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12 Warranty claims
WMF shall give a warranty for legitimate defects as to quality as follows:
Any products delivered or any services rendered showing a defect as to quality within the period of
limitation shall be, at WMF’s reasonable discretion, repaired or rendered again, if the cause of the
defect as to quality had already been present when the risk was passed.
Claims for defects as to quality are subject to a limitation period of 12 months. This period shall
start with the day when the risk is passed. The above period shall not apply in case there are longer
periods required by the German Civil Code (BGB), e.g. pursuant to § 479 Sec. 1 BGB (right of
recourse of the contractor), 438 Sec. 1 No. 2 BGB (buildings and things for buildings) and § 634a
BGB (defects of construction).
The warranty period is extended to cover a period of 24 months after the risk was passed, if the
buyer, at the time of concluding the sales contract, also enters into a service agreement for a regular
maintenance of the percolator purchased. The extension of the warranty period is only effective, if
the service agreement concluded has a minimum term of two years.
If putting the machine into operation is delayed for longer than four weeks due to reasons that are
beyond the control of WMF, the warranty period shall begin four weeks after the machine being
delivered to the customer.
The buyer shall immediately give written notice of defects as to quality to WMF. Replaced parts
shall pass into the ownership of WMF.
At first WMF shall always be given the opportunity for a subsequent performance within a
reasonable period. The buyer shall make available the rejected object to WMF.
We do not give a warranty:
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for any components that are subject to a normal wear and tear. This includes but is not limited to
gaskets and washers, ribbons, and proportioning devices;
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for defects caused by atmospheric influences, deposit of boiler scale, chemical, physical, electro-
chemical or electrical influences, unless these defects are attributed to a fault of WMF;
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if a water filter is dispensed with, although the on-site water regime requires the use of a water
filter, and this results in defects. It is pointed out to the customer in the respective
acknowledgement of order, whether the use of a water filter is required;
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for defects resulting from the failure to comply with the instructions relating to the handling,
maintenance and attendance of the device (e.g. operating and maintenance instructions of WMF
laid down in the operating manual of the respective percolator type);
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for defects resulting from the inappropriate or improper use, from the failure to use WMF
genuine spare parts or from the faulty installation by the buyer or a third party, or from a faulty
or negligent handling; and for consequences from modifications or repair works that were made
improperly and without our consent by the buyer or a third party.
Claims for damages by the buyer, irrespective of their legal grounds, particularly on account of
violations of the contractual obligation and on account of tortious acts, shall be excluded.
The above exclusion shall not apply in so far as there is a mandatory liability, e.g. in case of giving
warranties as to quality or durability, pursuant to the German Product Liability Act, in cases of
willful acts, of gross negligence, of fatal injuries, of bodily injuries or injuries to health, or in case of
any violation of substantive obligations from this contract. A reversal of the burden of proof to the
disadvantage of the buyer is not implied by the above regulations.