RIGHTS OF THE CUSTOMER DUE TO DEFECTS
a) The delivered items are immediately after delivery to the customer or to the carefully inspect third parties designated by him. They are considered approved if Underwater International Germany GmbH not a notice of defects in written form regarding obvious defects or other defects, which were identifiable by an immediate, careful examination within seven working days after delivery of the delivery item or otherwise within seven working days after the discovery of the defect or any earlier date in which the lack for the customer with normal use of the delivery item without further details Examination was apparent, received in text form.
b) At the request of Underwater International Germany GmbH, the object of delivery shall be returned to Underwater International Germany GmbH. At justified complaint, Underwater International Germany GmbH reimburses the costs of the cheapest shipping route; this applies not, as far as the costs increase, because the delivery item is in a different location as the place of intended use.
c) In the case of material defects of the delivered items, Underwater International GmbH shall within appropriate deadline to be taken first to eliminate the defect or replacement committed and entitled. If the subsequent performance fails, the customer is free to choose entitled to demand withdrawal or reduction.
d) The warranty is void if the customer without the consent of Underwater International Germany GmbH Subject of the delivery changes or can be changed by third parties and the remedy of defects thereby impossible or unreasonably difficult.
The warranty is also void if operating or maintenance instructions from Underwater International Germany GmbH or not followed by the manufacturer, parts replaced or consumables used that does not meet the original specifications or equivalent Actions on the delivery item are made.
In any case, the customer has the additional costs of the change due to the change Defect removal carry.
e) It is not considered a defect when manuals and other analog and digital Accompanying material (as usual in the industry) are written in English.
Unless otherwise agreed in writing, Underwater International Germany GmbH is not liable for the content of such ancillary products.
f) We are liable according to the legal provisions, if the customer claims for damages based on intent or gross negligence, including intent or gross negligence of our representatives or vicarious agents are based. As far as we are not accused of intentional breach of contract the liability for damages is foreseeable, typically occurring Damage limited.
g) We are liable according to the legal provisions, if we culpably a substantial violate contractual obligation; also in this case, however, the liability for damages on the foreseeable, typically occurring damage.
h) To the extent that the customer is otherwise entitled to a claim for negligent breach of duty Replacement of damage instead of performance is our liability to replace the foreseeable, typically occurring damage.
i) Liability for culpable injury to life, limb or health stays untouched; this also applies to the mandatory liability under the Product Liability Act as well as assuming a guarantee for the condition.
j) Unless otherwise stipulated above, liability is excluded.
k) The limitation period for claims for defects is 12 months, calculated from the delivery of the Thing. This does not apply if the purchased item is usually used for a building and caused the defect, as well as in the event of a delivery recourse according to § 478 BGB.