Common use of Defects Clause in Contracts

Defects. Our deliveries shall be checked on receipt, whether they conform to the contract. Short or false deliveries and any defects must be reported to us in writing within 14 days after receiving the goods or at the latest 14 days after discovering the defect in the case of latent defects. Failure to meet this defect notification may void the purchaser's rights resulting from breach of warranty against defects. This purchaser's rights resulting from breach of warranty against defects are statute-barred after 12 months from the date of transfer of risk. The shortened period of limitation shall exclude any claims for damages resulting from injury to life, limb or health or for damages caused by intent or gross negligence. These cases shall be ruled by the statutory period of limitation. Justifiably rejected goods will be replaced or repaired at our discretion free of charge within a reasonable period (subsequent fulfilment). The purchaser can withdraw from the contract or reduce the purchase price, if subsequent fulfilment fails or is impossible. Any additional costs relating to the extended subsequent fulfilment within the meaning of § 439 para. 3 BGB (German Civil Code) shall only be reimbursed in terms of reason and amount within the scope of paragraph b).