§6 Guarantee Claims, Complaints, Liability
1. The Purchaser shall examine the goods immediately after delivery. Any defects must be notified to us immediately in writing and in any event no later than 10 days following receipt of the goods, in case of latest defects within 10 days of discovery of defects. Our commercial agents and sales representatives are not entitled to accept such complaints.
2. We are not obliged to accept returned goods for examination regarding alleged defects, unless the Purchaser has notified us in writing of his intended return of the goods, stating invoice number and invoice date. Acceptance of returned goods shall in no case be deemed to constitute acceptance of complaints.
3. In the event of a defect, we reserve the right to deal with this by either remedying the defect or sending a replacement within 3 weeks of receipt of the defective product.
4. In the event that we are either not prepared,or not able, to remedy the defect or supply a replacement or fail to meet the time limit set out in paragraph 3 due to reasons beyond our control or in the event of there being no satisfactory remedy or replacement due to reasons beyond our control, the Purchaser shall be entitled to cancel the relevant part of the contract or request reduction of the purchase price.
5. Damages claims of any type against us, including claims in tort, breaches of contract leading to termination and positive breaches of contract are limited to gross negligence or wilful misconduct on the part of our legal representives or operatives. This applies also to any claims brought by the Purchaser directly against our legal representatives or operatives. Any claim shall be limited to the amount of any typically foreseeable loss. We shall therefore not be liable for any loss not directly
attributable to the subject-matter of the delivery, in particular, for loss of profits or other financial loss of the Purchaser. The same applies to any claims brought directly against our legal representatives or operatives.
6. Paragraph 5 above shall not apply in the event of the Purchaser bringing a claim for damages in respect of breach of warranties pursuant to paragraph 463, 480 subsection 2 of the German Civil Code (BGB).
7. Minor variations regarding in quality, colour, measurements, weights, fittings and or designs which are technically unavoidable shall in no case constitute reason for a complaint.
8. All guarantee claims of the Purchaser including claims for consequential losses shall be subject to a limitation period of 6 months from dispatch of goods. All other damages claims to the Purchaser, particularly those set out in sub – section 5 above, shall be subject to a limitation period of 2 years from dispatch of goods.
§ 7 Set-off and Retention
1. The Purchaser may not raise any set-off counterclaim unless this is undisputed or the results of a Judgement of a Court of the applicable law.
2. The same applies for any right of retention to the exent that the Purchaser is a qualified businessman. If this is not the case, he shall have no right to claim retention unless this Counterclaim arises out of the same product.
§ 8 Reservation of Title
1. The goods delivered shall remain our prosperty until we have received payment in full of all outstandings sums owed to us by the Purchaser. Insofar as we have agreed to payment of sale price by cheque or bill of exchange, then our title in the goods shall continue to be reserved until any bill of exchange or cheque accepted by us has been cleared. In the event of breach of contract by the Purchaser, in particular late payment, we reserve the right to recover the goods. Such recovery of goods shall not constitute withdrawal from contract, unless expressly confirmed in writing. In the event of recovery of goods we shall be entitled to dispose of them as we think fit. Any profits realised as a result of disposal (less, appropriate disposal costs) will be applied in reduction of any outstanding paymentsby the Purchaser.
2. The Purchaser shall notify us forthwith in the event of distraint or any other interference by third parties with the goods, to enable us to claim our rights in the goods.The Purchaser may only sell the goods in the ordinary course of his business. The Purchaser is prohibited from pledging the goods or given them by way of security to third parties, unless we have provided our written authorisation to do so.
3. We undertake to release our security on request by the Purchaser provided that the value of our security exceeds the claims secured by more than 20%. We reserve the right to choose the goods to be released from our security.
§ 9 Jurisdirection and Place of Performance
1. Al present or future disputes arising out of the parties´contractual relations shall be
subject to the jurisdiction of the court at our discretion in Aschaffenburg. We reserve the right however to issue proceedings against the Purchaser in its court of jurisdiction.
2. Place of performance for all contractual obligations of both parties shall be Aschaffenburg, if the Purchaser is a qualified businessman.
§ 10 Applicable Law
German law and German commercial customs and technical practice shall govern exclusively on all transactions, including those made by cheque and bills of exchange.
If any one or more of these Terms and Conditions of Sale shall be become invalid, this shall not affect the validity of the contract and the remaining Terms and Conditions of
sale. Invalid or impracticable terms shall be replaced by valid practicable terms in accordance with the context and meaning of the former.