§ 10 Warranty, Notice of Defects, Recourse, Manufacturer's Recourse
1. Warranty claims of the customer necessitate that the customer has fulfilled his obligations according to § 377 HGB (German commercial code, investigation and right to make a claim for defects).
2. If, despite all care taken, the delivered goods exhibit a defect that already existed at the time of transfer of risk, we will, at our choice, either repair the goods or supply replacement goods, provided that the notice of defects was given in due time. In all cases, we must be granted the opportunity of subsequent fulfillment in accordance with the statutory regulations within an appropriate deadline. Recourse claims shall remain unaffected by the above regulation without restriction.
3. Claims asserted by the Purchaser on account of the expenditure required for rectification, in particular the cost of transportation, travelling, labor, and material, shall be ruled out in as much as such expenditure increases as a result of the object of delivery having been subsequently transported to a place other than the Purchaser's premises, unless such transportation complies with its intended use.
4. Warranty claims shall not apply in the case of merely insignificant deviations from the agreed characteristics, in the case of merely an insignificant detrimental effect on the practicability, in the case of damage occurring following the passing of risk as a result of faulty or negligent treatment, inappropriate storage, wrong application or wrong dosage. We would like to point out that slip emulsions, fountain solutions, auxiliaries and especially possible preservations are subject to a limited efficiency after a certain period of time. Unless otherwise clearly stated, consumables have to be used within 6 months after delivery. If changes of our formulations are carried out - especially by adding und mixing other materials - there will be no right to claim damages for any consequences that may occur.
5. We are liable according to legal provisions if the customer successfully asserts a claim for damages that are due to criminal intent or gross negligence, including those due to the criminal intent or gross negligence of our agents or auxiliaries. As far as we are not accused of willful breach of contract, our liability for claims for damages is limited to the foreseeable, typically occurring damage.
6. We shall be liable in accordance with the statutory provisions insofar as we culpably breach a material term of the contract; in this case as well, liability for damages shall be limited to the foreseeable typically occurring damage.
7. Liability owing to culpable injury to life, the body or health remains unaffected; this also applies for the mandatory liability according to the Product Liability Act.
8. Unless otherwise agreed to in writing, all other liability is expressly and specifically excluded.
9. Any claims for defects of the goods delivered are subject to a limitation period of 12 months. This shall not apply to claims to damages on account of culpable injury of life, limb and health or to claims to damage based on malice aforethought or gross negligence; in this case the judicial period of limitation applies.
10. The Purchaser shall retain a right of recourse against us insofar as the Purchaser has not agreed terms with its purchaser which exceed the statutory liability for defects. Regarding the scope of the right of recourse of the orderer against the supplier § 4 applies.