8. Warranty for material defects
- The Supplier warrants the error-free function of the items delivered during the warranty period.
- The warranty for material defects shall end one year after handover of the item. In the case of second-hand machines (used machines) and devices, the warranty for material defects shall also end after one year.
- If the Supplier is Rapid Technic AG and the Contract Partner is a “Rapid Dealer” recognised by Rapid Technic AG, the warranty shall be extended by the period between handover of the item to the Rapid Dealer and its onward sale to an end customer, at the most however by six months. Number 8.2 shall apply unaltered to second-hand machines (used machines) and devices.
- Warranty shall be provided for replacement parts, installed within the context of repairs, up until expiry of the warranty as per Number 8.2 or 8.3, at least however for six months.
- The warranty shall expire or is excluded:
a) for wearing parts (e.g. tyres, clutches, brake linings etc.), operating materials (e.g. anti-frost protection, lubricants and cooling agents, hydraulic oil etc.) and lightbulbs as well as glass breakage
b) for rust and paintwork damage caused by external influences or insufficient care
c) if the Supplier’s or manufacturer’s regulations on intended use, operation and maintenance of the item are not complied with, and the prescribed compulsory checks and inspections are not carried out by an authorised specialist workshop
d) if changes are made to the item sold without the prior consent of the Supplier, as well as for all thirdparty superstructures or fittings outside the scope of equipment of the supply plant
e) for defects not reported to the Supplier within the prescribed period (see Number 7.4)
f) for damage resulting from incorrect storage or careless transport of the item or of parts thereof
g) for damage not incurred to the item delivered itself (in particular loss of production, loss of use, loss of orders, loss of profits as well as other direct and indirect damage). Compulsory liability based on claims under the product liability act (PrHG) is reserved.
- The Contract Partner’s right to choose cancellation of contract, reduction in the selling price or replacement delivery is hereby excluded and replaced by a right of repair for the Supplier. The Supplier shall decide on the nature and form of any repair (repair or replacement). Replaced parts are the property of the Supplier.
- The item must be handed over at the Supplier's workshop in a cleaned condition for the performance of the warranty work.
- Contributions towards transport costs as well as recovery or transfer costs for the item, travel and accommodation expenses of service fitters of the Supplier or manufacturer as well as costs of hired machines shall not be reimbursed.