5. Warranty, Damage Claims, Reimbursement of Expenses
5.1 For a period of at least thirty-six (12) months following delivery, we shall be entitled to claim redelivery, repairs, damages, or reimbursement of expenses incurred that arise as a result of material defects or infringement claims involving the Order, the delivery of goods/services not ordered, or a shortage in the order quantity. Any longer period of claim that has been negotiated contractually or is applicable under the statute of limitations shall remain in force, especially in the event of an act of malicious intent by Vendor.
5.2 A defect in the Order shall be deemed to occur especially upon non-compliance with specified performance and consumption parameters, and for deficiencies in parts subcontracted for by Vendor. Vendor shall warrant that the goods and/or services provided comply with generally accepted professional and technical standards, occupational health and safety regulations, and our professional trade association’s binding accident prevention guidelines.
5.3 In the event the Order is deemed defective, we shall, at our discretion, request either a remedy of the defect within a reasonable period or a flawless replacement. Alternatively, we may exercise our right to a reduction in the price or a return for a full refund, prior to granting an appropriate extension period, unless Vendor is not responsible for the defect. Vendor shall reimburse us for expenses incurred to the extent permitted by law. If such remedy is unsuccessful or a flawless replacement is impossible, we shall repair the defect ourselves or have this done through a third party at the expense of Vendor.
5.4 For any replacements or repairs undertaken, Vendor shall be liable to the same extent as for the original Order.
5.5 If an Order is accepted without notifying vendor of a defect, the Order shall, nevertheless, be covered by Vendor’s warranty obligations, unless the defect involved was visible and a claim is not filed within an appropriate period.
5.6 If we claim damages in lieu of performance, we shall forfeit our right to request delivery of the Order after such claim has been fulfilled.