We shall be liable, to the exclusion of all further claims, for defects in the deliveries, which shall also include the absence of expressly warranted characteristics, as follows :
1. we shall deliver new or repair those parts which, within 6 months of commissioning, but no longer than 9 months after delivery, become demonstrably unusable or significantly impaired in their functionality as a result of poor design, poor construction materials or defective workmanship. This applies to circumstances which were the cause for this before the transfer of risk. The Supplier must be notified immediately in writing of the discovery of a defect. Replaced parts shall become the property of the supplier. If shipment, installation or commissioning is delayed through no fault of the Supplier, liability shall expire no later than 12 months after the transfer of risk.
2. claims arising from defects shall become statute-barred in all cases 6 months from the time of timely notification of the defect, but no earlier than the expiry of the warranty obligation.
3. we do not assume any warranty for damages resulting from unsuitable or improper use of the delivery item. The same applies to faulty assembly, commissioning or repairs carried out by the customer or third parties. The warranty shall also be excluded in the event of natural wear and tear, faulty or negligent handling, excessive stress, defective construction work or unsuitable foundation soil as well as the use of unsuitable operating materials. The Purchaser shall bear the burden of proof. 4.
(4) Any repairs deemed necessary by the Supplier in its reasonable discretion shall only be carried out if the necessary time and opportunity are given for this purpose, otherwise the Supplier shall be released from its warranty obligation. A remedy of the defect may only be carried out by the Purchaser itself or by a third party if in urgent cases, e.g. in the event of a risk to operational safety, the Supplier's consent has been obtained or if the Purchaser is in default with the remedy of a defect. 5.
(5) The warranty for the replacement part and the repair shall be the same as for the delivery item.
(6) We shall not be liable for parts which, due to their use or material composition, are subject to increased wear, such as ball bearings, seals, pressure gauges, springs, stuffing box packings, diaphragms, etc. The supplier shall be entitled to remove the defective part or repair the defective part in the same way as for the delivery item.
(7) The Supplier may refuse to remedy defects as long as the Purchaser fails to meet its obligations, in particular its payment obligations.
(8) Claims for compensation for damage which has not occurred to the delivery item itself are also excluded.
(9) No liability shall be assumed for personal accidents, disruptions of the operational process or other damages and disadvantages incurred by the Purchaser as a result of the delivery.
A right to compensation of any kind, as well as to cancellation or reduction, in particular due to loss of profit or reimbursement of the costs incurred directly by the orderer through acceptance, processing or use of the defective items, is excluded. A warranty obligation does not extend to materials supplied by the Purchaser or to designs prescribed by the Purchaser. 10.
10. if the purchaser determines the construction or prescribes the material, the warranty claim shall not extend to defects arising therefrom.
(11) The above provisions of clause IX shall apply only to contracts for the supply of newly manufactured goods and services. In the case of contracts for the delivery of used items, this delivery shall be made to the exclusion of any warranty.