17
5 Liability
WMF will be liable as follows for justified defects of quality:
All products or services that exhibit a defect of quality within the statutory period of
limitation shall at the option of WMF be repaired or replaced free of charge if the cause of
the defect of quality occurred before the passing of risk.
Claims for defects of quality become statute-barred in twelve months. The period
commences at passing of risk. The above periods do not apply if longer times are prescribed
by law.
The customer must notify WMF promptly in writing of any defects of quality. Replaced
parts become the property of WMF.
In all cases, WMF shall first be given an opportunity of subsequent performance within an
appropriate time. The customer shall place the subject of the complaint at WMF's disposal.
No liability applies in respect of:
-all parts subject to natural wear and tear. These include seals;
-defects due to the effects of weather, scaling, chemical, physical, electrochemical
or electrical influences not attributable to any fault of WMF;
-defects due to failure to follow the instructions for the use, maintenance and care of
the machine (e.g. WMF operating and maintenance instructions as specified in the
instructions for use/operator's manual);
-defects due to improper or incorrect use, failure to use WMF original parts or
defective installation by the customer or third parties or defective or negligent
treatment, or the consequences of modifications or repairs carried out improperly
and without our consent by the customer or third parties.
Claims for damages on the part of the customer, on any legal ground, in particular based on
nonobservance of duties arising from the relationship under the law of obligations and
tortious act are excluded.
This does not apply in case of obligatory liability, for example under product liability law, in
cases of intent, gross negligence, injury to life or limb or health or breach of essential
contractual obligations.
This does not apply in case of obligatory liability, for example under product liability
law, in cases of intent, gross negligence, injury to life or limb or health or breach of
essential contractual obligations.