Carl Stahl GmbH. Website Terms of Use
Last updated: 2019

1. These General Terms and Conditions of Delivery and Service for the online shop apply to all our services that we offer through the online shop at www.carlstahl.com/ie/en/ (hereinafter ‘online shop’). These General Terms and Conditions of Delivery and Service thus apply to the delivery of goods, training and services.
2. These General Terms and Conditions of Delivery and Service for the online shop apply exclusively to all orders placed by the customer via the online shop in our relationship with the customer. They also apply to all future business and to all business contacts with the customer, such as the commencement of contract negotiations or the initiation of an agreement, even if they are not expressly agreed again or if no further express reference is made to them. The application of the customer's general terms and conditions of purchase or order placement is expressly rejected.
3. If in individual cases obligations are also established with regard to persons or companies that are not themselves intended to be a party to the contract, the liability restrictions in these General Terms and Conditions of Delivery and Service shall also apply with regard to these persons or companies, provided that these General Terms and Conditions of Delivery and Service were included with regard to the third parties when the obligation was established. This is particularly the case if the third parties have become aware of these General Terms and Conditions of Delivery and Service when the contractual obligation was established.
4. The acceptance by the customer of our services and deliveries that he has ordered in the online shop is deemed to be an acknowledgement of the validity of these General Terms and Conditions of Delivery and Service for the online shop.

1. The presentation of products and services in the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue. By clicking the ‘order with obligation to pay’ button, you place a binding order for the goods contained in the shopping basket. Confirmation of receipt of your order will be sent immediately by e-mail. This e-mail confirmation does not constitute our acceptance of your order; an acceptance or rejection will be sent in a separate e-mail within 1-3 working days or with the delivery of the ordered goods.
2. We are only bound to an agreement if it has been confirmed by us via e-mail with an order confirmation or if we begin with the execution of the order.
3. The contractual partner of the customer will be Carl Stahl GmbH.

1. The wording of the contract is not stored by us in an accessible way. The wording of the contract is sent to the customer by e-mail as part of the confirmation of receipt.
2. The customer can recognise and correct input errors before the final submission of the order by checking the order details on a separate confirmation page.
3. The language available for concluding the contract is English.
4. There are no relevant codes of conduct.
5. The essential characteristics and the total price of the goods can be found in the detailed descriptions of the individual goods in the online shop and in these terms and conditions.

1. We only deliver within Ireland (not Northern Ireland). This means that orders in our online shop can only be made to delivery addresses in the Republic of Ireland.
2. Our written offer or our order confirmation is decisive for the scope of our delivery or service. Ancillary agreements and amendments require our written confirmation. If our offer or our order confirmation is based on information provided by the customer (data, figures, illustrations, drawings, system requirements, etc.), our offer is only binding if this information was accurate. If it turns out after the agreement has been concluded that the agreement cannot be fulfilled in accordance with the customer's information, we are entitled to withdraw from the agreement if and to the extent that the customer is not willing to accept the alternative solution proposed by us and, if applicable, to bear the additional costs actually incurred.
3. We are entitled to make partial deliveries and provide partial services to a reasonable extent for all deliveries and services. We are entitled to use subcontractors to fulfil our contractual obligations.
4. As soon as we become aware of a risk of the customer's inability to pay, we are entitled to provide goods and services only against advance payment or the provision of security. Our right to withdraw from individual agreements already concluded remains unaffected if and to the extent that the customer fails to make an advance payment or provide a security within a reasonable grace period.
5. Delivery and performance deadlines and dates are always best estimates but are generally non-binding. The commencement of the delivery period and compliance with delivery dates requires that the customer duly fulfils his obligations to cooperate in a timely manner.
6. In the event of force majeure or other extraordinary circumstances beyond our control, we shall not be in default. In this case, we shall also be entitled to withdraw from the agreement if we are already in default. In particular, we shall not be in default in the event of delivery delays if these are caused by incorrect or untimely delivery by our suppliers for which we are not responsible. In the event of hindrances of a temporary nature, the delivery or performance periods shall be extended or the delivery or performance dates shall be postponed by the period of the hindrance plus a reasonable start-up period.
7. If we are contractually obliged to provide advance performance, we may refuse to provide the performance owed by us if, after the conclusion of the agreement, it becomes apparent that our claim to consideration is jeopardised by the customer's lack of ability to pay. This is particularly the case if the consideration to which we are entitled is at risk due to the customer's poor financial circumstances or if other obstacles to performance threaten, such as export or import bans, war, insolvency of suppliers or illness-related absences of essential employees.

1. Our prices are net prices. Unless otherwise agreed, we calculate the freight costs for orders placed in the online shop based on the delivery address specified by the customer and indicate them in our order confirmation. Intra-Community deliveries are VAT-exempt, provided that a valid VAT identification number is available at the time of delivery. We reserve the right to verify the validity of the provided VAT number.
2. If a performance period of more than four months is agreed between the time of confirmation of the order and the performance of the service, we shall be entitled to pass on to the customer, to a corresponding extent, any increases in costs incurred by us due to price increases. The same shall apply if a performance period of less than four months was agreed, but the service can only be provided by us later than four months after confirmation of the order for reasons for which the customer is responsible.
3. In the case of work or services to be provided by us, remuneration shall be based on the actual time spent, unless a flat-rate remuneration has been agreed. Please refer to our offer or our order confirmation for the units of time recording and the current hourly rates.
4. Unless otherwise agreed, expenses and travel costs will be invoiced separately. The customer shall reimburse travel and accommodation costs upon presentation of copies of the receipts and deduction of the input tax amounts contained therein, unless otherwise agreed in writing between the parties prior to the trip. Please refer to our offer or our order confirmation for the current travel and expense rates.

1. Unless otherwise agreed in the agreement, our claim shall be due immediately upon receipt of the delivery or after our services have been provided in full, without any deductions. If we provide our deliveries or services in distinct partial sections, we are entitled to demand payment of a corresponding part of the remuneration for each partial section.
2. Without express agreement, the customer is not entitled to make deductions.
3. If the customer is based outside Ireland and no delivery against advance payment is provided for under the contractual agreement with the customer, we are entitled, even without a special agreement, to to make our performance dependent on the provision of a documentary credit by a bank or savings bank authorised in the European Union in accordance with the currently applicable Uniform Directives and Practices for Documentary Credits (ERA 500)/Uniform Customs and Practice for Documentary Credits (UCP 500) of the International Chamber of Commerce (ICC) in the amount of the gross performance price. If we do not request the opening of a documentary letter of credit and if nothing to the contrary has been agreed in the agreement, our claim shall become due upon receipt of the delivery or upon complete performance of our service. If we provide our deliveries or services in distinct stages, we shall in any case be entitled to declare a corresponding part of the remuneration due for each stage and, if necessary, to demand the provision of a documentary letter of credit for each stage.
4. If the customer is in default of payment, they shall reimburse us for the resulting default damages, in particular interest in the 9 percentage points above the base interest rate. If the customer is more than 14 days in default of payment of a due amount or partial amount, if the customer breaches the obligations arising from a reservation of title, or if the consideration to which we are entitled is jeopardised due to the customer's poor financial circumstances, the entire remainder of all outstanding claims shall become due for payment immediately.
5. Payment by bill of exchange or acceptance is only permitted if expressly agreed and even then only on account of payment. If additional costs arise as a result, these shall be borne by the customer.
6. If we have agreed to payment by instalments, the following shall apply: if the customer is more than two weeks in default with an instalment, in whole or in part, the entire outstanding balance shall become due for immediate payment.
7. Only undisputed or legally established claims may be offset against our claims for remuneration. The same applies to the exercise of a right of retention. The customer is only authorised to exercise a right of retention if it is based on the same contractual relationship.
8. The assignment of claims against us by the customer requires our prior consent, which we will only refuse for good cause.

1. Until full payment of all our current and future claims arising from the concluded agreement and an ongoing business relationship (secured claims), we reserve ownership of the delivered goods.
2. The goods subject to retention of title may not be pledged to third parties or assigned as security before full payment of the secured claims. The customer must notify us immediately in writing or text form if and to the extent that third parties gain access to the goods belonging to us.
3. If the customer acts in breach of contract, in particular if the customer fails to pay the due purchase price, we are entitled to withdraw from the agreement in accordance with the statutory provisions and/or to demand the return of the goods on the basis of the reservation of title. The demand for surrender does not automatically imply a declaration of withdrawal; rather, we are entitled to demand only the surrender of the goods and to reserve the right of withdrawal. If the customer does not pay the purchase price due, we may only assert these rights if we have previously set the customer a reasonable deadline for payment without success or if setting such a deadline is dispensable according to the statutory provisions.
4. The customer is authorised to resell and/or process the goods subject to retention of title in the ordinary course of business. In this case, the following provisions shall apply in addition.
   1. The retention of title extends to the full value of the products resulting from the processing, mixing or combining of our goods, whereby we are considered the manufacturer. If, in the event of processing, mixing or combining with goods of third parties, the ownership rights of the latter remain in force, we shall acquire co-ownership in proportion to the invoice values of the processed, mixed or combined goods. In all other respects, the same shall apply to the resulting product as to the goods delivered under retention of title.
   2. The customer hereby assigns to us, as security, all claims against third parties arising from the resale of the goods or products, in total or in the amount of our possible co-ownership share in accordance with the preceding paragraph. We accept the assignment. The customer's obligations set forth in the above clause A. § 6 no. 2 shall also apply in consideration of the assigned claims.
   3. We and the customer are authorised to collect the claims. We agree not to collect the claims as long as the customer meets its payment obligations to us, is not in default of payment, has not filed for bankruptcy and there is no other deficiency in its ability to perform. If any of the above should apply, however, we shall be entitled to demand that the customer notifies us of the assigned claims and the identity of the debtors, provides all the information necessary for collection, hands over the associated documents and notifies the debtors (third parties) of the assignment.
   4. If the realisable value of the securities exceeds our claims by more than 10%, we will release securities of our choice at the customer's request.
5. The customer must treat the reserved goods with care. At our request, the customer must insure the reserved goods at their own expense against fire, water and theft at replacement value. If maintenance and inspection work is required, the customer must carry this out in good time at their own expense.
6. If the validity of this reservation of title depends on its registration, e.g. in public registers in the customer's country, we are entitled and authorised by the customer to effect this registration at the customer's expense. The customer is obliged to provide all the necessary assistance for this registration free of charge.

1. The customer must support us and our employees to a reasonable, customary extent. If we have to provide project-related work or services through our employees at the customer's company, support may also include, at our request, the provision of work rooms and workstations with PCs and telephones, the costs of which shall be borne by the customer.
2. The customer shall provide us with the materials, information and data that we require to provide our services. Data and data carriers must be technically flawless. If special statutory or operational safety provisions apply at the customer's company, the customer must notify us of this before we provide our service.
3. Instructions from the customer to our employees regarding the specific form of service provision are excluded, unless instructions are necessary in connection with safety requirements and company regulations at the customer's company. Instructions on individual matters regarding the work or services to be provided by us shall be given not to the employees entrusted with the task by us, but to the contact persons named by us for the project. We shall always decide independently on the necessary measures within the scope of our performance obligations.

1. We and the customer (‘the parties’) agree to keep secret all information that becomes accessible to them in connection with the agreement, are designated as confidential or are recognisable as business or trade secrets due to other circumstances, and not to record or forward them to third parties or exploit them in any way, unless expressly approved in advance in writing or required to achieve the purpose of the contract. In this context, all information within the meaning of Section 2 No. 1 of the German Trade Secrets Act (GeschGehG) shall also be deemed to be business secrets. This confidentiality obligation shall remain in force for a further five years after complete fulfilment or termination of the agreement.
2. Excluded from this is information
   • that was already known to one of the parties before the start of the contract negotiations or that was provided by third parties as non-confidential, provided that the third parties do not violate confidentiality obligations,
   • which the parties have each developed independently of each other,
   • which are or become publicly known through no fault of or action by the parties, or
   • which are to be disclosed due to legal obligations or official or court orders.
   In the latter case, the disclosing party must inform the other party immediately prior to disclosure. Further statutory confidentiality obligations shall remain unaffected.
3. The parties further undertake to protect information of the other party in accordance with the above Nos. 1 and 2, in particular trade secrets within the meaning of Section 2 No. 1 of the German Trade Secrets Act (GeschGehG), from being obtained by third parties, using confidentiality measures that are appropriate in the circumstances. The confidentiality measures must at least correspond to the customary care and the level of protection that the respective party applies to its own trade secrets in the same category. § 10 Miscellaneous: Place of performance, place of jurisdiction, applicable law, data processing, severability clause
   1. The place of performance and exclusive place of jurisdiction for all disputes arising between the parties from the contractual relationship is Süßen, insofar as the customer is a merchant, a legal entity under public law or a special fund under public law, or the customer has no general place of jurisdiction in the Federal Republic of Germany or has moved its place of jurisdiction abroad. As an exception to this, we are also entitled to take legal action against the customer at his general place of jurisdiction.
      A merchant is any entrepreneur who is entered in the commercial register or who runs a commercial enterprise and requires a commercially organised business operation. The customer has his general place of jurisdiction abroad if he has his place of business abroad.
   2. Should any provision of these General Terms and Conditions of Delivery and Payment or any provision within the framework of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.
   3. German law shall apply to the contractual and other legal relationships with our customers, excluding the UN Convention on Contracts for the International Sale of Goods.

1. The place of performance and exclusive place of jurisdiction for all disputes arising between the parties from the contractual relationship is Süßen, insofar as the customer is a merchant, a legal entity under public law or a special fund under public law, or the customer has no general place of jurisdiction in the Federal Republic of Germany or has moved its place of jurisdiction abroad. As an exception to this, we are also entitled to take legal action against the customer at his general place of jurisdiction.
   A merchant is any entrepreneur who is entered in the commercial register or who runs a commercial enterprise and requires a commercially organised business operation. The customer has his general place of jurisdiction abroad if he has his place of business abroad.
2. Should any provision of these General Terms and Conditions of Delivery and Payment or any provision within the framework of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.
3. German law shall apply to the contractual and other legal relationships with our customers, excluding the UN Convention on Contracts for the International Sale of Goods.

The following special terms and conditions for the delivery of goods shall apply in addition to the General Terms and Conditions under A. for all agreements with the customer for the delivery of goods.

1. Transport insurance for goods to be shipped will only be taken out at the express request of the customer. The transport insurance will then be taken out in the name and for the account of the customer.
2. The transfer of ownership and surrender of the purchased item is owed. The installation, fitting or configuration of the purchased item is not owed unless this has been expressly agreed.

The risk of loss or deterioration of the goods shall pass to the customer upon delivery of the goods for freight, even if partial deliveries are made. If the shipment is delayed for reasons within the customer's control, the risk shall pass to the customer upon notification of readiness for shipment.

1. The limitation period for claims for defects in our deliveries and services is one year from the statutory commencement of the limitation period. After the expiry of this year, we may in particular also refuse subsequent performance without the customer being able to assert claims against us for a reduction, withdrawal or compensation. This reduction of the limitation period shall not apply to claims for damages other than those due to refused subsequent performance and shall generally not apply to claims for fraudulent concealment of the defect.
2. The customer's claims for subsequent performance due to defects in the service or delivery to be provided by us shall exist in accordance with the following provisions:
   1. If the delivered item is defective, we may initially choose whether to provide subsequent performance by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery). The right to refuse the chosen type of subsequent performance under the statutory conditions remains unaffected.
   2. We are entitled to make the subsequent performance owed dependent on the customer paying the purchase price due. However, the customer is entitled to withhold a reasonable portion of the purchase price in relation to the defect.
   3. The customer must give us the time and opportunity necessary for the subsequent performance owed, in particular to hand over the goods complained about for inspection purposes. In the event of a replacement delivery, the customer shall return the defective item to us in accordance with the statutory provisions.
   4. We shall bear the costs of inspection and subsequent performance, in particular transport, travel, labour and material costs, if a defect is actually present.
      1. If the customer has built the defective item into another item or attached it to another item in accordance with its nature and intended use, we shall be obliged, within the scope of subsequent performance, to reimburse the customer for the necessary expenses incurred in removing the defective item and in installing or attaching the repaired item or the defect-free item supplied. 442, para. 1 of the German Civil Code (BGB) shall apply, with the proviso that the customer's knowledge shall be replaced by the installation or attachment of the defective item by the customer instead of the conclusion of the contract.
      2. The customer shall bear the costs of subsequent performance incurred as a result of the purchased item having been taken to a location other than the customer's place of residence or business after delivery.
      3. If a customer's request for the rectification of a defect proves to be unjustified, we may demand that the customer reimburse us for the costs incurred as a result.
3. The customer can only claim compensation:
   1. For damages that are based on
      • an intentional or grossly negligent breach of duty on our part or
      • an intentional or grossly negligent breach of duty by one of our legal representatives, executives or vicarious agents
      which are not material contractual obligations (cardinal obligations) and are not primary or secondary obligations in connection with defects in our deliveries or services.
   2. For damages resulting from the intentional or negligent breach of material contractual obligations (cardinal obligations) on our part, on the part of one of our legal representatives, executives or vicarious agents. Essential contractual obligations (cardinal obligations) within the meaning of subsections 3.1 and 3.2 above are obligations whose fulfilment is essential to the proper execution of the agreement and on whose compliance the customer regularly relies.
   3. Furthermore, we shall be liable for damages due to the negligent or intentional breach of duties in connection with defects in our delivery or service (subsequent performance or secondary obligations) and
   4. for damages that fall within the scope of protection of a guarantee (assurance) expressly granted by us or a guarantee of quality or durability.
4. In the event of a simple negligent breach of a material contractual obligation, the amount of liability shall be limited to the typically expected damage foreseeable for us at the time of the conclusion of the contract with the application of due care.
5. Claims for damages by the customer in the event of a simple negligent breach of a material contractual obligation shall become time-barred one year after the statutory commencement of the limitation period. This does not apply to damages resulting from injury to life, limb or health.
6. Claims for damages against us arising from legally mandatory liability, for example under the Product Liability Act, as well as from injury to life, limb or health, remain unaffected by the above provisions and exist to the extent permitted by law within the statutory periods.
7. The customer's rights under sections 445a, 445b and 478 BGB in the event that claims are asserted against the customer or its further customers in a supply chain shall remain unaffected in accordance with the following provisions:
   1. The customer bears the burden of proof that the expenses for the supplementary performance were necessary and that he could not have refused the supplementary performance to his buyer in accordance with § 439 (4) BGB or could have provided the supplementary performance in a cheaper way.
   2. The claim under Section 445a (1) BGB is subject to a limitation period of two years from delivery by us to the customer in accordance with Section 445b (1) BGB. This period also applies if a longer period would apply under Section 438 BGB.
   3. The limitation of the customer's claims against us as a result of a defect in a newly manufactured item sold, as specified in §§ 437 and 445a para. 1 BGB, shall occur no earlier than two months after the date on which the customer has fulfilled the claims of its buyer, provided that the claims were not yet time-barred in the relationship between the customer and its buyer. This suspension of the statute of limitations shall end no later than five years after the date on which we delivered the goods to the customer.
8. The customer's claims for defects, in particular claims for subsequent performance, recourse, withdrawal from the agreement, reduction of the purchase price and damages, shall be subject to the customer having fulfilled its statutory obligations to examine and give notice of defects (Sections 377, 381 of the German Commercial Code (HGB)). If a defect is discovered during the inspection or at a later date, we must be notified of this immediately in writing or text form. The notification shall be deemed to be without delay if it is made within fourteen days of the discovery of the defect, whereby the timely dispatch of the notification is sufficient to meet the deadline. Regardless of this obligation to examine and give notice of defects, the customer must report obvious defects (including wrong and short delivery) within fourteen days of delivery in text or written form as an email, whereby here too, the timely dispatch of the notification is sufficient to meet the deadline. If the customer fails to properly inspect the goods and/or report defects, we shall not be liable for the unreported defect. This does not apply if we have fraudulently concealed the defect.

If we manufacture non-fungible goods on the customer's agreement, in particular, custom-made products or prototypes, these goods may only be used for internal research purposes without our express consent, but not commercially. If the customer should use the goods in this way without our express consent and this should result in a breach of domestic or foreign safety regulations or product liability rules, the customer shall indemnify us against the corresponding claims of third parties. In cases of fault-based liability, however, this shall only apply if the customer is at fault. If the cause of the damage lies within the customer's area of responsibility, the customer shall bear the burden of proof in this respect.

1. The following right of return applies only to goods with an individual purchase price of less than €2,000 net (purchase price plus VAT): The customer has the right to return the delivered goods within 30 days of receipt and to withdraw from the purchase contract. To exercise the right of cancellation, the customer must inform us by means of an unequivocal declaration (e.g. a letter sent by post, fax or e-mail) of his decision to make use of the right of cancellation and to withdraw from the purchase contract. The customer must return or hand over the goods, including all accessories and including the original documents (i.e. operating instructions, declaration of conformity and declaration of incorporation) for the goods, to us immediately and in any case no later than 30 days from the day on which he received the goods. The 30-day deadline for the right of return is met if the customer sends us the declaration of the exercise of the right of return and the goods to be returned before the expiry of the 30-day deadline. The customer bears the direct costs of returning the goods. We may withhold reimbursement until we have received the goods back. The customer shall be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
2. We request that you return the original packaging (if available) and also use the original packaging for the return shipment, provided that this reuse ensures proper return transport.

The following special terms and conditions for work performance apply in addition to the General Terms and Conditions under A. for all agreements with the customer concerning the provision of work performance.

The subject matter of the contract is the provision of work performance.

1. Both we and the customer are obliged – in separately agreed cases – to appoint a project manager before the start of the work. The project managers will agree on the measures required to complete the work. We are responsible for completing the work. The respective project managers are to be named to the respective contractual partner in text or written form within a reasonable period of time after the contract is concluded.
2. The project managers will meet regularly at intervals agreed for each individual project to prepare, make and record pending decisions.

1. The project managers can agree changes by mutual consent. The agreements should be recorded and signed by both project managers. If no agreements are made regarding remuneration or other contractual provisions, in particular time schedules with regard to the agreed changes, the changes must be implemented within the framework of the contractual provisions agreed up to that point.
2. If the parties cannot reach an agreement on the changes requested by one of the contractual parties, the following shall apply:

The customer is entitled to request changes from us up until acceptance. Requests for changes must be made to us in text or written form. We will review the request for changes. We will accept changes requested by the customer provided that they are not unreasonable for us in terms of operational efficiency. We will notify the customer in text or written form within 14 days of receipt of the request for changes whether

• the change request is accepted and will be carried out in accordance with the previous provisions of the agreement.
• the change request influences contractual provisions, e.g. price, execution deadlines, etc.: in this case, we will notify the customer of the conditions under which the change can be carried out. The change shall only be carried out if the customer accepts the change at the conditions notified by us within 14 days of receipt of the notification.
• the inspection of the change request for feasibility is extensive: in this case, we can make the inspection of the change dependent on the customer remunerating the inspection costs. In such a case, we are obliged to notify the customer in text or written form of the time required and the costs for the inspection. The inspection order shall only be deemed to have been issued when the customer instructs us in text or written form to carry out the inspection.
• the change request is rejected.

If we do not respond to the request for change within 14 days of receipt, the request for change shall be deemed rejected.

3. We shall observe the generally recognised testing methods and the applicable statutory provisions when performing the service.

If, after the agreement has been concluded, statutory or other provisions change, new provisions are introduced or new or modified requirements arise for us, for example from manufacturer documentation, factory standards or risk assessments that are submitted, modified or created at a later date, and these affect the contractual performance, and if the customer has informed us of this in good time, we will take these requirements into account as far as possible. Remuneration agreed in service contracts or agreements for services will be adjusted at our reasonable discretion (Section 315 BGB). In doing so, we will take into account in particular the expenses for changes in requirements for testing, personnel and/or tools used or new tools.

The work shall be handed over after completion. If handover is excluded due to the nature of the work, notification of completion shall be given. After completion and handover or – if handover is excluded due to the nature of the work – after notification of completion, the work shall be accepted. The customer shall accept the completed work within the agreed period, otherwise within a reasonable period, but no later than within a period of two weeks after handover or – if handover is excluded due to the nature of the work – after completion. The period shall commence upon our notifying the customer that the work has been completed. The work shall be deemed accepted upon expiry of the agreed period for acceptance if the customer neither declares acceptance in text or written form nor informs us in text or written form which defects still need to be remedied. We shall draw the customer's attention to this legal consequence when notifying him that the work has been completed.

1. The limitation period for claims for defects in our deliveries and services is one year from the statutory commencement of the limitation period. After the expiry of this year, we may in particular also refuse to provide subsequent performance without the customer being able to assert claims against us for a reduction in price, withdrawal or compensation. This reduction in the limitation period does not apply to claims for damages other than those due to refused subsequent performance and generally does not apply to claims for fraudulent concealment of the defect.

2. Claims of the customer for subsequent performance due to defects in the service or delivery to be provided by us shall otherwise exist to the extent permitted by law, subject to the following conditions:

2.1. The customer shall give us the time and opportunity necessary for the subsequent performance owed, in particular to hand over the work complained about for inspection purposes.

2.2. If the delivered work is defective, we may initially choose whether we provide subsequent performance by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery). The right to refuse the chosen type of subsequent performance under the statutory conditions remains unaffected.

2.3. We are entitled to make the subsequent performance owed dependent on the customer paying the due remuneration. However, the customer is entitled to withhold a reasonable amount in relation to the defect.

2.4. We shall bear the costs of inspection and supplementary performance, in particular transport, travel, labour and material costs, if a defect is actually present.

2.4.1. The customer shall bear the costs of subsequent performance incurred as a result of the purchased item having been taken to a place other than the customer's place of residence or business after delivery.

2.4.2. If a customer's request for the rectification of a defect turns out to be unjustified, we can demand that the customer reimburse us for the costs incurred as a result.

3. The customer can only claim damages:

3.1. For damages that

an intentional or grossly negligent breach of duty on our part or

an intentional or grossly negligent breach of duty by one of our legal representatives, executives or vicarious agents

that are not material contractual obligations (cardinal obligations) and are not primary or secondary obligations in connection with defects in our deliveries or services.

3.2. For damages resulting from the intentional or negligent breach of material contractual obligations (cardinal obligations) on our part, on the part of one of our legal representatives, executives or vicarious agents. Essential contractual obligations (cardinal obligations) within the meaning of subsections 3.1 and 3.2 above are obligations whose fulfilment is essential to the proper execution of the agreement and on whose compliance the customer regularly relies.

3.3. We shall also be liable for losses arising from the negligent or intentional breach of obligations in connection with defects in our delivery or service (obligations of subsequent performance or secondary obligations) and

3.4. for damages that fall within the scope of protection of a guarantee (assurance) that we have expressly granted or a quality or durability guarantee.

4. In the event of a simple negligent breach of a material contractual obligation, the amount of liability shall be limited to the typically expected damage foreseeable for us at the time of the conclusion of the contract with the application of due care.

5. The customer's claims for damages in the event of a simple negligent breach of a material contractual obligation shall become time-barred one year after the statutory commencement of the limitation period. This shall not apply to damages resulting from injury to life, limb or health.

6. Claims for damages against us arising from legally mandatory liability, for example under the Product Liability Act, as well as from injury to life, limb or health, remain unaffected by the above provisions and exist to the extent permitted by law within the statutory periods.