(1) The warranty period is one year from the date of delivery of the goods or services or, if acceptance is required, one year from the date of acceptance. This period shall not apply to Customer’s claims for damages arising from injury to life, limb or health or from intentional or grossly negligent breaches of duty by the Seller or its vicarious agents, which shall in each case become statute-barred in accordance with the statutory provisions.
(2) The delivered goods must be carefully inspected immediately after delivery to the Customer or to the third party designated by him. If the Seller does not receive a written notification of defect within seven working days of delivery, obvious defects or other defects which would have been detected during an immediate, careful inspection are deemed to have been approved by the Buyer. With regard to other defects, the objects of delivery are deemed to have been approved by the Buyer if the Seller does not receive the notification of defect within seven working days of the time at which the defect became apparent; if the defect was already visible to the Customer at an earlier point in time under normal use, this earlier point in time shall be decisive for the commencement of the notification period. A delivery item which is the subject of a complaint shall be returned to the Seller carriage paid, if requested by the Seller. If the notification of defect is justified, the Seller shall reimburse the cost of the most economical shipping route and method. This shall not apply to additional shipping costs caused by the fact that the delivery item is located at a location other than the location of the intended use.
(3) Should the delivered goods have material defects, the Seller is obliged and entitled to either remedy the defect or make a replacement delivery within a reasonable period of time. If the repair or replacement fails due to impossibility, unreasonableness, refusal or unreasonable delay of the rectification or replacement delivery, the Customer has the right to withdraw from the contract or to reduce the purchase price accordingly.
(4) If a defect is due to fault of the Seller, the Customer is entitled to claim damages under the conditions specified in Section 8.
(5) In the event of defects in components of other manufacturers which the Seller cannot remedy for licensing or actual reasons, the Seller shall, at his discretion, assert his warranty claims against the manufacturers and suppliers for the account of the Customer or assign them to the Customer. Warranty claims against the Seller for defects of this kind only exist according to the other conditions and in accordance with these General Terms and Conditions of Delivery if the judicial enforcement of the aforementioned claims against the manufacturer and supplier was unsuccessful or is futile, for example due to insolvency. During the duration of the legal dispute, the statute of limitations in respect of the relevant warranty claims of the Customer against the Seller shall be suspended.
(6) The warranty does not apply if the Customer changes the delivery item or has it changed by a third party without the consent of the Seller, and correction of the defect is thereby made impossible or unreasonably difficult. In any case, the Customer shall bear the additional costs of remedying the defect incurred as a result of the change.
(7) If delivery of used objects has been agreed with the Customer in an individual case, this shall be effected subject to the exclusion of any warranty for material defects.