xiMU - Technical Manual Version 2.10
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6. If, after completion, the Supplier demands acceptance of the Supplies, the Purchaser shall comply therewith within a period of
two weeks. The same consequences as upon acceptance arise if and when the Purchaser lets the two-week period expire or the
Supplies are put to use after completion of agreed test phases, if any.
Article VII: Receiving Supplies
The Purchaser shall not refuse to receive Supplies due to minor defects.
Article VIII: Defects as to Quality
The Supplier shall be liable for defects as to quality ("Sachmängel", hereinafter referred to as "Defects",) as follows:
1. Defective parts or defective services shall be, at the Supplier's discretion, repaired, replaced or provided again free of charge,
provided that the reason for the Defect had already existed at the time when the risk passed.
2. Claims for repair or replacement are subject to a statute of limitations of 24 months calculated from the start of the statutory
statute of limitations; the same shall apply mutatis mutandis in the case of rescission and reduction. This shall not apply:
- where longer periods are prescribed by law according to Sec. 438 para. 1 No. 2 (buildings and things used for a building), and
Sec. 634a para. 1 No. 2 (defects of a building) German Civil Code ("Bürgerliches Gesetzbuch"),
- in the case of intent,
- in the case of fraudulent concealment of the Defect or
- non-compliance with guaranteed
characteristic (“Beschaffenheitsgarantie”).
Claims for the reimbursement of expenses on the part of the Purchaser in accordance with Sec. 445a BGB (entrepreneur’s right
of recourse) shall likewise be subject to a statute of limitations of 24 months from the start of the statutory statute of limitations,
provided the last contract in the supply chain is not a sale of consumer goods. The legal provisions regarding suspension of the
statute of limitations ("Ablaufhemmung", "Hemmung") and recommencement of limitation periods shall be unaffected.
3. Notifications of Defect by the Purchaser shall be given in written form without undue delay.
4. In the case of claims for Defects, the Purchaser may withhold payments to an amount that is in a reasonable proportion to the
Defect. The Purchaser has no right to withhold payments to the extent that its claim of a Defect is time-barred. Unjustified
notifications of Defect shall entitle the Supplier to demand reimbursement of its expenses by the Purchaser.
5. The Supplier
shall be given the opportunity to repair or to replace the defective good ("Nacherfüllung") within a reasonable
period of time.
6. If repair or replacement is unsuccessful, the Purchaser is entitled to rescind the contract or reduce the remuneration; any
claims for damages the Purchaser may have according to No. 10 shall be unaffected.
7. There shall be no claims based on Defect in cases of insignificant deviations from the agreed quality, of only minor impairment
of usability, of natural wear and tear, or damage arising after the passing of risk from faulty or negligent handling, excessive
strain, unsuitable equipment, defective civil works, inappropriate foundation soil, or claims based on particular external influences
not assumed under the contract, or from non-reproducible software errors. Claims based on defects attributable to improper
modifications, installation/ removal, or repair work carried out by the Purchaser or third parties and the consequences thereof are
likewise excluded.
8. The Purchaser shall have no claim with respect to expenses incurred in the course of supplementary performance, to the
extent that expenses are increased because the subjectmatter of the Supplies has subsequently been brought to another location
than the Purchaser's branch office, unless doing so complies with the normal use of the Supplies. This applies accordingly to
claims for the reimbursement of expenses on the part of the Purchaser in accordance with Sec. 445a BGB (entrepreneur’s right
of recourse), provided the last contract in the supply chain is not a sale of consumer goods.
9. The Purchaser's right of recourse against the Supplier pursuant Sec. 445a BGB (entrepreneur’s right of recourse) is limite
d to
cases where the Purchaser has not concluded an agreement with its customers exceeding the scope of the statutory provisions
governing claims based on Defects.
10. The Purchaser shall have no claim for damages based on Defects. This shall not apply to the extent that a Defect has been
fraudulently concealed, the guaranteed characteristics are not complied with, in the case of loss of life, bodily injury or damage to
health, and/or intentionally or grossly negligent breach of contract on the part of the Supplier. The above provisions do not imply a
