Liability for defects

§ 8 Defects of Quality

1. For Entrepreneurs, the following applies: If the purchaser is a businessman (i. e. "Kaufmann" within the meaning of Section 1 (1) German Commercial Code "HGB"), he/she shall notify Franzen in writing of apparent defects in quality without delay, but at the latest within eight days after delivery; otherwise the goods shall be deemed approved. Franzen shall be notified in writing about hidden defects in quality without delay, but at the latest within eight days after their discovery; otherwise the goods shall be deemed approved.
2. If the purchaser is a Consumer, the statutory warranty rights apply to any and all goods of the Franzen online shop under exclusion of claims for damages and claims for reimbursement of expenses. Section 9 lays down the rules for any and all claims for damages and claims for reimbursement of expenses of the purchaser. Section 8 No. 6 governs the statute of limitations in detail.
3. For Entrepreneurs, the following applies: If the delivered item shows a defect of quality at the time of passing of risk, Franzen will cure the defect by removing the defect (remedy) or delivery of an item free of defects (subsequent delivery). If the purchaser is an Entrepreneur, Franzen shall choose the modality of supplementary performance (remedy or subsequent delivery). In case the supplementary performance fails, the purchaser shall be entitled to choose, at his/her discretion, either to revoke the contract or to reduce the purchase price. Section 9 shall apply in case of claims for damages or compensation of expenses.
4. Place of performance for any supplementary performance shall be the registered office of Franzen.
5. In the event that, during the inspection of the goods, the purchaser's request for supplementary performance proves to be unfounded, Franzen shall be entitled, without prejudice to any other rights, to invoice any eventual costs for the shipment to Franzen and the return shipment to the purchaser as well as the costs for the inspection of the goods, if the purchaser realized or negligently failed to realize that the request for supplementary performance was unfounded.
6. Any claims of the purchaser based on defects in quality shall become time-barred one year after delivery. This shall not apply
   1. in case of Section 438 (1) No. 1 BGB (real rights of a third party on the basis of which return of the thing may be demanded)
   2. in case of claims for damages based on intent or gross negligence, injury to life, limb or health, or any liability under the Product Liability Act;
   3. if the purchaser is a Consumer: to claims for supplementary performance, claims in case of a rescission of the contract or in case of a reduction in price;
   4. if the purchaser is an Entrepreneur: in case of Sections 478, 479 BGB (Recourse of the Entrepreneur). In the aforementioned cases, the claims of the purchaser based on defects in quality shall become time-barred within the statutory period of limitation.

§ 9 Damages and Reimbursement of Expenses

1. Franzen shall not be liable for damages or the reimbursement of expenses, in particular based on defects in quality, other breaches of duty or tort, irrespective of the legal grounds. This shall not apply
   1. in the event of culpable injury to life, limb or health;
   2. in the event of intent or gross negligence;
   3. in the event of a liability under the German Product Liability Act;
   4. in the event of culpable infringement of essential contractual obligations. Essential contractual obligations are, in particular, such obligations which must be fulfilled in order to duly execute the contract and, accordingly, the purchaser generally relies and may rely on the compliance with these obligations. In case Franzen is not liable for intent, gross negligence, injury to life, limb or health or under the Product Liability Act, Franzen's liability based on an infringement of essential contractual obligations shall be limited to foreseeable damages, typical of such contracts.
2. In case Franzen's liability is excluded or limited pursuant to Section 10.1, such limitation shall also apply to the personal liability of the legal representatives and vicarious agents of Franzen.
3. The preceding provisions do not lead to a shift in the burden of proof.