Aguti Produktentwicklung
& Design GmbH
Bildstock 18/3
D - 88085 Langenargen
T +49 7543 9621.60
[email protected]
www.aguti.com
© Aguti 2022
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manner, the deadline is considered to have
been met. The burden of proof falls entirely
to the entrepreneur for all claim require-
ments, particularly for the defect itself, for
the date when the defect was discovered
and for the timeliness of the defect com-
plaint.
Consumers must inform us in writing of
any obvious defects, within 2 months of
the date when the goods were discovered
to be in violation of contractual standards.
Compliance with this deadline is based
on receipt of the notification by metalfo
-
am. If the consumer fails to provide such
notification, the guarantee rights shall lapse
2 months after the defect is discovered. This
does not apply in the event of malice on
the part of the seller. The consumer shall
bear the burden of proof for the date the
defect was discovered. If the consumer was
persuaded to purchase the item through
inaccurate claims by the manufacturer, the
consumer shall bear the burden of proof for
its purchasing decision. For used goods, the
consumer shall bear the burden of proof for
the item’s defectiveness.
5.
If, due to a legal or material defect, the
customer chooses to withdraw from the
contract, the customer shall not be entitled
to any additional damage claims due to the
defect. If the customer chooses to claim
damages after an unsuccessful subsequent
performance, the goods shall remain with
the customer if this is reasonable. The da-
mage compensation shall be limited to the
difference between the purchase price and
the value of the defective item. This shall
not apply if we maliciously committed the
contractual violation.
6.
For entrepreneurs, the guarantee period
is 1 year as of the delivery or transfer of the
goods. For consumers, the grace period
shall be 2 years as of the delivery of the
goods. However, this shall not apply if the
customer does not notify metalfoam of the
defect in a timely manner corresponding to
the notification period given in Point 4.
7.
If the purchaser is an entrepreneur, only
the manufacturer’s product description shall
determine the agreed characteristics. Public
statements, claims or advertisements by the
manufacturer do not constitute contractual-
ly guaranteed characteristics of the goods.
8.
The client does not receive warranties in
the legal meaning from us; warranties of the
manufacturers will remainunaffected by this.
9.
If the customer receives deficient
assembly instructions, we shall be merely
obligated to supply defect-free assembly
instructions and this also only if the defect in
the assembly instructions stands in the way
of proper assembly.
§ 9 Limitations of liability
1.
In the event of slightly negligent violations
of obligation, our liability shall be limited
to the average direct damages that are
foreseeable and typical in contracts for this
type of goods. This also applies to slightly
negligent violations of obligation by legal
representatives, managing employees
and other agents. In the event of a slightly
negligent violation of insignificant contrac
-
tual obligations, we shall not be liable to
entrepreneurs.
2.
The present liability limitations do not
apply to the customer’s claims arising from
product liability. Furthermore, the liability
limitations do not apply to attributable
damages to body or health, or in the event
of the customer’s loss of life.
3.
The customer’s damage claims due to a
defect shall lapse one year after the delivery
or transfer of the goods. This shall not apply
if metalfoam can be accused of malice, or in
the event of attributable damages to body
or health, or in the event of the customer’s
loss of life.
Warranty
1.
If the buyer is a entrepreneur, we offer a
guarantee for defects in the item of either
rectification oft he defects or a replacement
delivery, by our choice.
2.
If the purchaser is a consumer, he or she
can first choose whether the subsequent
performance will take place by way of rectifi
-
cation or replacement delivery. However, we
are entitled to refuse the type of subsequent
performance chosen if this is only possible at
an unreasonable cost and if the other type of
subsequent performance does not cause a
significant disadvantage to the consumer
3.
If the type of subsequent performance
chosen by the customer is unsuccessful, i.e.
if the defect is not rectified or if a fault-free
item is not delivered, the customer can
fundamentally choose to either lower the
compensation (reduction) or have the con-
tract nullified (withdrawal). However, in the
event of an insignificant contractual violation,
particularly for insignificant defects, where
the subsequent performance chosen by the
customer is only possible at an unreasonable
cost, the customer shall not be entitled to a
withdrawal.
4.
Entrepreneurs must report obvious
defects in writing within the time laid down
in section 377 HGB; otherwise the right to
assert guarantee claims shall be excluded.
If the notification of defect is sent in a timely
General information
Torque table
Strength class Nm
8.8
10.9
12.9
M4
2,2
3,2
3,8
M5
4,3
6,3
7,3
M6
7,4
10,9
12,7
M8
17,9
26,2
30,7
M10
36,0
53,0
61,0
M12
60,0
90,0
105,0
M14
-
-
-
M16
60,0
-
-
M20
-
-
-
M24
-
-
-
7/16‘
40,0
7/16 screws are to be fixed with medium
strength thread locking.
Deviation of maximum permissible torque
Screws up to M8 12%+- deviation
Screws up to M16 10%+- deviation
Screws up to M24 5%+- deviation
Screw 7/16 5%+- deviation
Aguti Produktentwicklung
& Design GmbH
Bildstock 18/3
D - 88085 Langenargen
T +49 7543 9621.60
[email protected]
www.aguti.com
© Aguti 2021