§ 16 Warranty
1. § 434 BGB (German Civil Code) in the version valid until 2021 shall apply. Insofar as there is a defect in the delivery or service items, we shall be entitled to choose between rectification of the defect, replacement delivery or credit note within a reasonable period of time. 2.
(2) Our declarations in connection with this contract, e.g. performance descriptions, references to DIN standards, etc., do not, in case of doubt, contain any assumption of warranty. Only our express written declarations on the assumption of a guarantee shall be authoritative in this respect. Information provided in product descriptions and product specifications, subject to their inclusion as quality information within the meaning of § 434 of the German Civil Code (BGB), shall in any case not constitute a guarantee for the quality of the item or that the item will retain a certain quality for a certain period of time. 3.
3. claims for defects shall not exist in particular in the case of natural wear and tear of our products due to their material properties, in particular of parts in contact with workpieces, or in the case of damage occurring after the transfer of risk as a result of improper use or use not in accordance with the intended purpose or negligent handling of our products, faulty installation, excessive stress, unsuitable operating materials or due to special external influences which are not assumed under the contract.
4. if our products are not used in accordance with their intended purpose, if in particular statutory or official regulations are not observed, if our operating, storage or maintenance instructions are not followed, if modifications of an impermissible nature are made to the products or if our products are not handled properly, or if parts are replaced or consumables are used which do not comply with the original specifications, any claims for damage arising therefrom shall be excluded.
5. rectifications by the customer or third parties commissioned by him require our consent. In urgent cases, they are only permissible if we have been set a deadline, albeit a short one, for the rectification of defects which has expired unsuccessfully or if we have rejected the rectification of defects within this period. 6.
(6) In the case of third-party products, even if they have been incorporated into or otherwise used in the products supplied, we shall be entitled to limit our liability initially to the assignment of the warranty claims to which we are entitled against the supplier of the third-party products, unless satisfaction under the assigned right fails or the assigned claim cannot be enforced for other reasons.
7. claims of the customer for expenses incurred for the purpose of supplementary performance, in particular transport, travel, labor, material and replacement costs, shall be excluded if such expenses are increased because the goods were subsequently transported to a place other than the original place of performance, unless such transport complies with the intended use of the goods. this shall apply mutatis mutandis to claims for reimbursement of expenses of the customer pursuant to section 445a BGB (German Civil Code), provided that the last contract in the supply chain is not a purchase of consumer goods.
ALB of PZ Friction GmbH, March 2023 4
We may refuse the type of subsequent performance chosen by the buyer if it is only possible with disproportionate costs. In this case, the expenses for the replacement shall be limited to the value of the item. In addition, it shall be examined whether a possible defect of the tool can be eliminated by other less cost-intensive measures. 9.
The provision of § 439 III BGB shall not apply if the product delivered by us has entered into a firm connection with the product of the Buyer. This shall apply in particular if our product has been firmly connected, mixed or processed with the Buyer's product ingredients. This is particularly the case if our product has been welded, joined or processed at a high installation depth, which entails a considerable effort in terms of making our product accessible. If the Buyer's product can be made more efficient by repairing it in its installed condition or by replacing individual parts within our product or by a comparably effective alternative measure to replacement, the provision of § 439 III BGB shall not apply. 10.
(10) The same warranty conditions shall apply to replacements and repairs as to the originally delivered item.
11. only the direct purchaser shall be entitled to warranty claims against us and such claims shall not be assignable without our consent.
(12) As a supplier of semi-finished products and individual parts intended for use in the Buyer's goods, we are not a supplier within the meaning of §§ 445a, 445b and 478 of the German Civil Code (BGB).
Unless otherwise agreed, the foregoing paragraphs constitute the final warranty for our products and services.
14. our products do not contain any digital contents or services and are not deemed to be connected with them.
15. the buyer is responsible for the comprehensive specification and quality agreement of the purchased item. In particular, it is the Buyer's responsibility to specify the intended use of the delivered products for its application. Public statements made by or on behalf of another member of the contractual chain, in particular in advertising or on the label, shall not be binding on us. Accessories, including packaging, assembly, installation or other instructions, shall be supplied in accordance with the contractual agreement.