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Rights resulting from defective fulfilment
1. Rights and obligations of the contract parties concerning rights resulting from defective fulfilment are governed by the relevant generally binding regulations (especially provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code).
2. The Seller is liable towards the Buyer that the goods are without defects at the takeover. The Seller is especially liable for the following towards the Buyer at the time of goods’ takeover by the Buyer:
2.1. The goods have the features agreed by the parties and if there was no agreement, they have such features as described by the Seller or the Manufacturer or that were expected by the Buyer with regard to the nature of goods and on the basis of advertising performed by them,
2.2. The goods are suitable for the purpose that is mentioned for their usage by the Seller or that is usual for this type of goods,
2.3. The goods have the corresponding quality or correspond with the agreed mock-up or model by their execution if the quality or execution were determined according to the agreed mock-up or model,
2.4. The goods are in corresponding quantity, measures or weight and
2.5. The goods are in compliance with requirements of legal regulations.
3. Provisions mentioned in Art 7.2 of the Terms and Conditions of Trade are not used at goods sold for a lower price because of a defect, due to which the lower price was agreed, for wear and tear of goods caused by their common use, in case of used goods for a defect corresponding to the level of use or wear and tear, which the goods had before the takeover by the Buyer or if it results from the nature of goods.
4. If a defect occurs during the period of six months since the takeover, the goods are deemed to have been defective already at the takeover.
5. The Buyer claims the rights from defective fulfilment at the Seller at the address of his business premises where receipt of a complaint is possible with regard to the assortment of sold goods or possibly also at the seat or place of business. The moment when the Seller receives the claimed goods from the Buyer is considered as the moment of the complaint’s filing.
6. Other rights and obligations of the parties connected with the Seller’s liability for defects may be regulated by the Seller’s Complaint Procedure.