1) Multiplex GmbH must make available the Deliveries to the Customer free from defects upon delivery. The Deliveries are free from defects, if they are in conformity with the agreed properties.
2) If a defect is caused by the Customer’s specification, or upon the Customer’s request, or by products or materials provided or requested by the Customer or by other actions of the Customer, Multiplex GmbH shall not be liable for it. This shall also apply for defects and other deficiencies that are caused by the design documents of the Customer or the Customer’s design engineer.
3) The Customer must inform Multiplex GmbH of defects in writing. The Customer must provide a description of the defect and the product parts affected by the defect. The notification must be made in a way that Multiplex GmbH can take remedial measures without a survey of the defect.
4) In case of a defect, the Customer must grant Multiplex GmbH the opportunity to remedy the defect. The Customer must set Multiplex GmbH a reasonable deadline to remedy the defect. In case that the defect emerges only after the product has been moved abroad and that remedial action must be taken there, the deadline to remedy the defect is at least 6 weeks, calculated as from receipt of the written notification of the defect.
5) If the defect emerges a further time on the same component or unit, Multiplex GmbH has the right to remedy the defect a second time. If this fails, the Customer can choose to claim a reduction of the contract price or rescind the contract. In case of minor non-conformities, in particular in case of minor defects, the Customer is however not entitled to rescind the contract. A defect is to be regarded “minor”, if the costs to remedy it would be below 10 per cent. of the total contract price. If the defect has effect only in relation to a separable component or unit, the right to rescind only exists in relation to this component or unit.
6) In the context of remedial works, Multiplex GmbH must bear all material and personnel costs in relation to the remedial works. Travel and accommodation expenses for remedial works that are executed outside the European Union must be borne by the Customer. The travel expenses shall also cover the necessary travel times.
7) In the context of remedial works, Multiplex GmbH may instruct a third party to remedy the defect.
8) The Customer’s warranty rights expire with regard to any parts that have been modified by the Customer or a third party without the prior consent by Multiplex GmbH. The warranty rights furthermore expire if the Customer does not present the defective parts in the condition they were in, when the defect was first detected. They also expire insofar as the defective part originates from the production of a certain third party and the Customer refuses replacement with a substantially similar part produced by another third party.
9) Multiplex GmbH does not give any warranty with respect to damages that have been caused due to the following reasons:
• unfit or improper use or handling,
• omitted installation or operation by the Customer or a third party,
• normal wear and tear,
• faulty or negligent care – especially excessive strain -,
• use of equipment or parts which do not conform to the users manual,
• chemical, electrochemical, and/or electrical influences, as long as these do not result from a fault by Multiplex GmbH.
10) Multiplex GmbH does not give any warranty if and to the extent that it complied with special requests by the Customer regarding the construction or the use of certain materials.
11) Mulitplex GmbH does not assume any guaranteed undertaking towards the Customer. This is without prejudice to guarantees provided by third-party manufacturers.