(1) The customer's rights for defects of material and title (also including wrong and underdeliveries) shall be subject to the statutory provisions where nothing deviating or supplementary is stipulated in these GST.
(2) The warranty period shall be 1 year from delivery. This period shall apply to damages claims of the customer from violation of life, body or health or from wilful or grossly negligent violation of obligations of the seller or his servant, which shall expire according to the respective statutory provisions.
(3) We shall not be subject to any warranty obligations if the customer has changed the goods or had them changed without our consent and improvement has become impossible or unreasonably more difficult. In any case, the customer shall bear the additional costs for improvement resulting from the change.
(4) Biological or harvest-related deviations of the goods regarding the form, colour and structure and processing-related deviations shall not constitute a defect unless such features are expressly promised as properties or the quality deviation exceeds the common scope. Quantity deviations of up to 5 % as common in the industry shall be permitted.
(5) Unless expressly differently agreed, our products and services shall only comply with the legal requirements applicable in Germany.
(6) Transport damage must be confirmed by the transport company at once on receipt.
(7) The customer has the obligation to inspect any delivered goods without delay after delivery to him or the third party designated by him and to report any defects without delay. This is subject to §§ 377, 381 German Commercial Code and supplementarily the provisions in this paragraph. The report shall require written form in the meaning of an email to firstname.lastname@example.org in order to speed up the procedure. To be without delay, the report must be sent no later than within three (3) working days after delivery (§ 377 para. 1 German Commercial Code) or – in case of a defect that was not evident during the examination (§ 377 para. 2 and 3 German Commercial Code) – at the latest within three (3) working days after discovery of the defect. Examination of the goods after delivery must not be limited to outward appearance and the delivery documents, but must include an appropriate quality and function examination at least taking random samples. If the customer does not properly examine and/or report this, our warranty period and other liability for the respective defect shall be excluded. None of our statements, actions or omissions shall be seen as a waiver of the prerequisites and legal consequences of §§ 377, 381 German Commercial Code and this paragraph.
(8) After determination of a defect, the customer shall have the diligence obligation to initially not process the respective batch any further and to not market it.
(9) Upon our request, goods subject to complaint shall initially be returned to us without delay at the customer's expense. In case of a justified complaint, i.e. in case of a defect, we shall reimburse the customer for the costs of the most cost-efficient shipping method; this shall not apply if the costs increase because the goods are located in a place other than the one of intended use. Para. (10) below shall not be affected.
(10) The customer shall give us the time and opportunity required to review complaints and other objections and for subsequent performance. This shall also include providing us with the goods subject to
complaint for inspection purposes.
(11) The expenses required for inspection and subsequent performance, in particular any transport, travelling, working and material costs, shall be assumed by us if there actually is any defect. If a complaint of the customer turns out to be unjustified, we may demand reimbursement for the costs incurred by us from the complaint.
(12) If the delivered object is defective, we shall have the right and obligation to render subsequent performance by way of remediation of the defect (improvement) or delivery of a defect-free object (replacement delivery), at our choice, to be declared within an appropriate period of time. In case of replacement delivery, the customer shall return the object to be replaced to us according to the statutory provisions. This shall apply accordingly to any replaced spare parts in case of improvement.
(13) We shall have the right to take subsequent performance measures dependent on the customer paying any due purchasing price. The customer shall, however, have the right to retain a part of the payment appropriate at a ratio to the (alleged) defect during the subsequent performance measure.
(14) If subsequent performance is impossible or has failed or any grace period to be set for subsequent performance by the customer has expired unsuccessfully or is dispensable according to the statutory provisions, the customer may, at his choice, withdraw from the purchasing contract or reduce the purchasing price. There shall, however, not be any retention rights in case of inessential defects.
(15) The customer shall only have a right to withdraw or terminate due to violation of obligations that are not due to a defect of the goods if we are at fault for the violation of obligations; Apart from this, the statutory provisions shall apply to this.
(16) Claims for damages shall only apply according to the provision of § 12 below.