Sect. 10 Warranty:

1. The buyer is obliged to check the goods for defects immediately after delivery. In the event that the properties and condition of the goods are obviously faulty or obviously deviating or if different goods were delivered than ordered the buyer shall be obliged to immediately send a written complaint to KAI Europe within three working days after delivery at the latest or, if the defect was not apparent at the immediate examination, one week after the defect was discovered. In case no complaint about obvious defects is made both in time and in due form the respective warranty expires. The obligation to check the goods and to send a complaint in accordance with sec. 377 of the German Commercial Code (HGB) shall remain unaffected.
2. The warranty period shall be one year as of delivery of the goods. This shall not apply if the purchased product is normally used for a building and has caused the defect. The limitation periods in case of a delivery recourse claim pursuant to sections 445 a, 445 b of the German Civil Code (BGB) as well as for damage claims due to injury to life, limb or health shall remain unaffected and valid without restrictions.
3. There shall be no claims for defects for merely insignificant aberrations from the agreed properties and condition and/or if usability is merely insignificant impaired. Tolerances customary in trade and branch shall not constitute sufficient grounds for a notice of defects.
4. In the event a justified notice of defects is made in time, KAI Europe reserves the right to a subsequent performance at the KAI Europe´s own choice, i.e. the rectification of the defect or the free-of-cost exchange of the defective goods returned by the buyer to KAI Europe against new goods as specified in the contract (supplementary delivery). Only if subsequent performance has failed twice may the buyer, at his own choice, demand withdrawal from the contract or the reduction of consideration.
5. Insofar as, other than that, the buyer is, due to a negligent violation of an obligation, entitled to claim damages in lieu of performance, the liability of KAI Europe shall be limited to the compensation for the foreseeable, typically occurring damage.
6. Apart from that, damage claims shall be subject to paragraph 11. Further or other claims for a defect as to quality than the claims of the buyer vis-à-vis KAI Europe and the vicarious agent of KAI Europe stipulated in paragraph 10 are excluded.
7. In case the buyer objects to the delivery or to parts thereof no part of the rejected goods may be used, processed or re-delivered. Should this happen nevertheless, the buyer denies KAI Europe the right to inspect the rejected goods and thus renders the complaint invalid.