§ 11A Warranty and complaints as well as withdrawal / manufacturer regress
Scope for entrepreneurs
This paragraph applies only if the customer is an entrepreneur as defined in §1 paragraph 1.
- The entrepreneur's warranty rights presuppose that the latter has properly complied with his investigation and complaint obligations pursuant to § 377 HGB.
Claims for defects shall become statute-barred 12 months after the delivery of the goods delivered by the seller to the purchaser of the seller.
- If the goods were offered as "used" and / or invoiced, the warranty is excluded, unless otherwise agreed in writing.
- The above provisions shall not apply insofar as the law stipulates longer deadlines in accordance with § 438 (1) No. 2 BGB (buildings and objects for buildings), § 479 Paragraph 1 BGB (recourse claim) and § 634a Paragraph 1 BGB (construction defects). Prior to the return of the goods, the Seller's consent must be obtained.
- Should, despite all due diligence, the delivered goods have a defect which already existed at the time of transfer of risk, the Seller will repair the goods, or provide replacement goods, subject to the timely notification of defects. The Seller shall always be given the opportunity to supplement the defect within a reasonable period. Retention claims remain unaffected by the above regulation without limitation.
- If the supplementary performance fails, the Contractor may - without prejudice to any claims for damages - withdraw from the contract or reduce the remuneration.
- Claims for defects do not exist in the case of minor deviations from the agreed upon condition, in case of insignificant impairment of usability, in case of natural wear and tear or wear and tear, as well as damage resulting from the passing of the risk due to faulty or negligent handling, excessive wear and tear, unsuitable working equipment, Due to special external influences, which are not presupposed under the contract. If improper repair work or alterations are carried out by the purchaser or third parties improperly, there are likewise no deficiencies for this and the resulting consequences.
- Claims of the entrepreneur because of the expenses necessary for the purpose of the supplementary performance, in particular transport, path, work and material costs, are excluded insofar as the expenses increase because the goods delivered by the seller are subsequently transferred to a place other than the entrepreneur's establishment , Unless the shipment corresponds to its intended use.
- Claims against the seller by the entrepreneur only exist insofar as the customer has not entered into any agreements with his customer beyond the legally compulsory claims for defects. Furthermore, Paragraph 6 shall apply mutatis mutandis to the scope of the customer's recourse against the supplier.
- Furthermore, the limitation of liability does not apply in cases in which, according to Product Liability Act, defects in the delivered goods are liable for personal injury or property damage to privately used items.
- In the case of goods (including software and documentation) which have not been produced by the Seller, the Seller shall assign all claims for defects to the contractor against the manufacturer or supplier of the Seller.
- An unauthorized complaint by the entrepreneur, e.g. In the absence of a defect that was deliberately or grossly negligent, the seller is entitled to reclaim the costs incurred by the contractor. In addition, a checking fee of EUR 25.00 net is charged.