AGB - Conditions

 

11. product liability

 

11.1

The customer may only use the goods manufactured, imported or placed on the market by GM for the intended purpose and must ensure that these goods (also as raw material or partial product) are only handed over for the intended use to persons familiar with the product hazards or product risks or are only placed on the market by such persons.

 

11.2

Special properties of GM's products shall only be deemed agreed upon if they have been expressly warranted in writing. GM shall in principle not be liable for damages caused by defects in the design of a product into which goods of GM have been incorporated or which have been caused by instructions of the manufacturer of such product.

 

11.3

Furthermore, the customer shall be obliged, if the goods delivered by GM are used as basic material or partial product of own products, to comply with his duty to warn under product liability law also with regard to the goods delivered by GM when putting such products into circulation.

 

11.4

The customer shall be obliged to observe products placed on the market by him also after their placing on the market with regard to harmful properties or dangerous consequences of use and to follow the development of science and technology with regard to such products and to notify GM immediately of any defects of the goods delivered by GM detected on the basis of such observations.

 

11.5

The Customer shall indemnify GM against all liabilities, losses, damages, costs and expenses incurred by GM as a result of the Customer's failure to comply with the above obligation.

11.6

If the customer or GM has paid compensation to a third party due to a defect of a product according to mandatory provisions of the product liability law, in both cases in case of recourse the customer shall be responsible for proving that the defect of the processed product was caused or contributed to by a defect of the goods delivered by GM. Recourse claims of the customer against GM shall be limited to foreseeable damages in case of slightly negligent violation of essential contractual obligations.