• If the buyer himself or any third party charged by him are in delay with work to be done by them, or in default with respect to contractual obligations, or if the buyer fails to comply with terms of payment.
6.3. The buyer shall be entitled to claim compensation for loss caused by default in the event of delayed deliveries, provided it can be proved that the delay is due to our fault and that he furnishes prima facie evidence for a damage suffered as a result of such delay. If a substitute delivery is made in due time, the buyer cannot claim compensation for default. Compensation for default shall not exceed 0.5% for every full week's delay and shall by no means exceed 5% of the contract price of that part of supplies that is delayed. The first two (2) weeks of a delay shall not give rise to any claim for compensation. Once the upper limit fixed for compensation for default has been reached, the buyer shall grant us an adequate additional period in writing.
If this additional period is not observed for reasons within our control, the buyer is entitled to refuse acceptance of the delayed part of the supplies concerned. If a partial acceptance of supplies cannot be reasonably expected of him for economic reasons, he shall be entitled to withdraw from the contract and to claim refund of payments already made, against restitution of supplies received.
6.4. The buyer shall not be entitled to raise any claims and he may not assert any rights in the event of delayed supplies or services, except those expressly stipulated in this Art.6. Further claims for damages may be raised only in the event of damage caused by gross negligence or unlawful intent and only to the extent the above compensation for default has proved insufficient to cover the damage caused.
7. Passing of Benefits and Risks
7.1. The benefits and the risks shall pass to the buyer the moment the delivery leaves our facilities at the latest. If delivery is postponed at the buyer's request or delayed for any reason beyond our control, the risk shall pass to the buyer at the time the delivery was originally scheduled to leave our works. From this moment, the products shall be stored and insured for the account and at the risk of the buyer.
8. Examination and Acceptance
8.1. Each delivery shall be examined by us to customary extent before leaving our facilities. If the buyer wants additional examinations to be conducted, they shall have to be agreed on separately and have to be carried out at the buyer's expense. Any special acceptance examinations and the provisions for their implementation required a separate agreement.
8.2. The buyer shall examine deliveries received and services obtained within a reasonable period of time and shall notify us immediately in writing in the event that defects exist. If the buyer fails to notify, deliveries and services are deemed to have been accepted subject to hidden defects, if any.
8.3. We undertake to remedy defects/deficiencies that have been notified pursuant to Art. 8.2 above, at our discretion, either by consignment of replacement, or on repair as soon as possible. The buyer shall grant us the time and provide the opportunity for such subsequent improvement. Insofar as defective parts have to be replaced, such defective parts shall pass into our ownership.
8.4. Defective deliveries or insufficient services do not transfer any rights or claims to the buyer except those expressly specified in Art. 8 and Art. 9 (warranty and liability in the event of hidden defects).
9. Warranty, Liability for Hidden Defects
9.1. Except as explicitly stated otherwise, the warranty period (period of guarantee) for our products is 24 months and it shall run from the departure of the delivery from our facilities. If the delivery of the products is delayed for reasons beyond our control, the warranty period shall end 30 months at the latest after notification of readiness for delivery.
The warranty period for replaced or repaired parts of the products is six (6) months starting, as the case may be, from the moment the replacement has been effected, or the repair work has been finished, provided that the warranty period for the products as a whole, pursuant to the preceding paragraph, expires at an earlier date. In any case the warranty period shall end 24 months at the latest after beginning of the ordinary warranty period stipulated under Art. 9.1 Abs. 1.
9.2. The right to raise warranty claims expires prematurely if the buyer or third parties carry out repair work or effect modifications without our prior written consent, or if the buyer, in the event of a defect, fails to take immediately all appropriate steps to mitigate resulting damage and grants us the opportunity to remedy such defect.
9.3. We undertake to replace or repair at our discretion and as soon as possible upon written notification by the buyer, all parts of the products of which it has been proved that they have become defective or unserviceable, before the end of the warranty period, due to faulty material or construction, or imperfection in the execution. Faulty parts shall have to be sent to us on request. Such faulty parts as have been replaced by new ones shall become our property.
After expiry of the warranty period pursuant to Art. 9.1 para. 1, a warranty for replaced or repaired parts of the products (Art. 9.1 para. 2) is given for the replaced or repaired parts only, whereas the costs incurred in relation with the removal, transport and reinstallation of such parts shall be assumed by the buyer.
9.4. Warranted characteristics are only those characteristics that have been expressly qualified as such by the respective specifications and shall be guaranteed up to the expiry of the warranty period at the latest. If warranted characteristics are missing, in full or in part, the buyer shall in the first place be entitled to claim subsequent improvement to be carried out by us immediately, whereas the buyer shall grant us the necessary time and opportunity to accomplish. If the attempt at subsequent improvement proves unsuccessful or succeeds in part only, the buyer shall be entitled to demand an adequate price reduction. If a defect is so serious that it cannot be remedied within a reasonable period of time and if the products or services rendered cannot answer the agreed purpose at all, or answers this purpose only to a considerably reduced extent, the buyer shall be entitled to refuse acceptance of any defective parts supplied, or, if a partial acceptance cannot reasonably be expected of him for economic reasons, to withdraw from the contract. We shall be held liable only for the refund of such amounts as have been paid to us for such parts in respect of which the withdrawal from the contract has taken place.
9.5. Excluded from warranty and liability is all damage of which it cannot be proved that it is due to faulty material or construction, or imperfection in the execution, such as depreciation due to ordinary wear and tear, damage resulting from insufficient maintenance, noncompliance with operating instructions, excessive strain, inadequate means of operation, chemical effects, construction or assembly work not executed by us, or due to other causes beyond our control.