(1) The statutory Rectification Act shall apply to the Goods provided by APS. In the case of a defect or fault of an assured property, APS is therefore liable according to the statutory provisions, insofar as no limitations apply from the following.
(2) APS guarantees, at the point of passage of risk, that the Goods are free from physical and legal damage according to §§ 434, 435 German Civil Code.
(3) The Client undertakes to immediately inspect the received and transferred Goods for obvious deficiencies (e.g. quantity, condition, assured properties) and to inform APS in writing thereof within 10 days after receipt. Not obvious – hidden – deficiencies which only become apparent over time (e.g. after commissioning) shall be reported to the APS immediately after discovery within 10 days and in writing. Insofar as these deficiencies are not reprimanded within the aforementioned deadline, any and all claims by the Client in regard to this are excluded. Possible commercial inspection and reprimand obligations are unaffected by the previous provisions. The aforementioned does not apply if APS has fraudulently concealed the deficiency or assumed a guarantee for the condition of the Goods.
(4) In cases of warranty issues, APS shall remove these according to the Client’s wish in the frame of their fulfilment claim (rectification) or supply new Goods (replacement). APS has the right to refuse the removal of deficiency or replacement delivery if it is only possible with disproportionate costs and another way of removing the deficiency without significant disadvantages for the Client exists.
(5) APS shall be granted appropriate time and occasion for the removal of the deficiency. The Client shall particularly ensure that deficient/faulty Goods are provided for APS or their delegated persons for inspection and repair. If the Client refuses this, APS is released from the liability for defects.
(6) The original guarantee periods are neither subject to suspension nor interruption in cases of repair of the delivered goods. They are extended for those parts which could not be operated appropriately, and for the period of disruption caused by the repair, replacement delivery, or compensation.
(7) There shall be no guarantee claim with deficiencies caused by improper handling or overuse, where legal operation or installation provisions or those stipulated by APS are not followed; with faulty assembly or commissioning by the Client or third parties, with natural wear, transport damages, improper storage, with functionally disturbing operating conditions (e.g. insufficient power supply), with chemical, electrochemical, or electrical influences, and when maintenance or servicing was not conducted. The same applies to improper modifications or other service works by the Client or third parties.
(8) Should APS not be able to remove the deficiency of the delivered Goods within an appropriate period, the Client shall have their legal rights. With only insignificant deficiencies, however, the Client does not have the right to withdraw. Insofar as the Client demands compensation, APS is liable according to the regulations of limitation of liability in § 9.
(9) The limitation period for deficiency claims with delivery of new Goods shall be two years starting from passage of risk. With used Goods the warranty obligation shall be one year for all, starting from passage of risk. This does not apply to compensation claims due to deficiencies. For compensation claims due to a deficiency the regulations in § 9 of these GTC shall apply.
(10) In the first six months after passing the Client must prove the existence of a deficiency at the time of passing, the time of detection, and the timeliness of the notice of defect. If the deficiency only becomes apparent after six months after passing, the Client shall provide proof that the Goods were already deficient at passing of risk. By way of contrast, APS shall be free to produce proof that the Goods were free of material defects.
(11) In the case of an unjustified complaint of deficiency claims, the Client shall assume the costs APS expended for this mobilisation.
(12) APS shall assume the guarantee for those parts of the delivery which are not manufactured by APS only insofar as these were also provided by the suppliers.
(13) The Client shall not receive guarantees in the legal sense from APS. Insofar as the manufacturer of specific items provide a guarantee, this will be valid independent of the warranty rights the Client is entitled to. The details of a possible manufacturer’s warranty, particularly its scope of coverage as well as name and address of the guarantor, can be deducted from the item’s corresponding warranty provisions. The assertion of claims from a guarantee granted shall be directed at the guarantor according to their warranty provisions.