Warranty/Liability
For a period of 12 months from transfer of risk, the Buyer shall initially be entitled to subsequent performance (repair or replacement at Elring option). Should the subsequent performance be unsuccessful on at least two occasions or be disproportionate, the Buyer may rescind the Contract or reduce the purchase price.
Elring's liability as well as that of a legal representative or a performing agent shall be limited to cases of wilful intent or gross negligence. In the event of a breach of material contractual obligations, company shall be liable in accordance with the statutory provisions. Any claim for damages shall, however, be limited to damages that are typical for the Contract and foreseeable at the time the Contract is entered into. These provisions shall also extend to claims for damages in addition to performance and damages in lieu of performance, on whatever legal grounds, in particular on account of defects, the infringement of duties arising from an obligation or from a tortious act. They shall also apply in the event of claims for reimbursement of nugatory expenditure.
Defects caused by natural wear and tear and incorrect assembly as well as minor divergences from the agreed quality shall, in particular, but not limited, be excluded from the warranty.
If Elring make deliveries based on sampling, they shall warrant only the qualitative and dimensional characteristics of the sample approved by the Buyer.
Claims for damages arising from tort shall be excluded, unless the damages have been caused by wilful intent or gross negligence. This shall also apply to acts by Elring's vicarious and performing agents. In the event of injury to life, limb or health as well as in the event of product liability, they shall be liable in accordance with the statutory provisions.
Magnuson-Moss Warranty Act:
Legally, a vehicle manufacturer cannot void the warranty on a vehicle due to an aftermarket part unless they can prove that the aftermarket part caused or contributed to the failure in the vehicle (per the Magnuson Moss Warranty Act (15 U.S.C. 2302(C)) Learn More