Guarantee, Disclaimer of Warranty and Limitation of Liability
Victor Reinz guarantees that the sold goods will be free of material defects for a period of twelve months from the date of delivery. The time period of warranty starts with the date of delivery of the goods. This period is a term of limitation and also applies to claims for consequential damages for defects provided no claims from tortious acts have been awarded.
Victor Reinz's liability for goods proven to be defective within the warranty period is limited to repair or replacement. In no case shall Victor Reinz be liable for incidental or consequential damages. If replacement goods also prove materially defective, the customer shall have the right to withdraw from the contract. The customer’s rights under this warranty are limited to material, non-minor defects. In no event shall the customer be entitled to reduce the contract price.
A customer electing to withdraw from the contract after demonstrating a material defect with replacement goods as provided for above waives all rights to claim damages in tort or contract beyond the return of the contract price.
In the event that a customer elects not to withdraw from the contract but rather to seek damages for a failure of performance on Victor Reinz part, the damages to which the customer is entitled shall be no greater than the difference between the value of the defective goods and the purchase price of the goods, unless Victor Reinz's failure of performance is caused by their intentional acts. A customer seeking damages rather than withdrawing from the contract shall retain the goods if it is commercially reasonable for the customer to do so.
Victor Reinz product descriptions are only general descriptions. Any public statement and recommendation is no description of the specific aspects and characteristics of the specific products that are the subject of the contract.
The customer shall only have the right to withdraw from the contract to the extent that Victor Reinz has failed to cure the proven defect or provide a replacement within a reasonable period fixed for cure. The customer shall further have the right to withdraw from the contract to the extent that it is not commercially reasonable for the customer to accept cure as an effective remedy.
Victor Reinz specifically and generally disclaims, to the fullest extent allowed by law, liability for any damages not specifically permitted by this section, including but not limited to the following: Victor Reinz is not liable for any damages other than those to the delivered goods themselves. Thus, they are not liable for lost profits, incidental, or consequential damages. Neither the foregoing limitation of liability nor the other limitations of liability in this section are applicable in case of damages claimed for personal injury or death or in case the damages arising from gross negligence or due to breaches of cardinal obligations of the contract. These limitations shall also be deemed not to apply to the extent that the customer has the right to claim damages pursuant to a breach of warranty. The liability is limited on the foreseeable typical damage but not in the cases of this section 6, para. 8, sentences 3 and 5. The burden of proof borne by the customer shall not be shifted or altered by the foregoing stipulations of this section 6, para. 8.
- The Purchaser’s statutory warranty claims, including the right to terminate an agreement and damage claims are not restricted.
- Especially, in case of defect the Purchaser is entitled to demand within its sole discretion remedy of the defect or replacement delivery, irrespective of the nature of the contract to be classified as a purchase agreement or an agreement for work with fixed deliverables, unless the Supplier proves that the chosen kind of replacement fulfillment of the contract would cause unreasonable costs for the Supplier. The Purchaser explicitly reserves the right to claim damages, especially damages instead of fulfillment.
Fulfillment of contract by way of substitution
- Subject to agreement with the Supplier, the Purchaser may perform the remedy of defects by itself or through a third party. This also applies to defective deliverables in case of a contract on work with fixed deliverables, if the Supplier has not complied with its obligation to provide remedy for the defect within a reasonable deadline set by the Purchaser. In case of imminent danger the Purchaser is entitled to perform the remedy of defects by itself or through a third party without prior agreement with the Supplier.
- The warranty period shall be 36 months beginning with the passing of the risk, unless the compulsive stipulations of sec. 478, 479 (German Civil Code, BGB) are applicable.