ART. 5 WARRANTY
Statutory conditions apply.
In the case of used goods, the warranty period comprises one year from the date of delivery in deviation from the statutory terms. The one-year warranty period does not apply to damage culpably attributable to the Seller arising from any injury to life, limb or health, or damage caused intentionally or with gross negligence, or malice on the part of the Seller, or rights of recourse in accordance with Arts. 478, 479 of the German Civil Code (BGB).
If the Buyer is an entrepreneur and thus a legal or natural person or a partnership with legal capacity exercising its commercial or independent professional activity in concluding a legal transaction (Art. 14 Para. 1 BGB) , the following terms apply in deviation from Art. 5 Section 1 above:
The agreed qualities of goods shall be determined only by the Seller’s own statements and the manufacturer’s product description, and not by any other promotional materials, public extolment or other statements of the manufacturer.
The Buyer is obliged to inspect all goods immediately and with appropriate care for deviations from the agreed qualities and quantities and to notify the Seller in writing of any obvious defects within 7 days of receipt of the goods; this deadline is deemed to be met if the notification is sent in time. The same notification period applies to hidden defects that are discovered at a later date.
If these obligations to inspect goods and report deficiencies are not met, no warranty claims can be asserted.
In the event of defects, the Seller may either remedy the defect or deliver replacement goods at its own discretion.
If the Seller’s attempt to remedy a defect fails twice, the Buyer can request a price reduction or withdraw from the contract at its own discretion.
If the Seller opts to remedy the defect, the Seller need not pay the increased costs resulting from the goods being moved to a place other than the place of fulfilment of the contract if this movement of the goods does not correspond to their intended use.
The warranty period is one year from delivery of the goods. Sentence 2 of Section 2 above applies accordingly.