1. Graf GmbH Warranty
1.1 The customer’s rights resulting from breach of warranty against defects shall always be subject to proper inspection and notification of defects by the customer pursuant to Section 377 HGB (German Commercial Code).
1.2 Should the goods delivered be defective, Graf GmbH, at its option, shall be entitled to rectify the defect or deliver a substitute (supplementary performance).
1.3 Should Graf GmbH fail to rectify the defect or deliver a substitute, the customer, at its option, shall be entitled to withdraw from the contract or to request a reasonable reduction of the purchase price (abatement). The limitation period for claims of the customer based on defects shall commence upon the transfer of risk, unless the statutory provisions stipulate a longer period. The customer shall not have the right to make any claims beyond those stated above. Graf GmbH’s liability for consequential harm caused by defects shall be excluded as well as any damage claims for whatever legal reason, unless such liability is prescribed as mandatory by law and/or jurisdiction. This shall not apply in case Graf GmbH fraudulently concealed the defect or guaranteed the absence of defects.
1.4 Graf GmbH shall only be liable for defective design or improper workmanship. In case Graf GmbH performs design tasks, Graf GmbH shall only be liable if the customer furnishes evidence showing that the product has not been designed to the general state of the art and that Graf GmbH is at fault in this respect. Graf GmbH shall only be liable for material defects if Graf GmbH supplied the materials and if, in the exercise of due diligence of a company skilled in the art, Graf GmbH should have detected the defect. In the event of a dispute, the customer shall be obliged to furnish evidence of design, manufacturer’s or material defects. If Graf GmbH manufactures goods based on drawings or data supplied by the customer, Graf GmbH shall only be liable for the product having been manufactured to the drawing and corresponding to the information provided by the customer. The warranty obligation or the liability for specifically assured performance or processing data shall be excluded if the customer uses materials other than those for which the tool has been designed or if the customer does not comply with Graf GmbH’s instructions or recommendations relating to specific process materials or operating data. In the event of a dispute, the customer shall be obliged to furnish evidence of its complying with Graf GmbH’s instructions or recommendations. Graf GmbH shall only be liable for defects of the performance data if the specifications in the catalogue or the performance data expressly warranted in the supply contract have been fulfilled by less than 80%. The specification of standard values shall not be deemed a contractual warranty of performance data.
1.5 Any defects resulting from normal wear and tear, unsuitable or improper use, incorrect assembly, putting into service or operation or from the reasons stated in Section 5 herein shall be excluded from warranty. Furthermore, Graf GmbH shall not be liable for defects if a unit is put into service later than three months after its delivery or – should the customer wish to collect the unit himself at Graf GmbH’s factory – if the customer collects the unit later than three months after receiving Graf GmbH’s notice that the goods are ready for collection. Finally, any warranty shall be excluded if the customer or third parties commissioned by the customer perform repair or corrective work without Graf GmbH’s consent and thus render subsequent repair or replacement more difficult.
1.6 In the event of a warranty claim and upon Graf GmbH’s request, the customer shall first send the parts concerned to Graf GmbH at the customer’s own expense and risk. Should this be impossible, the customer shall grant Graf GmbH free of charge the time and access necessary to allow Graf GmbH to make all the changes required in Graf GmbH’s opinion or deliver replacement parts or new parts and make auxiliary staff available upon Graf GmbH’s request. Should the complaint be justified, Graf GmbH shall bear all the costs incurred for removing the defects; in all other cases the customer shall bear such costs. Graf GmbH shall not be obliged to remove any defects until the customer has completely fulfilled its obligations to pay. For any replacement parts supplied or for repaired parts, the same warranty provisions as for the original goods delivered shall apply. Any replaced parts shall become the property of Graf GmbH and shall be returned to Graf GmbH.