General terms and conditions of sale, ECO Schulte GmbH & Co. KG 12. The vendor is only entitled to make partial deliveries if - the partial delivery is useful for the customer within the scope of the contractually intended use, - the delivery of the rest of the goods ordered is guaranteed, and - the partial delivery does not result in significant additional effort or costs for the customer (unless the vendor con- sents to covering these costs). Partial deliveries are considered separate transactions. Con- sequently, they should be invoiced as such and paid sepa- rately. 13. Deliveries containing 10% more or less than the quantity ordered as a result of production factors or for other reasons standard for the industry are permitted, unless the deviation from the contractually agreed-upon quantity is unreason- able for the customer in the individual case. § 6 Transfer of risk 1. The risk of accidental destruction and/or loss, as well as the risk of delay, is transferred to the customer as soon as the shipment is handed over to the person transporting it or as soon as it leaves the vendor’s warehouse for the purpose of being dispatched. The same holds true when the ship- ping process is carried out in whole or in part by people employed by the vendor. 2. Furthermore, the risk is transferred to the customer as soon as the customer is in default of acceptance after receiving notification from the vendor that the order is ready for ship- ment. If, in an individual case, goods are returned for reasons for which the vendor is not responsible and based on a sepa- rate written agreement, the customer bears all risk until the goods are received by the vendor. 3. § 7 Warranty 1. No claims for defects may be made for negligible deviations from the agreed-upon condition or for negligible impairment to usability. 2. Furthermore, no claims for defects may be made for natural wear and tear or for damage that occurs after the transfer of risk as a result of incorrect or negligent handling, excessive stress, inappropriate operating supplies, faulty installation, operating instructions being disregarded, inadequate main- tenance or special external influences (including chemical and electrolytic influences) that are not covered by the con- tract. If the customer or a third party makes improper alterations or conducts improper maintenance, no claims for defects may be made for them or for the resulting consequences. 3. 4. The customer is obligated to notify the vendor of any obvi- ous defects immediately – within one week of receiving the goods at the latest – and in writing. Defects that cannot be identified within this period, even upon careful inspection, must be reported to the vendor in writing as soon as they are discovered. 5. Warranty claims are excluded if the vendor is not granted the opportunity to inspect the goods in question within ten days of receiving notice of the defect. If the notice of defect is justified, the vendor is entitled to choose between rectification (repair) or a subsequent deliv- ery. 6. 7. The customer is obligated to the provide the vendor the time and opportunity required for the subsequent delivery, and particularly to hand over the goods in question for inspec- tion. If the vendor provides an item free from defects in the subsequent delivery, the customer is obligated to surrender the defective item. This also applies to defective compo- nents if they are replaced with components free from de- fects as part of the rectification process. Rectification does not include the disassembly or removal of the faulty item, nor does it include reinstallation if the vendor was not origi- nally obligated to install it. 9. 8. The vendor is entitled to insist on payment of the purchase price due from the customer as a condition of rectification. However, the customer is entitled to withhold a reasonable portion of the purchase price proportional to the defect. If no actual defect exists, and the customer could have or did recognise this lack of a defect, the customer will bear the costs incurred by the vendor for the purposes of in- specting and rectifying the supposed defect, in particular the costs for transport, travel, labour and materials (not in- cluding removal and installation costs). 10. If no actual defect exists, but the customer could not have and did not recognise this lack of a defect, the parties will each bear half of the costs incurred by the vendor for the purposes of inspecting and rectifying the supposed defect, in particular the costs for transport, travel, labour and mate- rials (not including removal and installation costs). 11. If the vendor is incapable of rectification or providing a subsequent delivery, or if the vendor is entitled to refuse rectification or subsequent delivery pursuant to § 439 (3) of the German Civil Code (BGB), or if the rectification or subsequent delivery is delayed beyond a reasonable period of time and the vendor is responsible for the delay, or if the subsequent delivery or rectification fails twice, the custom- er can choose to either reduce the payment or withdraw from the contract. 12. The customer’s legal right of recourse only exists insofar as the legal prerequisites (including for a consumer goods pur- chase) are fulfilled. Consequently, there is, in particular, no right of recourse if the customer has made separate agree- ments with the customer’s buyer going beyond the statu- tory claims for defects in the context of a warranty or as an accommodation. 13. If the legal provisions regarding the purchase of consumer goods (§§ 474 ff. BGB), particularly regarding recourse li- ability (§§ 478 ff. BGB), are not applicable because the legal prerequisites have not been met, a one-year warranty pe- riod applies. § 438 (1) No. 2 and (3) remain unaffected. 14. The aforementioned periods of limitation in the law on the sale of goods also apply to contractual and non-contractual claims for damages by the customer that are based on a fault in the product, except where the application of the reg- ular statutory period of limitation (§§ 195, 199 BGB) would lead to a shorter period of limitation in an individual case. 15. This does not apply to claims for damages by the buyer re- sulting from injury to life, body or health, or resulting from deliberate or grossly negligent dereliction of duty on the part of the vendor or the vendor’s agents, which fall under the legally mandated statute of limitations. 16. The legal consequences of violating the commercial duty to examine goods and immediately give notice of defects remain unaffected. This also applies to the provisions of § 478 (IV) BGB. 17. Furthermore, § 11 also applies to claims for damages. Fur- ther claims by the customer against the vendor and the ven- dor’s agents other than those covered in this paragraph and in § 11 regarding a material defect are excluded. 7 765