Terms of warranty
1. Any warranty rights of the purchaser are conditional upon the purchaser’s compliance with its obligations regarding inspection and notification according to §§ 377, 378 of the German Commercial Code (HGB). §§ 377, 378 HGB also apply mutatis mutandis when we only provide a pure service to the purchaser.
2. Insofar as the purchased item is defective, we are always first entitled to be granted the opportunity to provide supplementary performance according to § 439 of the German Civil Code (BGB).
3. Unless otherwise specified below, any other claim by the purchaser – irrespective of its legal basis – is excluded. We shall therefore not be held liable for damage not occurring to the delivered item itself; in particular we shall not be held liable for any lost profit or any other financial loss of the purchaser.
The aforementioned exclusion of liability shall not apply insofar as the cause of damage is based on intent or gross negligence, as well as in case of injury to life, body or health. It shall also not apply insofar as we have assumed a guarantee for the properties of the particular item or for its durability. The aforementioned exclusion of liability shall also not apply to such damage, which was caused by culpable violation of material contractual obligations (these are obligations, the fulfilment of which is a prerequisite for enabling proper performance of the contract, and the observance of which can be, as a rule, replied upon by our contractual partner); in such case, provided no intent or gross negligence exist and we have assumed no guarantee, our liability shall be limited to foreseeable damage typical for the particular type of contract.
4. If the delivered goods is defective or lacking any properties as promised, or if it becomes defective during the warranty period, we reserve the right of supplementary performance. At our discretion and with the exclusion of any additional warranty rights, we will provide either for remedy of the defect or for a replacement delivery.
In the event that and only if such supplementary performance is unsuccessful, we will take the product back. Upon identification of such defects, specifically within 10 days from acceptance in case of identifiable defects and without delay after identifiability in case of non-identifiable defects, we shall be promptly notified on them in writing. However, the warranty period expires, at the latest, 24 months from the day the goods have been dispatched from our plant.
The warranty becomes void in case of improper usage of goods, in case of other than designated use of goods or when the goods are modified by the purchaser or by a third party.
The contractual item is exclusively the goods sold with the properties and characteristics, as well as the designated purpose, in compliance with the attached product description. Other or additional properties and/or characteristics or an additional designated purpose shall be deemed agreed only if explicitly confirmed by us in writing.
Return of goods can only be carried out after a written agreement. It is necessary to attach the goods return accompanying certificate on the outside (to be provided by BURG-WÄCHTER).
Any returned goods without the accompanying certificate cannot be processed. The return delivery address is: BURG-WÄCHTER KG, Wormgermühle, D-58540 Meinerzhagen.
A minimum deduction of 25% is charged for any return not caused by BURG-WÄCHTER. Custom-made items (mailbox systems, locking systems, etc.) cannot be returned.