2023 | 06 (d) If the achievable value of these securities exceeds the value of our receivables by more than 10%, we shall release collateral of our choice when called upon to do so by the purchaser. § 7 – Defect claims from the purchaser 7.1. Legislative stipulations apply to the rights of the purchaser in relation to material and legal defects (including incorrect delivery, short delivery, unprofessional assembly or inaccurate assembly/installation instructions), unless otherwise stipulated in the following text. The special stipulations governing final delivery of unprocessed goods to a consumer remain unaffected in all cases, even if they are then processed further by that consumer (supplier redress in accordance with Section 478 BGB). Our claims resulting from supplier recourse also apply if the goods were further processed before they were sold to another consumer by us or by one of our customers, e.g. through installation in a different product. 7.2. The basis of our liability for defects is founded primarily upon the agreement made in relation to the properties of the goods. All product descriptions that form part of an individual contract (in particular in catalogues or on the homepage of our website) and that are in the public domain are considered as an agreement in relation to the properties of the goods. 7.3. (3) If agreement has not been reached about these properties, an evaluation based on the legislative ruling should determine whether a defect does or does not exist (Section 434 ( 1) pages 2 and 3 BGB). However, we accept no liability in relation to any public statements that the manufacturer or other third parties may make (e.g. advertising statements). 7.4. The defect-related claims of the purchaser presuppose that the purchaser has fulfilled his legal duties to investigate, notify and reject defects (Sections 377, 381 HGB). In the event of a defect being detected at the time of delivery, an inspection or at some later point in time, we must be notified immediately and in writing. In all cases, visible defects must be notified to us in writing within (numeral) working days of delivery, and concealed defects discovered in a subsequent inspection must be notified to us within the same number of days of their discovery. If the purchaser fails to carry out a proper inspection and/or to report defects correctly, we cannot be held legally liable for any defect not reported to us, and/ or not reported in a timely or a proper manner. 7.5. If the item supplied is defective, we can first choose whether to engage in subsequent performance to remedy the defect (rectification of defects) or to deliver an item that is free of defects (replacement delivery). We retain our right, subject to the legislative prerequisites, to refuse to engage in subsequent performance. 7.6. We are entitled to make any subsequent performance owed by ourselves dependent upon the purchaser paying the purchase price that is due. However, the purchaser is entitled to retain a proportion of the purchase price that is commensurate with the impact on value of the defect. 7.7. The purchaser is obliged to accord us the time and opportunity we need to deliver the subsequent performance we owe, in particular by providing us for inspection purposes with the goods that are deemed to be defective. In the case of replacement delivery, the purchaser is obliged by legislative provisions to return the defective item to us. Subsequent performance does not include removal of the defective item, nor reinstallation, if we were not originally obliged to perform the installation work. 7.8. The expenditure required for inspection and subsequent performance, especially the costs of transport, travel, labour and materials as well as any costs for removal and installation shall be borne by or be reimbursed by ourselves in accordance with legislative stipulations if a defect is actually found to exist. Failing this, we can demand reimbursement of costs incurred by ourselves as a result of receiving an unwarranted demand for remedial action (in particular the costs of inspection and transport), unless the absence of a defect was not detectable to the purchaser. 7.9. In urgent cases, e.g. if operational safety is jeopardised, or to prevent disproportionate levels of damage, the purchaser has the right to remedy the defect himself and to demand from us reimbursement of the expenditure required in objective terms. We must be notified immediately, and preferably in advance, of any personal initiative of this nature. The right to carry out work on this personal initiative basis does not apply if we might be entitled to refuse to carry out subsequent performance ourselves in accordance with legislative stipulations. 7.10. If subsequent performance has failed, or if an appropriate period of time for subsequent performance to be carried out by the purchaser has elapsed without success, or if it can be waived in accordance with legislative stipulations, the purchaser can withdraw from the purchase contract, or can reduce the purchase price. However, the presence of a minor defect does not constitute legitimate grounds for withdrawing from a contract. 7.11. Claims by the purchaser for compensation and/or the reimbursement of unnecessary expenditure also only apply in relation to defects in accordance with Section 8 and are otherwise excluded. 7.12. The statutory warranty period of 12 months applies to all of our products. § 8 – Other forms of liability 8.1. Unless nothing else emerges from these general terms & conditions of sale, and this includes the following provisions, we are liable in accordance with legislative stipulations for any violation of contractual and extracontractual obligations. 8.2. We are liable to pay compensation - arising from whichsoever legal ground - on the basis of fault-based liability in relation to deliberate intent and gross negligence. In relation to simple negligence, and subject to a less stringent scale of liability, we are liable in accordance with legislative stipulations (e.g. for exercising due diligence in our own affairs), but only in respect of (a) damages arising from injury to life, limb or health, (b) damages arising from a not insignificant violation of an important contractual obligation (an obligation which can only be satisfied through fulfilment of proper execution of the contract and where the other party to contract can trust and depend upon the responsible party to contract complying with this at all times); in such cases, our liability is however restricted to replacement of the item when the damage was predictable and typical. 8.3. The restrictions on liability arising from Para. 2 also apply to violations of obligations by or in favour of people for whose conduct we are responsible in accordance with legislative stipulations. These do not apply if we wilfully fail to disclose a defect or have accepted a guarantee for the properties of goods and are liable under product liability legislation in respect of claims by the purchaser. 8.4. The purchaser can only withdraw from or terminate this contract in relation to the violation of an obligation that does not take the form of a defect if we are responsible for that violation of an obligation. The purchaser has no free right of termination (in particular in accordance with Sections 651, 649 BGB). In all other respects, legislative prerequisites and legal consequences apply. LOCK BEWEGT // LOCK MOVES 10 Terms & Conditions of Business CHAPTER 12 – INFORMATION
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