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4.3 Should such hindrance last for more than three months, then Customer will, after
having granted an appropriate extension of the original period, be entitled to cancel the
agreement with regard to the part not yet performed. Should the delivery period be
prolonged or should TAB become free of its obligation, then Customer will not be able to
derive any damage claims out of this.
4.4 TAB will at any time be entitled to make partial deliveries and part performances.
5. Venue of Performance, Dispatch and Passing of Risk
5.1 Venue of performance will be the registered seat of TAB at Haider Straße 40, 4052
Ansfelden. Packing and dispatch will be effected at Customer's expense and risk. Upon
Customer's express request and at his expense, the delivery will be insured against
breakage, transport and fire damage.
5.2 The risk will pass to Customer upon conclusion of the agreement.
6. Warranty and Liability
6.1 Seller will have to be informed in writing about defects of new pieces of equipment
delivered by TAB no later than within eight days after receipts of the goods.
6.2 In case of hidden defects, complaints may only be made immediately after detection
thereof, but no later than three months after receipt of the goods.
6.3 Should a third party have repaired, or tried to repair, the delivered goods, then any
complaint will be excluded. The same will be applicable should Customer incompetently
interfere with the delivered goods.
6.4 Complaints will have to be made in writing. Should TAB not be informed in good time
in accordance with the above paragraphs about possible defects of the goods, then all and
any warranty claims will be excluded.
6.5 Should goods delivered by TAB be defective or should faults be discovered within the
warranty period, then TAB will only have to undertake improvement or substitute delivery
within an appropriate period, whereby TAB will in any case be entitled to deliver a
replacement instead of correction. There will be no other or further claims, in particular to
diminution of price, or replacement for any repair services carried out in-house or ordered
from outside, regardless of the legal grounds, unless separately agreed upon with TAB.
Compensation of possible consequential damages will be limited to direct damages up to
half of the respective order's invoice value; Customer will only be entitled to this if TAB or its
employees can be blamed for gross negligence or wrongful intent.
6.6 The defective goods are to be surrendered to us or returned to us. Repairs at the setup
site are not possible. Transport costs and transport risk are to be borne by Customer.
6.7 Damage claims will only exist in case of wrongful intent or gross negligence and will be
limited as to their amount by the invoiced amount.
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