Liability for defects
1. For any possible defects we shall provide guarantee by rectification of defects or supplementary performance.
In case the rectification of defects or supplementary performance fails, the ordering party may request at his own choice a reduction of the payment (abatement) or the cancellation of the agreement (rescission).
This shall also apply, if we should seriously and finally refuse any rectification of defects.
2. The ordering party shall not be entitled to the right of revocation, provided, that the reported breach of duty should be insubstantial.
3. The aforementioned rights to claims for defects shall become time-barred after one (1) year in the case of repairing of movable objects.
This shall not apply, insofar as the given claim is for compensation due to defects.
For damage claims due to defects Paragraph VIII of the general business terms and conditions shall apply.
For entrepreneurs, the statute of limitations, in case of the delivery of new and spare parts, is one (1) year after the day of dispatch of the goods.
For consumers the statute of limitations is two (2) years after the day of dispatch of the goods.
4. Any warranty is excluded in case of defects which result from the non-compliance with the operating instructions for the startup procedure, or use of the delivered object, or, which may be the result of the inappropriate or improper operation of the merchandise.
The same applies in case of the improper operation, installation, or activation of the device, as well as the use of inappropriate auxiliary means, tools, or materials by the purchaser or by any third party, and the ordinary wear and tear of the object.
Furthermore, we do not assume any liability if the automotive electronics in question had been opened by the purchaser or by any third party.
5. We do not grant any guarantee to the ordering party in the legal sense.
Liability for damages
1. Our liability for contractual breaches of duty as well as for tortuous claims is limited to cases where the contractual breach has occurred due to intent or gross negligence.
This shall not apply in case of of injuries to the life, body or health of the customer, or in the case of claims due to the breach of cardinal obligations and compensation of damages caused by delay (Paragraph 286 of the German Civil Code).
In this respect, we shall assume liability for any degree of the fault.
A cardinal obligation is such an obligation, which the signing parties can consistently count on to be fulfilled, and which enables the contract itself to be performed an the order to be carried out.
2. The aforementioned exemption from liability shall also apply to breaches of duty by our vicarious agents, if the breach of duty occurred due to slight negligence.
3. Our liability for damages, excluding the cases of damage to the life, body or health of the ordering party, insofar as any liability for damages is not excluded for slight negligence, shall become time-barred within one (1) year, starting with the formation of the claim, respectively, in case of compensation claims due to a defect, one (1) year after the day of transfer, respectively, acceptance ex-works.
4. Insofar as liability for damages vis-à-vis us is excluded or restricted, this shall also apply with regard to the personal liability for damages of our employees, salaried employees, staff members, representatives and vicarious agents.
