Duscholux shall be liable for defects and other complaints, including the absence of warranted characteristics, to the exclusion of all further claims against it and its vicarious agents as follows:
All those parts shall be repaired or replaced free of charge at Duscholux's discretion which within 2 years - irrespective of the operating time - from the day of the transfer of risk demonstrably come to harm as a result of a circumstance prior to the transfer of risk, in particular due to faulty design, or whose usability has been considerably impaired, irrespective of the operating time. Complaints about such defects can only be considered if they are reported to Duscholux in writing within 10 days of arrival of the goods at the latest, specifying the claimed defects in detail. The ordering party shall grant Duscholux reasonable time and opportunity to remedy these defects. If he refuses to do so, Duscholux shall be released from its liability for defects.
Defective parts shall only be repaired or replaced if they are sent to Duscholux freight and packaging paid. Duscholux shall not be liable for defects arising after the transfer of risk. In particular, Duscholux shall not be liable for defects attributable to natural wear and tear, nor for damage resulting from faulty or negligent handling, unsuitable equipment, wilful damage, defective construction work, improper assembly (not in accordance with assembly instructions) and storage. Duscholux shall not be liable for damage caused by third parties, e.g. craftsmen. Duscholux shall also not be liable for modifications and repair work carried out by the ordering party or third parties. If Duscholux is commissioned or called upon to remedy such or similar damage, a new additional order shall be created which shall be invoiced on the basis of the actual expenditure of time and material and to which these Terms and Conditions shall apply mutatis mutandis. The same shall apply if Duscholux undertakes assembly from the outset.
Duscholux shall be liable for replacement parts to the same extent as for the original delivery item, and only until expiry of the warranty period applicable to the original item. Hidden defects must be reported to Duscholux within 10 days of becoming known, otherwise Duscholux shall be released from its liability for defects.
If the purchaser is advised by Duscholux, this shall be without obligation and to the exclusion of any liability risk. Duscholux shall not be liable for the usability of the product assumed by the customer. Duscholux shall only be liable for direct damage caused intentionally or by gross negligence. Unless otherwise agreed, the applicable standards and DIN tolerances shall be deemed accepted.