General terms and conditions

LAMPERT is liable for defects, which also include the absence of warranted characteristics, as follows:

• 1. all parts or services that become unusable or whose usability has been significantly impaired within the limitation period – regardless of the operating time – calculated from the day of the transfer of risk, due to a circumstance that occurred before the transfer of risk, in particular due to defective design, poor materials, or defective workmanship, are to be repaired, replaced, or provided again free of charge at LAMPERT’s discretion. The discovery of such defects must be reported to LAMPERT in writing without delay. Claims for material defects are always subject to a limitation period of 12 months. This shall not apply insofar as the law pursuant to. §§438 para. 1, no. 2, 475 II, 479 para. 1 and 634 (a) par. 1 No. 2 BGB prescribes mandatory longer periods.
• 2. the customer shall comply with the contractual obligations incumbent upon him, in particular the agreed terms of payment. If a notice of defect is asserted, payments by the Purchaser may be withheld to an extent that is in reasonable proportion to the defects that have occurred. If, however, the contract is part of the operation of his trade, the Purchaser may withhold payments only if a notice of defect is asserted about the justification of which there can be no doubt.
• 3. the purchaser must give LAMPERT at least two opportunities to remedy the defect within a reasonable period of time, unless the nature of the item or the defect or other circumstances indicate otherwise. If he refuses to do so, LAMPERT is released from its obligation to notify defects.
• 4. claims of the customer for expenses incurred for the purpose of supplementary performance, in particular transport, labor and material costs, shall be excluded to the extent that expenses are increased because the subject matter of the supplementary delivery was subsequently brought to a place other than the customer’s place of business, unless such transfer is in accordance with its intended use.
• If the subsequent performance fails, the Purchaser may – without prejudice to any claims for damages pursuant to Art. IX, clause 1, sentence 2 – withdraw from the contract or reduce the remuneration.
• (6) The remedy of defects shall not apply to insignificant deviations from the agreed quality, only insignificant impairments of usability, only natural wear and tear or damage occurring after the transfer of risk as a result of incorrect or negligent handling, excessive stress, unsuitable operating materials or due to external influences such as e.g. chemical, electro-chemical or electrical processes which are not assumed under the contract and in the case of non-reproducible software errors. If the customer or a third party has made improper changes, processing or repairs to the item, there shall also be no claims for defects for these and the resulting consequences.
• 7. claims under a right of recourse by the customer against LAMPERT in accordance with §§ 478 ff BGB are excluded. Compensation for any recourse claims by the customer was taken into account accordingly in the pricing. The parties consider this compensation through a lump-sum discount to be appropriate.
• 8. further claims or claims other than those regulated in Art. III against LAMPERT and its vicarious agents are excluded, in particular a claim for compensation for damage that has not occurred to the delivery item itself. This shall not apply insofar as liability is mandatory pursuant to Art. IX, clause 1, sentence 2, liability is mandatory.
• (9) Clauses 1 to 8 shall apply mutatis mutandis to such claims of the Purchaser for repair, replacement delivery or damages which have arisen as a result of suggestions or advice given within the scope of the contract or as a result of a breach of ancillary contractual obligations.