- The liability of the supplier to the customer under its warranty is subject to the customer properly complying with the duties, as regards examinations and complaints, incumbent on the customer under §§ 377, 378 German Commercial Code (HGB).
- The warranty period shall be 6 months from the date of delivery of the goods.
- The supplier shall not be required to warrant, if the defects on the goods delivered are based on improper handling/use, normal wear, excessive strain or tampering or on changes/modifications made to the goods without having obtained the prior written approval from ERMET-BUCK. The same shall apply, if the defect is based on repair work carried out by personnel not authorized by us, or if the directions of use or operating or maintenance instructions of ERMET-BUCK were not complied with by the customer. Short and incorrect deliveries as well as immediately visible defects can only be complained about in writing by the customer within a period of 8 days after arrival of the delivery at the customer, if the customer is a merchant who has been entered in the commercial register as a merchant. Defects not instantly visible must be asserted within a period of 8 days after detection of the defect and within 6 months after delivery at the latest. At any rate, all customers shall be obliged to notify us in writing of obvious defects immediately after delivery and of latent defects immediately after they have been detected.
- On the request of ERMET-BUCK, the customer shall provide us or a third party appointed by us with a written attestation of the defect describing both the way the defects show themselves and the effects they have.
- If the complaint is justified, ERMET-BUCK or a third party appointed by us shall remedy the defects, at our option, either by repairing them free of charge or by providing a substitute delivery. We shall always be provided with several opportunities for remedying a defect. Should the attempts to remedy the defect or the substitute delivery prove to be ineffective, for which an adequate period of time and opportunity is to be granted to us, the customer, at its option, may demand reduction of the payment or annulment of the contract. Prior to making use of this right, the customer has to inform ERMET-BUCK accordingly in writing.
- Damage to goods in transit shall not fall under this warranty obligation.
- We shall be entitled to assign the fulfillment of warranty obligations partly or wholly to third parties.
- Return shipments of damaged goods are to be previously announced and shall only be allowed after ERMET-BUCK has given its prior and express approval.
- In the case of justified complaints, the customer, within the warranty period, shall have the option of returning defective goods to us either in original packaging or equivalent packaging by post (postage unpaid) or by rail (freight collect).