5.1 The contractor's warranty rights presuppose that he has duly complied with his inspection and complaint obligations according to § 377 HGB (German Commercial Code).
5.2. Insofar as there is a defect in the goods for which the contractor is responsible, the customer is entitled, at his option, to supplementary performance in the form of a removal of defct or a replacement delivery.
5.3 If the supplementary performance fails, the client is entitled, at his own discretion, to withdraw from the contract or to request a corresponding reduction in the price.
In the case of an insignificant defect, however, the client has no right of withdrawal.
5.4 Unless otherwise stated below (Clause 5.5 to Clause 5.7), further claims by the client - regardless of the legal reasons - are excluded. The contractor is therefore not liable for damage that did not occur on the delivery item itself; in particular, the contractor is not liable for lost profit or other financial losses suffered by the customer.
5.5. The contractor is liable to the statutory extent for damage resulting from injury to life, limb or health.
5.6 Due to the lack of a guaranteed quality of the item, the contractor is liable to the agreed extent. Insofar as the guarantee agreement does not determine any legal consequences, these result from the law.
5.7 If the contractor violates an essential contractual obligation through at least gross negligence, the liability is limited to the damage typical for the contract; otherwise it is according to section 5.4 excluded. An "essential" contractual obligation within the meaning of these terms and conditions is always to be assumed if the contractor violates such obligations at least with gross negligence, on whose proper fulfillment the client trusts and may trust, since they enable the proper execution of the contract in the first place. If the essential contractual obligation that has been violated is the delivery of a defect-free item, then instead of performance, compensation can only be claimed for not insignificant defects.
5.8 The warranty period is 12 months from the transfer of risk.