Poznámky redaktora
other respects, Art. Material defect claims have limitation period months. All parts performances that display material defect within the limitation period without regard operating time, shall, the discretion the supplier, remedied,
replaced rendered again free charge, provided the cause the defect occurred before the risk transfer.
XI. VIII No. Risk transferred the buyer, even the case carriage-free delivery, when shipping the delivery starts collected, but later than when the delivery leaves the
warehouse. Claims the buyer are also excluded insofar the infringement property rights caused special specifications the buyer, application which was not foreseeable
by the supplier, due the fact that the delivery changed the buyer used together with products which were not delivered the supplier. Should the buyer discontinue the use the delivered items in
order mitigate damages for other important reasons, then they are obliged notify the third party that the discontinuation use does not imply the acceptance of
an infringement property rights. the defect notification shown unjustified, the supplier
has the right demand that the buyer compensate the supplier for cost incurred. Insofar unforeseeable event within the meaning Art.
9. Claims the buyer for the necessary expenses incurred for the purpose supplementary performance, particular transport, infrastructure, labour and material costs, are
excluded insofar the expenses increase because the delivery item subsequently relocated different place than the buyer’s place business, unless the relocation in
keeping with its intended use. all other cases, the
buyer may only withdraw there breach duty for which the supplier responsible.
2.Binding nature the contract
If individual provisions this contract are become legally invalid, the remaining sections the contract shall remain binding. follows:
a) their discretion and cost, the supplier shall either obtain right use for the relevant deliveries, change the delivery that property rights are not infringed, or
exchange the delivery.
10. the supplier intends withdraw from the contract, they shall notify the buyer this without undue delay after recognising the implications
of the event, even extension the delivery time was initially agreed with the buyer. The buyer’s legal right withdraw does not require that the supplier responsible for existing defect purchased good. The aforementioned
stipulations not imply change the burden proof the disadvantage the buyer.1
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T X
VI. Acceptance
1.g. can
reduce the payment. The buyer shall immediately inform the supplier
about material defects writing. The buyer
may retain payments defect notification made provided there doubt about the validity the claim. changes the commercial importance the contents the delivery has substantial implications the
operation the supplier, the contract shall readjusted accordance with the principles good faith.
3. Irrespective their legal bases, additional claims and rights other claims and rights (e.
2. (Other claims for damages). Insofar the buyer entitled compensation for damages accordance with Art. VIII No.
c) The aforementioned obligations the supplier apply only the buyer promptly notifies the supplier writing about claims asserted third parties, the buyer does not
acknowledge infringement and the supplier retains all rights all defensive actions and settlement talks. the extent that supply not possible, the buyer entitled demand compensation unless the supplier not responsible for the impossibility. This does not
apply where liability mandatory cases wilful intent, gross negligence, due death, physical injury damage health; this not associated with change bur-
den proof the disadvantage the buyer. the case property rights infringements, the provisions Art.
X.
IX.
7., amendment, reduction, withdrawal) other than those regulated this article that
are made the buyer against the supplier and the supplier’s vicarious agents the grounds material defect are excluded. and correspondingly apply the claims the buyer set out No. this not possible reasonable conditions, the buyer shall entitled the statutory rights withdrawal reduction. This also applies the delivery transported our lorries.
2. Impossibility; amendment
1. The buyer may not refuse acceptance deliveries due negligible defects. This does not apply legislation dictates longer periods. VIII No. The buyer cannot
demand compensation for useless expenditures. the event defect notification, then the buyer may retain portion the payment due which corresponds the proportion the material defects found.
3.
2. Other claims compensation for damages
1. Insofar third party asserts justified claims against the buyer owing the infringement property rights through deliveries provided the supplier
which are used per contract, the supplier shall liable the buyer within the period defined Art. Unless otherwise agreed, the supplier obligated provide the delivery free from third-party commercial property rights and copyrights (hereinafter: property rights) the
supplier’s country only. This does not apply abiding the contract
would represent unreasonable hardship for one the parties. There shall claims for defects the case negligible deviations from the agreed condition, for negligible impairments usability, natural wear damages that
occur after the transfer risk result improper careless treatment, overloading unsuitable operating materials due particular external influences which are
not presupposed the contract. shipment delivery delayed for reasons attributed the buyer the buyer delays acceptance for other reasons, then the risk passes the buyer. Claims the buyer are excluded insofar they are responsible for the infringement property rights. a). 2. The buyer shall inspect the received goods immediately after arrival for quantity, condition, and any assured characteristics. the supplementary performance unsuccessful, the buyer can withdraw from the contract without affecting any claims for damages accordance with Art. XI, these expire the end the limitation period valid for material defect claims in
accordance with Art. the buyer third party makes unsuitable changes performs improper maintenance work, there shall also claims for defects
arising from this from its consequences. Furthermore, number applies correspondingly for the extent the buyer’s right recourse against the supplier. Claims for compensation for damages the part the buyer, regardless their legal basis, but particular account breach duties derived from contractual obliga-
tion and from impermissible acts, are excluded.
5. XI.
4. Insofar this commercially unjustifiable, the supplier has the right
to withdraw from the contract. applies for claims for damages. However, the claim for
compensation the buyer shall confined 10% the value the part the delivery which cannot put its intended use, due the impossibility.
XIII.
5. The supplier, however, has the right bring legal action the buyer’s domicile. Upon the buyer’s request and their expense, the deliveries shall insured against the usual
transport risks.
VII.
XII. VIII apply correspondingly.g.
. Compensation for damages for infringement essential contractual obligations is, however,
limited contract-typical, foreseeable damages, unless liable due wilful intent gross negligence, due death, physical injury damage health. Place jurisdiction and applicable law
1.
2. Material defects
The supplier liable for material defects follows:
1. the case other defects title, the provisions Art.
6. This does not apply where liability mandatory, e. Commercial property rights and copyrights; defects title
1. the buyer merchant, then the sole place jurisdiction for all disputes arising directly indirectly from the contractual relationship (including claims concerning cheques
and bills exchange) the domicile the supplier.
3.
6. Acknowledgement material defects must always made writing. No. VIII, which are made by
the buyer against the supplier and their vicarious agents, and which are based material defect, are excluded.
b) The supplier’s obligation provide compensation for damages governed Art. The right the buyer withdraw from the contract not affected. accordance with the Product Liability Act, cases wilful intent, gross negligence, due death, physical injury
or damage health, due infringement essential contractual obligations. Transfer risk
1.
4.
2. Contractual relations are governed German substantive law, the exclusion the United Nations Convention Contracts for the International Sale Goods (CISG). Additional claims claims other than those regulated Art. Initially the supplier always given the opportunity for supplementary performance within appropriate period. The buyer has statutory rights recourse against the supplier only insofar the buyer has not reached any agreements with their customer which beyond the statutory
claims for defects.
8.
VIII
