Translation of "Beschaffenheitsgarantie" in English

Neither descriptions of Products nor any data sheets shall be deemed as a warranty of quality or an indication of quality.

Specifications contained in brochures and adverts do not constitute a quality guarantee.

A warranty of quality shall also only apply if it is expressly indicated as such in writing by us.

If the purchased item does not fulfil a quality guarantee, the supplier shall be liable within the scope of the statutory provisions.

The statutory product warranty is unaffected independent of any blame as well as any liability in respect of the legal fulfilment in regard of any product integrity warranty.

Nothing in this shall prejudice our liability in the event of fraudulent concealment of defects or a guarantee as to quality, for claims based on the Product Liability Act, and for damage caused by injury to life, limb or health.

Any further liability of United Planet is excluded unless required by law, e.g. in cases of willful acts, gross negligence, personal injury or death, failure to achieve guaranteed characteristics, fraudulent concealment of a defect or in case of breach of substantial contractual obligations.

Disclaimer We disclaim all damage liability unless liability is compulsory under the German Product Liability Act on the grounds of premeditation; wanton negligence; injury to life, body or health; due to assuming a quality guarantee, to malicious concealment of a defect or due to violation of significant contractual obligations.

Any further liability of ZIEHL-ABEGG is excluded unless required by law, e.g. under the Act on Product Liability or in cases of wilful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations.

If we have granted the Customer certain rights under a guarantee of quality in the event of a defect, such rights shall not be affected by the above limitations of liability.

Warranties of quality must be expressly stipulated in writing in the written order confirmation in any case, including for follow-up transactions.

Other than this no liability is assumed for any damages, especially direct or indirect as well as material or immaterial damages resulting from the use or non-use of the information presented, to the extent that this is not based on willful intent or gross negligence of the management of Bosch Rexroth AG or caused by damage to life, body or health, taking over a guarantee of quality, malicious withholding of knowledge of damage or fault or forcibly liable for violation of essential contractual obligations.

In addition, liability for all damages, especially for direct or indirect as well as tangible or intangible damages, that are caused by the use or non-use of the information provided is excluded to the extent that these damages are not based on the premeditation or gross negligence of Victor Reinz® or the violation of a major contractual obligation and Victor Reinz® is also not compulsively liable in accordance with the Produkthaftungsgesetz [product liability law] due to the absence of a condition guarantee or due to the endangerment of lift, limb, or health. However, damage compensation due to the violation of major contractual obligations is limited to typical, predictable damages, assuming there is no premeditation or gross negligence.

This does not apply in the case of malicious concealment of the defect, in case of non-compliance with a quality guarantee, in the case of injury to life, body, health or freedom and in the case of intentional or grossly negligent breach of duty on the part of the supplier.

Claims for damages of the purchaser – based on whatever legal title – especially for the violation of duties connected with the liability relationship and with wrongful acts are excluded to the extent no conclusive liability out of the product liability law is imperative, such as in cases of wilful or gross negligent conduct, damage to life, bodily impairment or damage to health or due to the violation of substantial contractual obligations or as far as SAM has delivered a quality guarantee or has concealed the defect maliciously.

The limitation of liability pursuant to section 1 shall not apply to claims for damages arising from injury to life, body or health, the assumption of a quality guarantee or fraudulent concealment of defects by the Supplier.

Any further liability on the part of KBA is excluded except e.g. where required by Germany’s product liability law or in cases of wilful misconduct, gross negligence, personal injury or death, failure to fulfil warranties, fraudulent concealment of a defect, or breach of basic contractual obligations.

The TUM University Library is liable for intentionally or grossly negligent damages caused, for fraudulent concealment of defects, with the acceptance of a guarantee of quality as well as for personal injury.

This does not apply in cases of malicious concealment of the defect, breach of a quality guarantee, injury to life, body or health, and intentional or grossly negligent neglect of duty on the part of the supplier.

However, this does not apply to violations of mandatory provisions of product liability law; injury to life, limb, or health; guarantees of quality or a breach of material contractual obligations.

In accordance with statutory regulations set out in the German Product Liability Act (ProdHG), we are liable without limitation in the event of fraudulent intent, willful acts, personal injury, when accepting a quality guarantee or to the extent that damages are covered by our liability insurance.

Where a guarantee of quality is given, claims for damages based on any damage not caused through our fault may only be asserted if the guarantee was intended to prevent typical consequential harm caused by a defect.

Non-negligent liability is only taken into account if there is an explicit written transfer of a guarantee (§276 BGB) or quality guarantee (§443 BGB).

This shall not apply in the event of malicious non-disclosure of defects, in the event of non-compliance with a quality guarantee, in the event of death, injury or damage to health, and/or in the event of intentional or grossly negligent violation of obligations by Kludi, or in the event of a violation of obligations whose fulfilment is essential for the proper performance of the contract, and with which the ordering party is entitled to expect compliance (major contractual obligations / cardinal obligations).

For damages resulting from any lack of warranted quality, but which do not directly affect the goods, we are only liable if the corresponding damage risk is obviously included in the quality warranty.