9. Warranty

9.1 The contractual partner warrants that the object of his delivery or service is manufactured from flawless material, corresponds to our order and the relevant, available technical data and quality guidelines, generally complies with the recognised state of the art, has the agreed properties, and is entirely suitable for the intended purpose.

9.2 If the delivery or service does not comply with these requirements, then our warranty claims will be determined by the subsequent conditions, for construction works and services, to VOB/B, and generally according to the statutory regulations.

9.3 In the event of defects in construction works or delivered goods, which the contractual partner is to produce for us as a non-fungible (provision of works and material), we can, at our choice, demand remedy or replacement, which the contractual partner shall carry out in each case at the place of performance and at his cost. If the remedy or replacement has not been carried out within a new deadline set by us, or if it was not carried out successfully, we can, at our choice, withdraw from the contract, reduce the contractual price, or demand damages for non-fulfilment; in particularly urgent cases, we have these rights without setting a new deadline.

9.4 For defects in other deliveries, we can, at our choice, demand remedy or replacement, or withdraw from the contract or reduce the contractual price even without setting a new deadline, or, if the defects relate to a guaranteed property, demand damages.

9.5 In urgent cases, we also have the right, at the expense of the contractual partner, to correct the defects ourselves, to have them corrected by a third party, or in some other way to obtain replacement. In particular, a case can be considered urgent if a demanded remedy or replacement has not been made within one week, or if the defect in the object of delivery or service would lead to further damage, such as a loss of production or warranty claims of a third party against us.

9.6 For any remedy, replacement delivery or repurchase, the contractual partner has to compensate us for all incurred costs, including the costs of inspection, and removal and re-installation by us or a third party, and, in so far as further materials are required for replacements, their costs.

9.7 The warranty period for construction works is 5 years; that applies also to other deliveries and services of the contractual partner that are intended for a particular construction project and designated as such in a way that it is recognisable for him (in particular by giving the construction project as the delivery address in our order). Otherwise, our warranty claims do not expire until at least 12 months after acceptance of the delivery or service. If our order is executed as several partial deliveries, then the expiry deadline for the warranty for the entire delivery does not start until the last partial delivery has been accepted.