Warranty claims against used devices can only be made for replaced parts within 6 months from the date of purchase. Warranty claims against effective rechargeable batteries for new devices expire after 12 months and after 6 months for used devices. Warranty claims against defective wear parts like measurement cables, adapters or bags are excluded. The legal regulations concerning expiry suspension, interruption, and restart of the limitation period remain unaffected.
The Purchaser shall notify KWS in writing without delay with regards to defects.
In the case of notification of defect, the Purchaser is entitled to withhold payments at a value that is in reasonable proportion to the material defects encountered. The Purchaser can only withhold payments if a notification of defect is asserted where no doubt exists about its entitlement. If the notification of defect proves unjustified, KWS shall be entitled to demand the reimbursement of any expenses incurred from the Purchaser.
First, KWS is to be afforded an opportunity to effect subsequent performance within a reasonable period of time.
If the supplementary performance fails, then the Purchaser can – regardless of possible damage claims according to § X1 – either withdraw from the contract or reduce the remuneration.
Warranty claims shall be excluded in case of merely insignificant divergence of the quality of the delivered goods from the agreed quality, in case of only minor impairments in usability, in case of natural wear and tear, which after the risk transfer occurred resulting from incorrect or careless handling, excessive usage, inappropriate means of operation, or as a result of particular external influences that are not presupposed by the contract as well as non-reproducible software defects. If the Purchaser or third parties make improper changes or improper repairs, then there shall be no right to claim damages for defects or the consequences of such work.
Claims asserted by the Purchaser on account of the expenditure required for rectification, in particular the cost of transportation, travelling, labour, and material, are excluded insofar as the costs are increased because the object of the delivery has been subsequently forwarded to another place other than the Purchaser’s place of business unless the transfer would correspond to its designated use.
The Purchaser’s right of recourse against KWS according to § 478 BGB (Contractor’s recourse) is limited to cases where the Purchaser has not made any agreements with its own customers beyond the mandatory statutory claims against defects. In addition, item 8.8 shall apply correspondingly to the scope of the right for recourse of the Purchaser against KWS according to $ 478 Section 2 (BGB – German Civil Code).