maxfuchsKatalog2015

6. Warranty
6.1 Unless specified otherwise below, the statutory provisions shall apply with respect to your rights arising from material and legal defects in the
goods. The special statutory provisions remain unaffected in all cases when the goods are finally delivered to a consumer (Recourse of the
entrepreneur, Sects. 478, 479, German Civil Code).
6.2 If the subject matter of the contract is not the purchase of newly manufactured goods, your rights to subsequent performance arising from
mate rial and legal defects in the goods (Sect. 437 No. 1 German Civil Code) and to revocation and reduction (Sect. 437 No. 2 German Civil
Code) shall be excluded. The provisions in Nos. 6.4 to 6.8 shall not apply in these cases. We shall inform you in an appropriate manner before
conclusion of contract if the goods you have ordered are not new but used.
6.3 You may only assert warranty claims if you have fulfilled your obligations to inspect and given proper notice of defect pursuant to Sect. 377 of
the German Commercial Code (HGB).
6.4 If the goods delivered are defective, we shall initially be entitled to render subsequent performance by repairing the defect (rectification) or
sending a new faultless product (replacement delivery). Our right to refuse to provide the subsequent performance pursuant to statutory
conditions remains unaffected.
6.5 We shall be entitled to make such subsequent performance conditional upon you paying the purchase price due. However, you shall be entitled
to retain a reasonable part of the purchasing price in proportion to the defect.
6.6 You are obliged to allow us the necessary time to fulfil our obligations to provide subsequent performance and the opportunity to inspect the
defective goods. You shall hand over the defective goods to us for inspection. If we provide a replacement delivery you are obliged to return the
defective goods to us pursuant to the statutory provisions.
6.7 We shall bear the costs incurred in connection with the inspection and subsequent performance, in particular transport, workmen’s travel, work
and materials costs (excluding costs of dismantling and installation), provided a defect is found. However, should a customer demand for repair
be proven unjustified, we can demand that the customer reimburses the costs incurred.
6.8 If the subsequent performance is not successful or if a deadline set by the customer for the subsequent performance has expired without
success or such deadline is dispensable by law, you shall be entitled to withdraw from the contract or demand a reduction in price at your
discretion.
6.9 Any claims for compensation or claims for the reimbursement of wasted expenses which you may assert shall only apply subject to No. 7 (Joint
and several liability) and shall be excluded in all other cases.
7. Liability
7.1 Unless otherwise specified in these General Terms and Conditions of Business, our liability in the event of a violation of contractual and noncontractual
obligations shall be subject to the pertinent statutory provisions.
7.2 In the event of wilful intent and gross negligence we shall be liable to pay compensation, irrespective of the legal grounds. In the event of slight
negligence, we shall be liable only
a) for damage arising from injury to life, limb or health,
b) for damage due to the breach of a cardinal contractual obligation (i.e. obligation without whose discharge the proper performance of the
contract would be impossible and on whose fulfilment the contractual partner normally relies and may rely); in this case our liability shall
be limited to foreseeable damage that is typically to be expected.
7.3 The limitations on liability set forth in No. 7.2 shall not apply if we fraudulently conceal a defect or if a guarantee has been undertaken for war
ranted properties. The same shall apply with respect to your claims under the German Product Liability Act.
7.4 If obligations have been violated that do not constitute a defect, you may only withdraw from or cancel the contract if we are responsible for the
violation of the obligation. You shall not have any free right of termination (in particular according to §§ 651, 649 German Civil Code). In all
other respects the statutory requirements and legal consequences shall apply.
7.5 Where our liability for compensation is excluded or limited, this shall also apply to the personal liability of our entire workforce, representatives
and agents.
8. Limitation period
8.1 In derogation of Sect. 438 (1) No. 3 of the German Civil Code, the limitation period for claims arising from material and legal defects is one
year from delivery. If acceptance has been agreed, the limitation period shall begin upon acceptance.
8.2 The afore-mentioned limitation periods under commercial law shall also apply to contractual and non-contractual compensation claims
asserted by you that are based on a defect in the goods, unless the standard statutory limitation period (Sects. 195, 199 BGB) would mean a
shorter limitation period in individual cases.
8.3 The limitation periods of the German product liability law shall remain unaffected. In all other respects the statutory limitation periods shall
apply exclusively to compensation claims asserted by you in accordance with No. 7, especially in the event of wilful or grossly negligent
violation of obligations, fraudulent concealment of a defect, liability based on warranted characteristics and in case of injury to life, limb or
health.
9. No rights of use to contents and photographs
9.1 We reserve all rights to photographs, reproductions and other content which we use to describe or advertise the goods, especially in
catalogues, on our website or as part of other marketing measures.
9.2 You are not entitled to use the photographs or reproductions or other content mentioned above unless we have agreed such use with you in a
separate agreement.
10. Force Majeure
10.1 Neither party shall be liable for the non-fulfilment of their contractual obligations if this non-fulfilment is the result of circumstances beyond their
control and especially due to one of the following reasons: Fire, natural catastrophes, war, confiscation, trading and/or export restrictions,
gene ral scarcity of raw materials, restrictions on energy consumption, labour disputes or if the breach of contract of suppliers is caused by any
such circumstances. This regulation shall apply to all contractual obligations including compensation claims.
10.2 Each party may terminate the contract by giving notice in writing, if the performance of the contract is delayed for longer than six months
in accordance with No. 10.1.
11. Retention of Title
11.1 We retain title of ownership to the goods delivered (reserved goods) until all existing or future payment claims have been satisfied, including all
demands relating to the current account balance. If you act in breach of contract, in particular if you are in default with payment of a claim for
payment, we shall be entitled to take the reserved goods back after setting a reasonable payment deadline. You shall bear the costs of the
return transport costs. We may use the reserved goods we have taken back. The proceeds from the use will be offset against the amounts you
owe us after we have deducted a reasonable amount for the costs of using the reserved goods.