VI. Warranty
1.
The legal regulations are applicable.
2.
For used goods the warranty period is one year from delivery of possession of goods, at variance with the legal regulations.
The one-year warranty period does not apply to any damage resulting from injuries of life, body or health, for which the Vendor is responsible and which has been caused guiltily or any damage, which has been caused with gross negligence or with intent or through malice of the Vendor, as well as any claims under the right of recourse pursuant to §§ 478, 479 BGB (German Civil Code).3.
If the buyer is an entrepreneur, the following is applicable in deviation of subparagraph 1:
a)
It is understood that for a quality description of the goods only the specifications of the Vendor and the product description of the manufacturer are valid, but not any other promotion, public sales talk or statements made by the manufacturer.
b)
The buyer has the obligation of checking the goods immediately and with all due care for deviations of quality and quantity and to inform the Vendor in writing of any obvious deficiencies within 7 days from receipt of goods. The seasonable dispatch is sufficient for compliance with the deadline. This also applies to any hidden damage, which is discovered at a later date, from the time of discovery.
In the event of a violation of the duty to examine and to give notice of defects no warranty claims may be raised.
c)
In the event of any deficiencies the Vendor may fulfil his warranty obligations through subsequent improvement or replacement at his discretion.
Should the correction of deficiencies fail twice, the buyer may claim a reduction of the purchase price or withdraw from the contract at his discretion.
In the event of subsequent improvement the Vendor is under no obligation to bear the increased costs, which accrue through the transportation of the goods to a place other than the place of performance, if the transportation does not comply with the intended use of the goods.
d)
The warranty period runs for one year commencing with the delivery of the goods. Subparagraph 2, sentence 2 is applicable accordingly.
VII. Right of revocation for consumers
Right of revocation
As a consumer (any natural person who concludes a legal transaction with an objective, which can be attributed neither to his commercial activities nor his work as self-employed person) you may revoke your declaration of contract within 14 days without stating any reasons in writing (e.g. letter, fax, email) or by returning the goods. The period starts on the day on which you have received the notification of your right of revocation in writing, however not before you or the receiver named by you has received the goods (in the event of recurring deliveries of similar goods not before the receipt of the first partial delivery) and not before the Vendor has fulfilled his duties to supply information according to § 312c, subparagraph 2 BGB (German Civil Code) in conjunction with §1, subparagraph 1, 2 and 4 BGB InfoV (German Civil Code, Regulation on Duty to supply Information) as well as his duties according to § 312e, subparagraph 1, sentence 1 BGB in conjunction with § 3 BGB InfoV.
For compliance with the revocation period the seasonable despatch of the revocation or the goods suffices. The revocation must be addressed to
BN-Pipes GmbH, Benediktenweg 11, D-85298 Scheyern, Fax: +49-(0)8441-71492, Email: info@bn-pipes.de
Consequences of the revocation
In the event of an effective revocation services already rendered on both sides must be restored. There is no obligation of compensation for the use of the goods or the value of such use. If you cannot restore the received goods to the Vendor at all or only in parts or in a deteriorated condition, you may have to compensate the Vendor for the value accordingly. In the event of transfer of possession of goods this is not applicable, if the deterioration of the goods is exclusively attributable to a testing of the goods like it would have been possible for you in a shop. Furthermore you can avoid the obligation to compensate the value of the goods for a deterioration due to an intended use of the goods by not using the goods as if they were your property and refrain form anything, which might affect their value. Furthermore there is only an obligation for compensation of the value of the goods for a deterioration which is due to an intended use of the goods, if the Vendor in accordance with § 357, subparagraph 3, sentence 1 BGB has made you aware of this legal consequence and an option to avoid it in writing with conclusion of the contract at the latest.
Goods, which can be sent by parcel, may be returned at the Vendor's risk. You will bear the cost of the return shipment in accordance with § 357, subparagraph 2 BGB, if the delivered goods correspond with the order and the price of the goods to be returned does not exceed an amount of € 40.00 or if, in the event of a higher price of the goods, you have not yet rendered the consideration or a partial payment as stipulated in the contract at the time of the revocation. Otherwise the return shipment is free of charge for you. Goods, which cannot be sent by parcel, will be collected at your premises. Obligations for the refund of payments must be fulfilled within 30 days. The period starts with the despatch of your revocation declaration or the goods, for the Vendor with the receipt of the goods.
Exclusion of the right of revocation
The right of revocation does not apply inter alia to contracts for the delivery of goods, which are manufactured to customer specifications or have clearly been tailored for personal needs or which are unsuitable for a return shipment due to their nature or are easily perishable or would be past their expiration date, for the delivery of audio or video recordings or software, in cases where the delivered data carriers have been unsealed by the user, as well as for the delivery of newspapers, journals and magazines (unless the user has made his contractual statement for the delivery of newspapers, journals and magazines over the telephone).
End of cautioning on revocation
Please note:
If possible, please do not return any goods to us freight collect but as an insured parcel. We will be pleased to reimburse you for the shipping costs in advance if we are liable to bear these costs.
Please avoid damage to or soiling of the goods. If possible, please return the goods in their original packing, including all accessories and all packing material. If you do not possess the original packing any more, please provide a suitable packing to avoid any damage during transport.
The above-mentioned terms do not constitute a prerequisite for the effective exercise of the right of revocation.
VIII. Reservation of ownership
1.
The goods remain the property of the Vendor until the purchase price has been paid in full.
2.
If the buyer is an entrepreneur the following is applicable in addition:
a)
The Vendor reserves the ownership of the goods until all claims arising from the ongoing business relationship have been settled. Before the passing of the title of ownership of the goods, which are subject to reservation, a pawning or a transfer of ownership by way of security is not permitted.
b)
The buyer may resell the goods in the ordinary course of business.
For such an event the buyer will assign all claims in the amount of the invoice, which accrue from the reselling, to the Vendor who accepts such assignment.
The buyer is further entitled to collect the claim. Should he fail to fulfil his payment obligation, the Vendor reserves the right to collect the claim himself.
c)
In the event of connection and intermixture of the goods, which are subject to reservation, the Vendor acquires co-ownership of the new goods in proportion of the invoice value of the goods, which are subject to reservation, to the other items, which have been processed at the time of the processing.
d)
The Vendor commits himself to releasing the securities, to which he is entitled, insofar as the convertible value of the vendor's securities exceeds the claim, which is to be secured, by more than 10%. The choice of the securities, which are to be released, is incumbent on the Vendor
IX. Limitation of liability
The liability of the Vendor for slightly negligent violations of duty is excluded, as long as no essential contract duties (duties, the fulfilment of which is essential for the proper implementation of the contract, the violation of which endangers the achievement of the objective of the contract and on the observance of which you, as a customer, rely regularly), any damage resulting from injuries of life, body or health, guarantees for the quality of the object of purchase or claims based on the Law of Product Liability are affected. This also applies to respective violations of duty by any vicarious agent of the Vendor.
The liability is limited to the damage, which may be expected as typical for the contract.
The limitation of liability does not apply to intent and gross negligence.
X. Place of performance, place of jurisdiction
German law applies exclusively, with the exclusion of UN Convention on Contracts for the International Sale of Goods.
Place of performance for all goods and services from any existing business relationship with the Vendor as well as place of jurisdiction is the place of residence of the Vendor, as long as the buyer is not a consumer but a dealer, an entity of public law or an entity of public law special assets.