The guarantee shall be void if Buyer or end buyer or end customer does not ensure through the professional installation and further use of the delivered goods that no moisture or water reaches incompletely glazed surfaces (flared edge) so that potential corrosion is avoided. Seller shall not be liable for dismantling or installation costs or for costs for interruption and re-commissioning of systems in which a product or product has been installed by Seller, unless Seller is responsible for the resulting defect, especially in the event of recall by the manufacturer or any other known defectiveness of the delivered goods.
Should subsequent performance fail, whereby a subsequent improvement is to be regarded as failed only on the third unsuccessful attempt, or if Seller has rejected subsequent performance in writing expressly and finally, Buyer may assert its statutory claims. In the event of only a minor breach of contract, in particular only minor defects, Buyer shall not be entitled to withdraw from the contract. This is in particular the case if the functionality of the delivered goods is not significantly restricted and the assertion of the right to rescind the contract would therefore be disproportionate.
Defects – with the exception of recourse against supplier as per §§ 445a, 475 BGB – shall be remedied free of charge by means of rectification or replacement delivery, the choice to be at Seller's discretion. Defects caused by Buyer or the end buyer or end customer and unjustified complaints shall be remedied on behalf of and at the expense of Buyer.
Buyer shall provide all information necessary for the examination and handling of guarantee claims. Buyer shall provide Seller with the information required, including at least the Bette order confirmation number, article number and reason for complaint and where possible pictures of the damage. A form for complaints is available for download at www.bette.de
If installation has taken place at the end buyer or end customer, a copy of the installation protocols etc. must be made available.
Claims by Buyer, the end buyer or end customer for expenses incurred for the purpose of subsequent performance, in particular transport and travel costs and labour and material costs, shall be excluded insofar as such expenses increase because the delivery item has subsequently been taken to a location other than the place of delivery or the branch office of Buyer. This shall not apply in cases of supplier recourse under §§ 445a, 475 BGB or in the case of claims due to breaches of duty resulting from malice or intent or in connection with death or injury.
Any claims for cancellation on the part of Buyer against Seller in the event of resale of goods shall be valid only insofar as Buyer has not reached an agreement with its buyer (end buyer) or end customer that goes beyond statutory warranty claims.
Recognition of breaches of obligation must be made in writing to be valid.
Any guarantees given by Seller for certain goods shall apply in addition to claims for material defects or defects of title within the meaning of paragraph 1. Details of the scope of such guarantees shall be derived from guarantee conditions that accompany the article or the goods.
Information, advice, advertising. Information and advice regarding Seller's products/goods shall be provided exclusively on the basis of previous experience. As far as goods that require building supervisory approval are concerned, this approval is available. Only the product qualities specified by Seller (manufacturer) in relation to the respective product shall be decisive. Buyer or the end buyer and end customer must check at their own risk whether the goods can be installed and used as planned (see above). It is imperative that Buyer or end buyer and end customer carefully implement and observe product descriptions, assembly instructions and care instructions.