Common use of Claims for defects Clause in Contracts

Claims for defects. 1. Unless otherwise specified below, the Customer's rights in the case of defects in quality and title (including wrong and deficient delivery, improper installation or deficient installation instructions) shall be governed by the statutory regulations. In all cases, the special statutory regulations in the event of final delivery of the goods to a consumer remain unaffected (supplier recourse pursuant to Sections 478, 479 of the German Civil Code (BGB)). For quality deviations, a tolerance of +/- 15 percent is accepted. 2. The liability for defects shall be based especially on the agreement made concerning the properties of the goods (specification, quality, quantity). All product descriptions that constitute the subject matter of the individual contract shall be deemed to be an agreement concerning the properties of the goods; in this context, it does not matter whether the product description originates from the Customer, from the manufacturer of from LSV. 3. If the properties have not been agreed, it shall be determined on the basis of the statutory regulation whether or not a defect is on hand (Section 434 (1) sentences 2 and 3 of the German Civil Code (BGB)). However, LSV does not accept any liability for public statements of the manufacturer or of other third parties (e.g. advertising statements) that the Customer did not refer to as being relevant to his purchase decision. 4. In the case of goods sold as downgraded material (e.g. II a material), the Customer shall not have any claims for defects with regard to the specified faults and other faults he must typically expect. 5. Any guarantee or assurance of certain properties of the goods by LSV is subject to an express agreement between the Customer and LSV. 6. For the Customer to be able to assert claims for defects, he must have complied with his statutory inspection and reporting obligations (Sections 377, 381 of the German Commercial Code (HGB)). If a defect is discovered in the course of the inspection or later on, the Customer shall without delay report such to LSV in writing. Irrespective of this inspection and reporting obligation, the Customer shall report any obvious defects (including wrong or deficient delivery) in writing within one week of the delivery. To comply with this period, it is sufficient to despatch the report in due time. If the Customer fails to duly inspect the goods and/or report defects, LSV shall not be liable for the defect that has not been reported. 7. If the delivered goods are defective, LSV may decide to render the supplementary performance either by eliminating the defect (rectification) or by supplying goods that are free of defects (replacement). LSV's right to refuse supplementary performance under the statutory conditions remains unaffected. 8. LSV may make the supplementary performance conditional upon the payment of the purchase price due by the Customer. However, the Customer may withhold a portion of the purchase price that is reasonable in proportion to the defect. 9. The Customer shall give LSV the time and opportunity required for the supplementary performance owed. In particular, the Customer shall make the goods concerning which the complaint was made available to LSV. 10. In the event of replacement, the Customer shall return the defective goods according to the statutory regulations. Unless LSV was originally under the obligation to perform the installation, the supplementary performance shall not comprise the removal of the defective goods or the re- installation. 11. As a matter of principle, the expenses required for the inspection and supplementary performance, including but not limited to transport, road, work and material costs (not: disassembly and installation costs) will be borne by LSV if a defect is actually on hand. Should, however, the Customer's request for elimination of defects turn out to be unjustified, LSV may demand that the Customer refund the costs incurred for this. The regulation of Section 478 (2) of the German Civil Code (BGB) remains unaffected with regard to removal and installation costs. 12. In urgent cases (e.g. if the operational safety is endangered or to ▇▇▇▇ off major damage), the Customer may eliminate the defect directly and request LSV to refund the expenses objectively required for this. LSV shall be notified of such self-remedy measures without delay, if possible in advance. The right to self-remedy shall not apply if LSV, pursuant to the statutory regulations, would have been entitled to refuse supplementary performance. 13. If the supplementary performance has failed or if a reasonable grace period to be determined for the Customer's supplementary performance ends without success or if such a period is not necessary pursuant to the statutory regulations, the Customer may rescind the contract or reduce the purchase price. However, no right of rescission shall apply in the case of a minor defect. 14. Apart from this, the Customer's claims for damages or reimbursement of expenses made in vain shall exist only to the extent specified in section XII of these GTC. Any further claims are excluded.

Claims for defects. 1. Unless otherwise specified below, the Customer's rights in the case of defects in quality and title (including wrong and deficient delivery, improper installation or deficient installation instructions) shall be governed by the statutory regulations. In all cases, the special statutory regulations in the event of final delivery of the goods to a consumer remain unaffected (supplier recourse pursuant to Sections 478, 479 of the German Civil Code (BGB)). For quality deviations, a tolerance of +/- 15 percent is accepted. 2. The liability for defects shall be based especially on the agreement made concerning the properties of the goods (specification, quality, quantity). All product descriptions that constitute the subject matter of the individual contract shall be deemed to be an agreement concerning the properties of the goods; in this context, it does not matter whether the product description originates from the Customer, from the manufacturer of from LSVLSW. 3. If the properties have not been agreed, it shall be determined on the basis of the statutory regulation whether or not a defect is on hand (Section 434 (1) sentences 2 and 3 of the German Civil Code (BGB)). However, LSV LSW does not accept any liability for public statements of the manufacturer or of other third parties (e.g. advertising statements) that the Customer did not refer to as being relevant to his purchase decision. 4. In the case of goods sold as downgraded material (e.g. II a material), the Customer shall not have any claims for defects with regard to the specified faults and other faults he must typically expect. 5. Any guarantee or assurance of certain properties of the goods by LSV LSW is subject to an express agreement between the Customer and LSVLSW. 6. For the Customer to be able to assert claims for defects, he must have complied with his statutory inspection and reporting obligations (Sections 377, 381 of the German Commercial Code (HGB)). If a defect is discovered in the course of the inspection or later on, the Customer shall without delay report such to LSV LSW in writing. Irrespective of this inspection and reporting obligation, the Customer shall report any obvious defects (including wrong or deficient delivery) in writing within one week of the delivery. To comply with this period, it is sufficient to despatch the report in due time. If the Customer fails to duly inspect the goods and/or report defects, LSV LSW shall not be liable for the defect that has not been reported. 7. If the delivered goods are defective, LSV LSW may decide to render the supplementary performance either by eliminating the defect (rectification) or by supplying goods that are free of defects (replacement). LSVLSW's right to refuse supplementary performance under the statutory conditions remains unaffected. 8. LSV LSW may make the supplementary performance conditional upon the payment of the purchase price due by the Customer. However, the Customer may withhold a portion of the purchase price that is reasonable in proportion to the defect. 9. The Customer shall give LSV LSW the time and opportunity required for the supplementary performance owed. In particular, the Customer shall make the goods concerning which the complaint was made available to LSVLSW. 10. In the event of replacement, the Customer shall return the defective goods according to the statutory regulations. Unless LSV LSW was originally under the obligation to perform the installation, the supplementary performance shall not comprise the removal of the defective goods or the re- installation. 11. As a matter of principle, the expenses required for the inspection and supplementary performance, including but not limited to transport, road, work and material costs (not: disassembly and installation costs) will be borne by LSV LSW if a defect is actually on hand. Should, however, the Customer's request for elimination of defects turn out to be unjustified, LSV LSW may demand that the Customer refund the costs incurred for this. The regulation of Section 478 (2) of the German Civil Code (BGB) remains unaffected with regard to removal and installation costs. 12. In urgent cases (e.g. if the operational safety is endangered or to ▇▇▇▇ off major damage), the Customer may eliminate the defect directly and request LSV LSW to refund the expenses objectively required for this. LSV LSW shall be notified of such self-remedy measures without delay, if possible in advance. The right to self-remedy shall not apply if LSVLSW, pursuant to the statutory regulations, would have been entitled to refuse supplementary performance. 13. If the supplementary performance has failed or if a reasonable grace period to be determined for the Customer's supplementary performance ends without success or if such a period is not necessary pursuant to the statutory regulations, the Customer may rescind the contract or reduce the purchase price. However, no right of rescission shall apply in the case of a minor defect. 14. Apart from this, the Customer's claims for damages or reimbursement of expenses made in vain shall exist only to the extent specified in section XII of these GTC. Any further claims are excluded.