Common use of Warranty and Defects Clause in Contracts

Warranty and Defects. Deliveries must be inspected immediately upon receipt for defects, incorrect deliveries or deviations in quantity and other complaints. Obvious packaging and transport damage must be claimed immediately and must be confirmed in writing by the carrier on the KFF handover report. All defects in the delivery must be reported to us in writing within a period of 3 working days at the latest and should be documented by digital photos in the interest of the Buyer. If these deadlines are not met, the claims for defects shall expire. Minor or customary deviations in weight, shape, color, dimensions or quality as well as changes that serve the further development of the product cannot be recognized as defects. We are entitled to avert any notice of defect by either repairing the defect or supplying a replacement, at our discretion. Goods can only be returned with our consent. If the goods show traces of use upon return or if they cannot be returned, you are obliged to compensate the value of the goods in case of loss and/or to compensate the reduction in value in case of traces of use, as far as you are responsible for the loss or the deterioration. You can avoid such compensation by looking at and inspecting the goods but not using them. In addition, the goods should be repacked in the original cardboard packaging or a similar transport-safe packaging. For hidden defects, the statutory provisions apply. Of the direct costs arising from the rectification or replacement delivery, we shall bear - insofar as the complaint proves to be justified - the costs of the replacement item including shipping. Any costs incurred by the Buyer shall be borne by the Buyer. Necessary assembly and travel costs incurred in connection with unjustified complaints shall be paid by the Buyer. Any modifications or repair work improperly carried out by the Buyer or third parties without our prior written consent shall void our liability for the resulting consequences. The Buyer shall give us the opportunity to examine the complaint, in particular to make damaged goods and their packaging available for inspection by us. We shall not be liable for damage to the goods caused by natural wear and tear, unsuitable, improper or non-contractual use, faulty assembly, excessive stress or improper modification, reworking or repair work by the Buyer or third parties, or by faulty or negligent handling, insofar as this is not attributable to our fault.