8. Liability for Defective Delivery
If the buyer is a merchant pursuant to the German Commercial Code, any claims by the buyer for supplemental performance or other claims due to the defective products require that the buyer has properly complied with his obligations for inspection and rejection according to § 377 German Commercial Code. This shall also apply in case of recourse pursuant to § 478 German Civil Code. Rejections due to noticeable defects or due to incomplete or incorrect delivery have to be made to us without delay. If you claim that we are liable for any damages in transport including short shipments, the amount of any such damages or short shipments, must be clearly indicated on the shipping documents (delivery run sheet and delivery note) at delivery. The receiving department as well as the delivering carrier´s driver must countersign these documents stating the name and the truck number. Furthermore, we must be informed about any such damages or short shipments without delay. In connection with latent defects which cannot be discovered until the packaging is opened, the following information deadlines have to be observed in order to preserve potential claims: • Mail delivery: 24 hours after delivery • Freight company and parcel services: six business days after delivery • Train / rail freight: seven business days after delivery — 4 — As of January 2023 Stanley Black & Decker Outdoor GmbH • Wiesenstraße 9 • D-66129 Saarbrücken • Telefon + 49 (0) 68 05 79-0 • www.stanleyblackanddecker.com Geschäftsführer: Alex de Courcy, Günter Korn Handelsregister: District Court Saarbrücken HRB 108597 • Steuernummer: 040/100/01655 8.1 All those parts or services that show a material defect within the warranty period - regardless of the operating time – are, at our discretion, to be repaired, re-delivered or provided again free of charge, provided that this already existed at the time of the transfer of risk.
8.2 Warranty claims are time-barred 12 months after delivery. This limitation shall not apply, however, if: i) longer warranty periods are compulsory by law, or ii) the claims made involve injuries to life, body or health, iii) the claims arise from seller´s willful breach or gross negligence, iv) in cases involving the fraudulent concealment of defects including cases involving the breach of express warrantees and arising out of the Product Liability Act. The legal regulations on suspension of expiry, suspension and restart of the periods remain unaffected.
8.3 If the buyer asserts that the products delivered are defective, the buyer may withhold payment to the extent reasonably commensurate with the defects at issue. The buyer is only entitled to withhold payments if a defect complaint is raised which is substantially certain to be meritorious. If the complaint is not successfully prosecuted, however seller may seek reimbursement from the buyer for any and all costs incurred in connection with any such unsuccessful claim.
8.4 Seller must be given notice and reasonable opportunity to cure any alleged defects. As a first step we reserve the right to repair any allegedly effective goods; or in alternative to replace them with substitute goods. § 439 para. 3 sentence 1 German Civil Code. If we are not afforded reasonable notice and an opportunity to cure, we shall be released from any further performance and / or warranty obligations.
8.5 If we fail to remedy a following a reasonably extended deadline for cure, the buyer may reduce the purchase price or cancel the agreement and seek damages. Section 10. (Other Liability) shall also apply for claims for damages and claims pursuant to § 284 German Civil Code. Seller and / or its assistants shall have no liability for damages from defects in the products except as set forth in this Section 8.
8.6 Used products are sold without warranty of any kind, and new products are not warranted against immaterial defects, normal wear and tear, damages arising from abusive or negligent treatment or use, excessive use, use in unsuitable operating conditions, poor workmanship or the independent negligence of any third party service provider after delivery (unless such poor workmanship or independent negligence is provided for under the terms of this agreement). If the buyer or a third party makes unprofessional alterations or repairs, there shall be no warranty with respect to any consequences arising from any such alterations or repairs.
8.7 Except as otherwise provided the warranty period for repairs, replacement or supplemental performance hereunder shall be six months; it shall run for no less than the term of the original warranty period of the product delivered. It shall be extended for those parts which cannot be properly operated due to an interruption, by the period of such interruption in operation as caused by repair work, replacement delivery or renewed performance of services.
8.8 Claims of the buyer for incidental or consequential damages, especially transportation, road, labor or material costs, are disclaimed to the extent that any such expenditures were increased because the buyer delivered the product to a place other than the registered office of the buyer for warranty service or repairs, unless the location to which it was delivered to performs the services and repairs sought in the ordinary course.
8.9 Recourse claims of the buyer against us according to § 478 German Civil Code only exist insofar as the contract between the buyer and his customer is subject to a legal system that provides for such a right of recourse and the buyer has not made any agreements with his customer that go beyond the statutory claims for defects. Section 8.9 also applies accordingly to the extent of the buyer's right of recourse against us.
8.10 If individual assets delivered by us are directly resold by the buyer to consumers pursuant to § 13 German Civil Code, the buyer can only assert warranty claims under the following conditions: - Such claims are permitted as a matter of law under the applicable statutes of the jurisdiction designated by the buyer and the consumer - If, in the event of a material defect, the consumer demands a type of supplementary performance which the buyer can refuse in accordance with § 439 para. 4 German Civil Code, the buyer must make use of this right of refusal. If he fails to do so, the buyer shall bear the additional costs incurred himself. - If the consumer justifiably demands damages instead of full performance or if he justifiably withdraws from the contract, the buyer is obliged to demand the return of the benefits derived by the consumer. - If, due to a defect of our delivery, the buyer asserted a claim for damages against us and has recovered the products from the consumer, the buyer must permit seller the opportunity to inspect the alleged defect. The opportunity shall be granted, at our request, by sending the products to us for inspection. - If the buyer repaired the products due to a justified warranty claim, compensation shall be made by reimbursement of the buyer´s expenditures according to our conditions for the settlement for warranty claims.