Deviating from sec. 438 para. 1 no. 3 Civil Code (BGB), the limitation period for claims arising out of material defects or defect of title is one year after handover. The legal special regulations shall remain unaffected for claims for return based upon a property right of a third person (sec. 438 para. 1 no. 1 BGB), in case of fraudulent intent of combit (sec. 438 para. 3 BGB) and for suppliers’ claims for recourse in case of final delivery to a consumer (sec. 479 BGB).
Appears in 2 contracts
Sources: Software License Agreement, Software License Agreement