8. Warranty
1. In case of delivery of defective goods the Supplier shall be liable in accordance with the legal regulations. If during the warranty period material defects of the deliverables occur, the Supplier has to provide supplementary performance, while basically we shall have the right to choose the type of supplementary performance. The Supplier shall have the right to refuse the type of supplementary performance chosen by us, provided that the requirements of Art. 439 Par. 2 BGB are met. We shall be entitled to unabridged statutory warranty claims; in any case we shall have the right to demand rectification of defects or delivery of a new product. The right to claim damages, particularly the right to graduated damages shall expressly remain unaffected. Moreover, the Supplier shall also be liable to us for the compensation of extra costs and damages incurred by us or our customer as a result of the defects and damages. This shall include the compensation of any financial losses.
2. If the Supplier fails to begin the rectification of defect directly after he was requested to do so by us, in cases of urgency, particularly to avert imminent danger or to avoid still larger damages, we shall have the right to do it ourselves or to have it done by a third party at Supplier’s cost. The Supplier shall bear the resulting costs.
3. In case of deliveries repaired within the period of limitation for our warranty claims, the period of limitation shall begin again at the moment the Supplier has completely fulfilled our claims for supplementary performance.
4. If we recall the products produced and/or sold by us as a consequence of the deficiency of the subject-matter of the contract delivered by the Supplier or if the purchase price was decreased because of this or if we were otherwise claimed against because of this, we reserve ourselves the right to recourse against the Supplier, while no deadline has to be set, as required otherwise, because of our warranty rights.
5. If within six month after the transfer of risk a material defect is detected, it is assumed that the defect already existed at the moment of transfer of risk, unless such assumption contradicts to the type of the object or the defect in question.
6. The warranty period is 24 months from the moment of transfer of risk. Irrespective of the above provision, the period of limitation for material defects shall be at least two months after we have fulfilled our customer’s claims because of the defect against us, and not longer than five years after the delivery by the Supplier.