1. The purchaser has to examine the product immediately on delivery. Recognisable defects must be claimed immediately after delivery, but within 10 working days at the latest. Concealed defects must be claimed immediately after discovery. Generally, both the recognisable defect and the concealed defect have to be declared in writing unless the time limit for the notification cannot be kept by a written notification. If the purchaser fails to examine the product and to notify the defect immediately, the purchaser cannot refer to the defect.
2. In case of justified claims received in due time, the purchaser is entitled to the rights at defects, but under the following terms:
a) If the defect is in a condition or durability of our product, for which we have granted additional rights to the purchaser in a separate written guarantee agreement, according to item II. 4., the purchaser is entitled to the rights of the separate guarantee agreement, irrespectively of his legal rights, in case of a guarantee claim.
b) If the defect is not part of any guarantee within the meaning of items VII 2. a) and if the defect is only a slight deviation from an agreed condition within the meaning of item II. 3., the purchaser has only the right to an appropriate reduction. If no condition has been agreed, the same applies at only a slight deviation of that condition which is common at products of the same kind and which the purchaser can expect according to the kind of product, if the product is suitable for the application assumed in the contract or otherwise customary.
c) If there is a considerable deviation in the condition within the meaning of item VII. 2. b), the claims of the purchaser in case of a defect are restricted to the right of subsequent fulfilment in the first instance. It is our option to choose between repair and subsequent delivery. If the subsequent fulfilment fails, if we refuse it or it cannot reasonably be expected of the purchaser, the purchaser is entitled to his usual legal claims in case of a defect.
d) If our expenses increase in case of subsequent fulfilment, because the product is at another place as the location of the purchaser or another place as the directed application, the purchaser has to refund us for the increased expenses.
e) In case the faulty item has been installed into another device or attached to one according to its intended use, we are only obliged within the scope of supplementary performance to refund the customer for any costs arising from removing the faulty item and installing or mounting the repaired or non-defective item delivered to a maximum amount of 50% of the gross sales price if these measures were necessary. Thus, § 439 paragraph 3 does not apply.
f) Claims for damages by the purchaser due to a defect are excluded, unless the defect is caused by wilful or grossly negligent behaviour by our legal representatives, debtor‘s agents or us, it was fraudulently concealed or is covered by a guarantee accepted by us within the meaning of item II. 4, which entitles the purchaser in case of a guarantee to claim for damages as set out in the separate guarantee agreement.
g) If only a few of the products sold or individual parts of a sold product are defect, the purchaser‘s right to recede is restricted to the defect product or the defect part. This does not apply if the defect product or the defect part cannot be separated from the remaining products or parts without damage or loss of function or it cannot reasonably be expected of the purchaser. The purchaser is obliged to present the reasons why it cannot reasonably be expected of him.