Conti - 2021-2022

General terms and conditions

CONTI Sanitärarmaturen GmbH

2. In the case of obvious defects, any notifications of defects must

be addressed to us in writing without delay within 8 days from re-

ceipt, and these will only be taken into account if the goods are still

in the same condition which they were in when they were delivered.

In the event of justified complaints we reserve the right to replace

or repair the defective goods. If customers fail to duly inspect the

goods and/or duly notify us of any defects, our liability with regard

to the defect that we were not notified of either in a timely manner

or in the proper form is excluded in accordance with the statutory

provisions.

3. We must be notified of any other defects and any consequential

damage that may occur without delay and no later than within 2

weeks after they were discovered or could have been discovered.

The customer must ensure that all required measures to mitigate

the damage are taken without delay. We must be given the oppor-

tunity to inspect the defective parts and the damage in situ in their

unchanged state.

VIII. Liability for defects of delivery

We are liable for any defects in accordance with the following claims.

1. Parts that turn out to be defective due to circumstances prior to

the passing of risk, in particular due to faulty design, poor materials

or poor workmanship, will – at our discretion – either be repaired or

replaced. The customer must return any replaced parts. If the repair

is unsuccessful (section 440 sentence 2 BGB) or if the replacement

item is also defective, the customer may reasonably reduce the con-

tractually agreed price or withdraw from the contract. In the event

of insignificant defects, a withdrawal from the contract is excluded.

Special statutory provisions that apply if the unprocessed goods are

to ultimately be delivered to a consumer shall remain unaffected in

any event (recourse against supplier pursuant to sections 478 et seq.

BGB) even if the consumer has processed the goods further.

2. Following consultation with us, the customer shall afford us the

required time and opportunity to carry out all the repairs and re-

placements deemed necessary by us; otherwise we are deemed

released from our liability for defects. Only in urgent cases which

jeopardise operational safety and to prevent disproportionately

large losses or damage – in which case we must be notified im-

mediately and, where possible, our consent must be obtained – or

if we are delayed in rectifying the defect, shall customers have the

right to rectify the defect themselves or arrange for this to be done

by qualified third parties and to request that we reimburse the nec-

essary costs.

3. Provided that the complaint proves to be justified, we will bear

any costs arising for purposes of inspection and subsequent perfor-

mance following a notification of defects by the customer; other-

wise, those costs shall be borne by the customer.

4. We will bear or reimburse the necessary costs incurred for pur-

poses of inspection and subsequent performance – in particular

costs of transport, infrastructure, labour and materials as well as

disassembly and installation costs, if applicable – in accordance with

statutory provisions in the event that there is an actual defect. Oth-

erwise we are entitled to require the customer to reimburse us for

costs incurred due to the unjustified request to remedy a defect (in

particular inspection and transport costs) unless the customer was

aware of the lack of a defect or could have detected this.

5. All electrical installations and connection work that involves our

products may only be carried out by skilled electrical contractors. In

the event that the installation is not carried out professionally, we

do not accept any functional warranty claims, any other warranty

claims and any damages claims.

6. Even in the event of defects, claims of the customer for damages

or compensation for expenses incurred in vain only exist in accord-

ance with clause IX. and, apart from that, are excluded.

7. Claims and rights of customers for defects become statute-barred

after 2 years.

IX. Liability for the breach of other obligations

1. We are liable for any loss or damage that we, a legal representa-

tive or a person employed in performing a contractual obligation for

whom we are vicariously liable (Erfüllungsgehilfe) have caused due

to intentional or grossly negligent breaches of duty.

2. In the event of ordinary negligence and subject to a more leni-

ent standard of liability pursuant to statutory provisions (e.g. for the

duty of care observed in our own affairs), we are only liable:

a) for loss or damage suffered due to injury to life, physical injury

or health,

b) for loss or damage arising from a considerable breach of a fun-

damental contractual obligation (an obligation whose fulfilment is

crucial for the proper performance of the contract and on the ful-

filment of which the contracting party regularly relies and may duly

rely); in this case our liability is, however, limited to compensation

for the foreseeable loss or damage which typically occurs.

3. The restrictions of liability arising from clause IX.2 also apply in the

event of breaches of duty by or for the benefit of persons for whose

fault we are responsible in accordance with statutory provisions. The

restrictions of liability do not apply if we have fraudulently concealed

a defect of if we have provided an express warranty regarding the

quality of the delivery items and for claims of the customer under

the German Product Liability Act (Produkthaftungsgesetz).

Any liability beyond the above is excluded.

X. Liability for defects in the processing of parts that have

been sent in

We do not accept such liability if these defects arise from the proper-

ties of the material. If parts that have been sent in become unusable

during processing due to faults in the material or other defects of

the parts, we are entitled to charge for the processing costs we have

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info@conti.plus | www.conti.plus | CONVKF1010EN | valid from 07/2021 | Subject to change without prior notice