Terms and conditions 3

8. Documents, advertising material / rights of use
8.1 The Customer shall diligently examine the goods immediately upon receipt at the place of destination, also if models or samples were delivered in advance. The goods are to be particularly examined with respect to their external quality. If boxes, cartons or other containers are delivered, samples have to be taken at random. The goods shall be deemed to have been accepted without any defects, unless the Customer notifies us of any defect within ten (10) days after receipt of the goods at the place of destination or, in case of hidden defects, within ten (10) days after the defect was discovered. The notification must be made in writing or by telefax and has to specify the defect. All such notifica-tions of defects of goods must be addressed to us directly.
8.2 Any damages to goods in transit and incomplete delivery have to be notified immediately to the forwarding agent; the notification obligations pursuant to the German General Conditions for Forwarders (Allgemeine Deutschen Speditionsbedingungen) shall apply.
8.3 If a notification of defects is justified and has been made in due time we shall subsequently perform through remedying the defect or replacing the delivered goods according to our choice.
8.4 If subsequent performance or replacement of the goods does not remedy the defect, the Customer may demand a reduction in the purchase price or rescission of contract. In the case of minor de-fects, the Customer is not entitled to rescission of contract. If the Customer chooses rescission of contract after such unsuccessful subsequent performance, he is not entitled to any additional damage compensation.
8.5 In case the Customer receives a defective instruction sheet, we are obliged to deliver a sufficient instruction sheet only and only if the defect of the instruction sheet prevents a proper installation.
8.6 The provisions above contain the final and complete warranty for our goods. For any further claims for damages caused by the delivery of defective goods, we can only be held liable pursuant to clauses 7.7 and 7.8 below, irrespective of their legal basis.
8.7 For any claims based on misconduct, irrespective of their legal basis, e.g. default, delivery of defective goods, violation of contractual duties, violation of duties during contractual negotia-tions, torts, product liability (with the exception of the liability under the German Product Liability Act, "Produkthaftungsgesetz"), we can be held liable for damages in case of a wilful act or gross negligence only. We are not liable for negligent conduct of a minor degree, unless the contractual purpose is thereby substantially endangered. In any event, our liability shall be limited to fore-seeable and typical damages. This restriction does not apply to injuries suffered by the Customer to his life, body or health. Personal liability on the part of our statutory representatives, persons engaged in performance of our contractual obligations or employees for damage caused by them by negligent conduct of a minor degree is excluded.
8.8 Warranty claims of a Customer shall become time-barred one year after delivery of the goods. The Customer?s rights to replacement shall become time-barred one year after delivery of the goods. This shall not apply where we can be accused of fraudulent intent.
8.9 Agreements between the Customer and his Customers beyond the statutory warranty claims shall have no affect to our disadvantage.


9. Applicable Law/Jurisdiction
9.1 The relations between us and the Customer are governed by the laws of the Federal Republic of Germany. Neither the UN-treaty (CISG) nor any other existing or future bilateral or international treaties, even if implemented into German law, shall be applicable.
9.2 Place of jurisdiction for all disputes arising from or in connection with the contract shall be at our choice either Reinbek or the company seat of the Customer; for lawsuits filed by the Customer, exclusively Reinbek. Any statutory provisions regarding exclusive jurisdiction remain unaffected.


10. Concluding Provisions
10.1 Any alterations and amendments to the contract, including this clause, must be made in writing and signed in order to be valid. This shall also apply to any supplementary and additional agree-ments. 10.2 Contracts with legal persons constituted under public law and public separate estates shall be treated as contracts with commercial businessmen.
10.3 If a provision herein is or becomes partly or completely invalid, the invalidity of this provision shall not affect the validity of the remaining provisions of this contract. The invalid provision shall be replaced by a valid provision reflecting in an economic respect as closely as legally possible the objectives of the invalid provision. This applies also to issues the parties intended but failed to address. Boltze Gruppe GmbH ? Alte Landstr. 42? 22145 Braak June 2019