Common use of Liability for material defects Clause in Contracts

Liability for material defects. 13.1 The rights of the Customer to claim based on defects (Sachmängel) shall be limited to a period of three years, pro- vided that the law does not provide for longer periods or the Parties have agreed otherwise. The limitation period shall commence from the time of the transfer of risk (section 5.1). In case of deliveries of goods or services to customers of the Customer, the limitation period shall run from the time of ac- ceptance by the Customer's customer. 13.2.1 Technical specifications of the Contractor shall not constitute a conclusive agreement on quality (Beschaffenheitsverein- barung) such as, for example, as provided for in § 434 (I) 1 German Civil Code (BGB) or by § 633 (II) 2