The warranty period is one year from the date of performance. This period of limitation shall also apply to contractual and non-contractual claims for damages by the contractual partner which are based on defective performance. The limitation periods of the Product Liability Act shall remain unaffected in any case.
Goods delivered by CURREX shall be carefully inspected immediately upon delivery to the contractual partner or to a third party designated by the contractual partner. Such goods shall be deemed to be approved unless CURREX receives a written complaint in respect of obvious defects or other defects that could have been identified during an immediate, careful inspection within five working days of delivery, otherwise within five working days of the discovery of the defect or the point in time at which the defect was identifiable to the contractual partner during normal use of the goods without further inspection.
In the event that a notice of defect by the contracting partner turns out to be unjustified and the contracting partner was aware of the non-existence of the defect or could have been aware of it, CURREX shall be entitled to demand reimbursement of the costs of inspection and removal incurred by the contracting partner.
In the event of a defect, CURREX shall initially be entitled and obliged, at its own discretion, to repair or replace the defective goods. In the event of failure, the contractual partner shall have the right to withdraw from the contract or to reduce the purchase price.
The warranty shall not apply in the event of improper use or handling of goods delivered by CURREX.