IV.
Warranty and Liability
- The customer must inform both the shipper and Villiger of
transport damage in writing, immediately upon delivery in case of
externally visible damage and otherwise within 24 hours after receipt of
the goods.
- Villiger must be notified of other defects in
writing, immediately but no later than 8 (eight) days after receipt of
the goods, no later than 8 (eight) days after discovery in the case of
hidden defects, and in all cases within no more than 3 months after
receipt of the goods. As far as possible, samples of defects must be
provided if goods are rejected.
- If the complaint is not entered
in a timely manner in accordance with section IV/1 and / or IV/2, then
all warranty rights including the right to compensation are forfeit,
unless a longer period is specified by law.
- Flaws for which
Villiger is not liable are not considered to be defects, in particular
flaws resulting from force majeure, improper use or storage,
intervention by the customer or a third party, special environmental
conditions or unusual environmental influences.
- In case of
properly raised and legitimate claims, Villiger will, under the
exclusion of all legal warranty claims, either replace the goods or
refund the purchase price as the customer chooses. If the supplementary
performance should fail twice, be unjustly refused, or delayed, then the
customer can claim a reduction in price or - in the event of severe
defects - withdraw from the contract after a suitable grace period has
expired without effect.
- If Villiger is shown to be at fault for
the defect(s), then the customer is entitled to reimbursement of the
price paid for the defective goods.
- Damage claims against
Villiger are only valid if the warranted properties are missing, if
material contractual obligations were breached by Villiger, or if damage
was caused by Villiger or its auxiliary persons in a deliberate or
grossly negligent manner. All other claims for compensation are
excluded.