1. In case of defects in the delivered goods, we are entitled, at our discretion, to eliminate the defect or supply a replacement within a warranty period of 12 (twelve) months. This does not apply insofar as the law necessarily prescribes longer periods. In the case that defects must be corrected, we are obliged to bear the expenses necessary for the correction of defects according to the statutory regulations insofar as these costs are not increased by the fact that the goods have been transported to a place other than the place of performance.
2.The purchaser shall grant us sufficient time and opportunity, at our reasonable discretion, to remedy the defect. Replaced parts become our property.
3. If supplementary performance fails, we shall allow a reasonable grace period granted to us to elapse without redelivering or fixing the defect or if subsequent fulfillment is impossible or is refused by us, the purchaser has the right to withdraw from the contract or to a reduction in price as well as in the case that we fail to provide subsequent performance.
4. The warranty does not apply to defects and/or damage due to natural wear and tear nor to defects and/or damages incurred as a result of faulty or negligent handling, excessive strain, unsuitable use, incorrect handling, etc. nor to such influences not specified in the contract insofar as we are not at fault for the damage.
5. The warranty claim cannot be transferred to a third party without our consent.
6. If the purchaser or a third party makes improper changes and repairs to the delivery items, we are not liable for resulting defects.
7. For essential third-party products, our liability is limited to the assignment of the warranty claims, which we have against the supplier of the third-party product, unless satisfaction from the assigned rights fails or the assigned claim cannot be enforced for other reasons.
8. Any further claims of the purchaser against us, no matter for whatever legal reasons, in particular a claim for compensation for damages not caused to or present on the delivered goods (e.g., lost profits, consequential, other pecuniary losses) are excluded unless otherwise regulated below. This exemption from liability does not apply if we are specifically liable due to intent, gross negligence or the promise of a guarantee, or an essential contractual obligation is violated, or there is injury to body, life and health.
In the case of negligence, but not gross negligence, our liability is limited to the typical, foreseeable damages.
9. The foregoing provisions correspondingly apply to the delivery of to items other than the actual contract goods.