Rights and Remedies of the Customer in the Event of Defects

5. Rights and Remedies of the Customer in the Event of Defects

5.1 In the event of any material or legal defects of the goods, you shall be entitled to the statutory rights and remedies with the following exceptions in para. 5.2 and 5.3.

5.2 Within the scope of subsequent performance, the right to choose between rectification of defects and replacement shall not be yours, but ours.

5.3 The limitation period for your claims arising from defects of goods is limited to 12 months from delivery (unless we have specified a longer warranty period for the product in the offer, order confirmation and/or underlying advertisement in individual cases). This limitation period shall also apply to contractual and non-contractual claims for damages based on a defect of the goods. Notwithstanding the foregoing, the statutory limitation periods shall apply (a) to claims arising from injury to life, body or health, (b) to liability under statutory laws on strict product liability, (c) as far as a defect has been fraudulently concealed, (d) in the event of intentional misconduct or gross negligence, (e) as far as we have granted a guarantee, (f) for claims in supplier recourse in the case of final delivery to a consumer and/or (g) insofar as it concerns a building or an item which has been used for a building in accordance with its customary manner of use and has caused its defectiveness.

5.4 The delivered goods must be carefully inspected by you immediately upon your receipt (or upon the receipt of any third party designated by you). If we do not receive a written or text-based notification of defects within seven calendar days upon your receipt, the goods shall be deemed approved by you with regard to evident defects or such other defects that would have been identifiable in case of an immediate, careful inspection. With regard to all other defects, the goods shall be deemed approved by you if the notice of defect is not received by us within seven calendar days after the time at which the defect became apparent. If you do not properly fulfil your obligations to inspect and give notice of defects, the warranty shall lapse with regard to the defect that was not notified or not notified in due time.

5.5 Notwithstanding para. 5.4, in the event of evident damages resulting from transportation, you must notify the transportation service provider or carrier of the damages directly upon receipt of the goods in a way that is documented in writing and provide us with written proof of this notification without undue delay. If it was not possible for you to make such notification when you received the goods (e.g. because you did not notice the transport damage immediately), you must inform us of this in writing or text form within 24 hours upon receiving the goods so that we can report the transport damage. If the transportation service provider or carrier is not notified by you or by us within a 24-hour period, there is a risk that it will reject all liability.