5.2 Claims for Defects
5.2.1 Inspection and Notice of Defects
(a) The Purchaser shall inspect Products immediately after receipt, if reasonable also by trial use, and shall notify HS in writing of any apparent defects in reasonable detail and, if possible, enclosing or providing documents and information capable of docu-menting such defect, without undue delay, but in any event no later than within 20 (twenty) working days of receipt. HS must also be notified in writing of any hidden de-fects in a reasonable level of detail and, if possible, enclosing or providing documents and information capable of documenting such a defect, without undue delay after their discovery.
(b) In addition, the Purchaser must notify the carrier in writing of any externally visible transport damages and losses upon receipt of Products. If transport damages and losses are not externally recognizable, the Purchaser must notify the carrier in writing of the transport damages and losses within three days of receipt of Products at the latest. The Purchaser shall also notify HS thereof in writing within the aforementioned periods.
(c) For defects not reported in a timely and proper manner, any obligations of HS under this sec. 5.2 are expressly excluded.
5.2.2 Cure / Subsequent Delivery
(a) HS shall remedy, at its own expense, any Defects which the Purchaser notifies to HS by means of a notice of defects pursuant to Sec. 5.2.1. In doing so, HS shall decide whether a Product shall be replaced or repaired. Such repair can, at the sole discretion of HS, be carried out by HS or by service partners commissioned by HS.
(b) HS reserves the right to replace a defective Product with a functionally compatible successor model if an identical model is no longer available or to make modifications to it that do not negatively affect the specified functionalities of the Product.
(c) All replaced Products, components, parts and equipment must be handed over to HS by the Purchaser and shall become the property of HS without compensation once the defect has been remedied.
5.2.3 Compensation for Damages
For defects which the Purchaser notifies HS of by means of a notice of defect pursuant to Sec. 5.2.1 and which HS has not cured pursuant to sec. 5.2.2, HS shall be liable to the Pur-chaser, subject to Clause5.2.5 up to a maximum amount equal to price of the Products.
5.2.4 Time Limitation
(a) Claims of the Purchaser due to defects shall in any case become time-barred after 24 months from the date of dispatch of the Products (date of delivery bill).
(b) The remedy of a defect shall not interrupt or extend the warranty period pursuant to this sec. 5.2.4, subject only to sec. 5.2.4(c).
(c) For spare parts, consumable parts, repairs and replaced devices/components, HS grants the following limitation periods, unless otherwise noted, from the date of dis-patch of the Products (date of delivery bill):
(i) For spare parts: 12 months.
(ii) For consumable parts: 6 months.
(iii) For on-site repairs: 12 months from the date of the completed repair (date of repair protocol).
(iv) For factory repairs: 12 months on the replaced components, parts, and services performed.
(v) When replacing devices/components: 12 months on the replaced Products.
In case of a warranty period still running, the remaining term of the replaced Products will be transferred to the serial number of the new Products.
The reductions of the statute of limitations regulated in these provisions shall not ap-ply to the unlimited liability of HS in case of injury to life, body or health, as well as in case of intent and gross negligence.
5.2.5 Limitations and Exclusions of Liability
(a) HS's liability is excluded or reduced as follows:
(i) For defects or damage which are not due to material or manufacturing defects.
(ii) For defects or damage to other products or equipment of HS (for these, refer-ence is made to the applicable terms and conditions of sale and delivery and the applicable warranty provisions).
(iii) For any consequential damage to Products and/or to any other equipment, de-vices and installations.
(iv) For Products where a serial or part number has been altered, defaced, and/or removed.
(v) For defects or damages, as far as they were caused, contributed to, or in-creased by disregarding the installation, operation, or maintenance manual of HS, due to improper installation, lack of care or maintenance, or due to unau-thorized interventions, modifications, or repair attempts carried out without the consent of HS, in particular as far as defects or damages result from installa-tion, configuration, and/or application errors, configuration and/or application errors by the use of untrained and unqualified personnel, by the use of unau-thorized or unsuitable consumables, components, or parts, or by neglected, careless, or unprofessional maintenance.
(vi) For defects or damage, insofar as they were caused, contributed to, or in-creased by disregarding the applicable standards/guidelines and safety regula-tions or HS' instructions.
(vii) For any wear and tear due to use and any other natural wear and tear, for ex-ample of electrical or mechanical or other parts of the Products.
(viii) For defects or damage insofar as they have been caused, contributed to, or in-creased by improper use, environmental conditions outside the published speci-fications, unsuitable operating conditions or overload.
(ix) For defects or damage insofar as they have been caused, contributed to, or in-creased by force, foreign bodies, power failures, force majeure or other events beyond the control of HS.
(x) For defects or damage to the Products, insofar as they contain spare parts that are neither HS original spare parts nor spare parts approved by HS.
With the use of services of HS according to sec. 5.2.2 the Purchaser acknowledges that HS shall be entitled to invoice the Purchaser as principal for the expenses and costs incurred directly or indirectly as a result of the corresponding provision of ser-vices at the rates applicable at that time if one of the above-mentioned facts is ascer-tained in the course of the provision of services or subsequently. Further claims of HS shall remain reserved.
(b) No claims for defects shall arise insofar as the Purchaser or third parties have carried out improper modifications or repairs themselves or insofar as the Purchaser, after a defect has occurred, does not immediately take all appropriate measures to minimize the damage and give HS the opportunity to remedy the defect.
(c) To the extent permitted by law, HS disclaims any further liability or warranty vis-à-vis the Purchaser, namely liability for consequential damages, indirect damages, third party damages, and/or damages or reimbursement of expenses of any kind as well as indirect and/or consequential damages. This exclusion of liability shall not apply in case of a mandatory liability of HS according to applicable statutory product liability, as well as in cases of gross negligence or willful misconduct.
5.2.6 Remedies Exclusive
The remedies under this Section 5 are in lieu of (and not in addition to) the remedies pro-vided by law.