a. The properties of the delivery items shall be exclusively as specified in the order confirmation or, in the event that delivery is made without order confirmation, in the item description in the current vhf catalogues. If a delivery item is not listed in the catalogues and a delivery is nonetheless made without an order confirmation, the scope and content of the performance owed shall be as specified in the written order. The contracting party shall bear the risk of the delivery items being suitable for the purpose envisaged and of their compatibility with other components or systems. The condition of the delivery items at the time the risk is transferred shall alone be decisive for the contractual condition of the delivery items.
b. We shall, in particular, not be liable for any malfunction and/or damage caused by inappropriate or improper use or operation, defective assembly and/or commissioning by the contracting party or a third party, incompatibility with other systems or modules, customary wear and tear, faulty or negligent handling, or for the consequences of incorrect changes or repairs carried out by the contracting party or third parties without our authorisation. The contracting party shall be responsible for data security.
c. Legal defects or material defects, the absence of one of the guaranteed characteristics of the delivery item (hereinafter: defect), as well as over-delivery, under-delivery or incorrect delivery (hereinafter: deviations) shall be reported in writing immediately and within two weeks of receipt of the delivery item at the latest in the case of deviations or externally visible defects. Defects that are not obvious shall be reported in writing by the contracting party as soon as they are discovered. If deviations or defects are not reported within the aforementioned time limits, claims against us for defects shall be excluded.
d. If a defect or deviation is reported in a timely manner, the contracting party shall, at our discretion, be entitled to supplementary performance in the form of rectification of defects or replacement. The necessary costs resulting herefrom, such as labour, transport, travel and material costs, shall be borne by us provided they are necessary to remedy the defect and do not increase as a result of the delivery item being taken to a place other than the place of delivery, unless this corresponds to its intended use. If no defects are identified, we shall be entitled to pass on the costs of the investigation in accordance with our remuneration rates, including freight costs.
e. Following consultation, the contracting party shall give us the necessary time and opportunity to be able to effect rectification of defects or replacement. The contracting party shall be obliged to send us, in writing, an accurate and comprehensive description of all defects or malfunctions and support us in the analysis of faults and removal of defects. We shall have the right to make the statutory number of attempts at remedial action. Due to the complexity of software, under certain circumstances, several attempts at remedial action may be necessary.
f. We shall be entitled to take remedial action in accordance with our warranty conditions set out in Section 11 below. The contracting party shall, in any event, send us the defective components free of charge if requested to do so. In this case, we shall remedy the defect by sending a component that is free of defects to the contracting party free of charge. If the defect cannot be remedied in this way, remedial action shall be taken by a service technician on site.
We shall also be entitled to remedy software defects through the remote transfer of data and through the installation of patches or alternative program parts. The contracting party shall be required to accept a new program version or a previous program version that is equivalent to the original version and does not contain the error, if this is considered reasonable and appropriate. We shall bear no liability whatsoever if the contracting party rejects these options.
g. If repair or replacement is unsuccessful, the contracting party shall be entitled to reduce the payment due to us and, in the event of not inconsiderable breach of duty, to withdraw from the contract and/or assert claims for compensation pursuant to Section 12 below.
h. Claims arising from a defect shall expire twelve months after the delivery item has been handed over. This shall not apply if longer periods are required by law. Nor shall this apply in the case of claims for damages and for reimbursement of expenditure aimed at compensation for personal injury or impairment of health or based on intent or gross negligence or under warranties issued by us, in particular pursuant to Section 11 below.