Liability - WMF 06 3286 6044 Mode D'emploi

8. LIABILITY

WMF shall be liable for legitimate defects as to quality as follows:
Any products delivered or any services rendered showing a defect as to quality within the period of
limitation shall be, at WMF's reasonable discretion, repaired or rendered again, if the cause of the
defect as to quality had already been present when the risk was passed.
Claims for defects as to quality are subject to a limitation period of 12 months. This period shall
start with the day when the risk is passed. The above period shall not apply in case there are longer
periods required by the German Civil Code (BGB).
The buyer shall immediately give written notice of defects as to quality to WMF. Replaced
parts shall pass into the ownership of WMF.
At first WMF shall always be given the opportunity for a subsequent performance within a
reasonable period. The buyer shall make available the rejected object to WMF.
We are not liable:
for any components that are subject to a normal wear and tear. This includes but is not
-
limited to gaskets and washers, ribbons, and proportioning devices;
for defects caused by atmospheric influences, deposit of boiler scale, chemical, physical,
-
electro-chemical or electrical influences, unless these defects are attributed to a fault of
WMF;
for defects resulting from the failure to comply with the instructions relating to the
-
handling, maintenance and attendance of the device (e.g. operating and maintenance
instructions of WMF laid down in the operating manual of the respective percolator type);
for defects resulting from the inappropriate or improper use, from the failure to use WMF
-
genuine spare parts or from the faulty installation by the buyer or a third party, or from a
faulty or negligent handling; and for consequences from modifications or repair works that
were made improperly and without our consent by the buyer or a third party.
Claims for damages by the buyer, irrespective of their legal grounds, particularly on account of
violations of the contractual obligation and on account of tortious acts, shall be excluded.
The above exclusion shall not apply in so far as there is a mandatory liability, e.g. in case of giving
warranties as to quality or durability, pursuant to the German Product Liability Act, in cases of
willful acts, of gross negligence, of fatal injuries, of bodily injuries or injuries to health, or in case
of any violation of substantive obligations from this contract. A reversal of the burden of proof to
the disadvantage of the buyer is not implied by the above regulations.
23