Liability

  1. All suggestions, expert advice and information are made or given to the best of our knowledge and belief and without any liability. ERMET-BUCK shall not assume liability for damage or defects caused by improper treatment or handling, excessive strain, use of bought-in/external accessories, abnormal operating conditions and transport damage which shall be at the expense of the customer.
  2. Unless otherwise specified below, further claims of the customer – irrespective of the legal reasons – shall be excluded. We shall not be liable for any damage not caused to the subject matter of the delivery or service itself. The above release from liability shall not apply, if the cause of the damage was based on intent or gross negligence. Furthermore, it shall not apply if the customer asserts compensation claims for non-performance due to absence of a warranted quality.
  3. Insofar as we negligently injure an essential contractual obligation, our liability to compensate for personal injury or damage to property shall be limited to the amount covered by our public liability insurance. We shall be willing to give the customer insight into our insurance policy on request.
  4. ERMET-BUCK shall not be liable to the customer for damage caused by the fact that the customer has not, or not in time, filed a complaint in respect of a defect of goods.
  5. The warranty periods granted by us are also limitation periods and shall also apply to claims for replacement of consequential harm caused by a defect, unless tort claims are asserted.
  6. The aforementioned regulations shall not apply to claims according to §§ 1.4 of the German law on product liability. The same shall apply in the case of initial inability or attributable impossibility of performance.
  7. In so far as any liability of ours is excluded or limited, such shall also apply to our non-manual-staff, employees, staff members, representatives and vicarious agents employed with us.
  8. Should ERMET-BUCK, upon delivery, have discernibly injured any other contractual (collateral) duties, the customer shall not be allowed to assert claims for damages resulting therefrom, if it accepts the delivery item without reservations.