AGB - Conditions

 

9. Warranty

9.1
At the time of transfer of risk, GM only warrants the properties of the contractual goods to the extent of the following provisions. GM makes no warranty for defects caused by improper handling, ordinary wear and tear, storage or other acts and omissions of the customer and third parties. Likewise, GM does not guarantee a specific use or. Usability of the contractual goods, unless these have been expressly agreed in writing. The customer is obliged to check the suitability of the goods for organoleptically sensitive packaging content before processing according to the associated quality criteria. Section 9.7 of the present General Terms and Conditions remains unaffected. Except as provided above, GM makes no other representations or warranties of any kind, whether statutory or otherwise.

 

9.2
A delivery shall be deemed to have been carried out in accordance with the contract if any deviations with regard to quantities, mass, material and surface properties of the goods delivered by GM to the customer do not exceed the specified tolerance limits or do not exceed the specified tolerances. in the case of unspecified tolerance limits, corresponds to the general ISO tolerance system 2768 and the delivery complies with the agreed specifications or in cases where no corresponding agreement has been reached, with international industry standards. The quantity of the delivery is determined by the actual weight of the goods at the time of manufacture and packaging. In the case of raw materials, the gross weight shall apply to net; in the case of packaged raw materials, including wrapping. negligible or technically unavoidable quantity deviations are not considered as defects notwithstanding the above provisions.

9.3
It is expressly agreed that GM only warrants those properties, characteristics or specifications of the delivered goods as promised properties, characteristics or specifications, which were agreed upon in writing at the conclusion of the contract (and not in any informal correspondence or by oral agreement before or after the date of conclusion of the contract).

9.4
Designs, tools, digital data and other tools provided by the Customer. Customer’s materials are stored at GM’s risk.

9.5

If the goods are stored for a long time, impairments (e.g., poorer running properties) may occur during further processing. If, for reasons for which the customer is responsible, the further processing of the goods does not take place within a period of 6 months from the time of delivery or delivery. If the goods are in stock for more than 6 months prior to further processing for reasons for which the customer is responsible, such impairments of the goods shall be deemed to have been accepted by the customer in accordance with the contract.

 

9.6

The customer is obliged to check the delivered goods for defects immediately after delivery. In the event of a breach of the obligation to immediately check the delivered goods, any claims arising from warranties and assurances shall be excluded. If the customer wishes to use the defective and reported goods, this requires the prior written consent of GM. The following provisions also apply to the assertion of defects:

 

a.

In the case of quantity defects (over and under the delivery quantity in accordance with the contract), the notification of defects must be made immediately, but at the latest within seven days of receipt of documents, the weight or weight. Indicate quantity of the delivered quantity, or to be delivered;

 

b.

if quality defects can be ascertained during inspection of the goods or their packaging or by taking samples, the notification of defects must also be made immediately, but at the latest again within seven days of delivery;

c.

If quality defects cannot be ascertained by inspection or by sampling, the notification of defects must be made immediately after detection of the defects, but at the latest within six months after delivery. Defects/complaints that are reported later than specified in points a to c of the present General Terms and Conditions will not be taken into account, and such a late notification leads to the exclusion of any claims from warranties or assurances.

 

9.7

In the case of complaints, the customer must specify the goods exactly, list the defects complained about individually and in detail and at the same time provide GM with documents and materials that serve as evidence. The notification must be made in writing and must be sent to GM. If such a notice of defects is not made in accordance with the above-mentioned provisions (in particular also point 9.7 of the present General Terms and Conditions), all warranties are, damages and other claims of the customer in connection with this defect excluded.

 

9.8

Until the facts have been clarified, the customer will store the goods properly and, in the interest of both parties, insure them with full coverage at least up to the purchase price.

 

9.9
Furthermore, the customer is obliged to notify the carrier (carrier) immediately, but in any case within the period provided for in the transport contract, if there is suspicion of transport damage. In this case, GM must also be informed in writing of any possible transport damage.

9.10
A defect in the delivery will be corrected at GM’s discretion by free improvement or replacement of the item. However, if improvement or replacement is impossible or involves disproportionate effort for GM, the customer has the right to withdraw from the contract or reduce the price. A price reduction shall be deemed to have been agreed upon only up to the limit of 30% reduction of the agreed net fee; in addition, the customer is obliged to withdraw from the contract unless GM agrees to a further price reduction. Any further claims are governed by point 10 of the present General Terms and Conditions. A legal presumption that the goods were defective upon delivery, if a defect occurs within the first six months after delivery, is excluded.

9.11
Warranty claims of the customer become time-barred six months after the transfer of risk. If such a warranty period of 6 months cannot be effectively agreed according to the applicable legal system, this warranty period shall be deemed to be extended to the minimum period permitted by the applicable legal system. The duration of any delay in acceptance shall be deducted from this warranty period in a shorter manner.

9.12
A prerequisite for the fulfilment of GM’s warranty obligations is the fulfilment of all contractual obligations incumbent on the customer, in particular any obligations to cooperate and the agreed terms of payment.

 

 

9.13

The customer undertakes to comply with the processing guidelines issued by GM for certain products in the respective version and to oblige third parties involved in the processing by the customer to comply with the processing guidelines provided. The customer shall indemnify/indemnify GM against all damages and claims of third parties caused by the customer’s non-compliance with the processing policy or by third parties involved in the processing (this also applies in the event that such claims should in fact not exist, provided that a corresponding sufficient reimbursement of costs by the third party is not made).