, the Customer’s name and the number assigned for the purchase of the defective goods, which enables the Seller to assign the returned goods. As long as and insofar as the assignment of the return is not possible for reasons for which the customer is responsible, the seller is not obliged to accept returned goods and to repay the purchase price. The costs of a renewed shipment shall be borne by the customer.
8.8 If the Seller delivers a defect-free item for the purpose of subsequent performance, the Seller may claim compensation for use from the Customer pursuant to Section 346 (1) BGB. Other statutory claims shall remain unaffected.
8.9 If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he shall be subject to the commercial duty of inspection and notification of defects pursuant to § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.