Limitation Period for Claims for Defects
You have purchased a high-quality attachment for which a limitation period of twelve (12) months is granted for claims for defects (under §438 German Civil Code, BGB).
This provision does not apply to wear and tear parts and to damage to the attachment caused by force. (See the terms of our Conditions for Claims for Defects).
1. Conditions/terms for claims for defects under Item 1
On purchase of new KAUP attachments we grant you a limitation period of twelve (12) months for claims for defects. Claims for defects concern material and manufacturing defects under regulation use of the attachment in normal working conditions. The limitation period commences on the date of transfer of risk to the purchaser, meaning the date of delivery.
a) Regulation use shall include:
- Observance of instructions for use and operation
- Adherence to instructions for maintenance
Non-regulation use shall include:
- Exceeding of the allowed load capacity and the allowed lost load center
- Pushing or pulling loads at an angle with the attachment
- Transporting persons with the load or load handling device Use of auxiliary devices on the attachment that do not correspond with the original intended use of the equipment
KAUP does not accept any liability or claims for defects relating to damage to the attachment caused by non-regulation use, improper operation or work undertaken other than by trained personnel or relating to third parties.
Proper use shall only be considered to exist when the instructions for use and operation are observed and the instructions for maintenance are adhered to.
b) Exclusion of claims for defects on KAUP attachments
- Modifications made to components under own responsibility and installation other than as stated in the instructions for use and operation shall incur expiry of the limitation period for claims for defects.
- Replacement parts must correspond to the technical requirements defined by the manufacturer, which is only warranted by the use of original KAUP replacement parts. Installation of parts of other manufacturers shall incur expiry of the limitation period for claims for defects on the components concerned and for any consequential damage on other components.
- Damage attributable to defective maintenance shall incur expiry of the limitation period for claims for defects on the components concerned or consecutive parts that may be or are damaged as a result.
- Unauthorised welding work on supporting parts shall incur expiry of the limitation period for claims for defects on the components concerned or consecutive parts that may be or are damaged as a result. We shall not be liable for any damage thereby incurred and shall not be liable to third parties.
c) Damage due to force and wear and tear parts
Damage due to force:
Damage caused to the attachment by the use of force shall not fall within the limitation periods for claims for defects.
Wear and tear parts:
Natural wear and tear in normal use is excluded in the case of the following parts: sliding profiles, sliding bushes, sliding pads, seals, rollers, screw couplings, etc. (The parts named are examples only; the specific wear and tear parts are listed in the respective spare parts list for the attachment.).
Regular maintenance of the equipment is fundamental to reliable operation, usability and long life.
2. Supplementary terms for KAUP attachments
Your purchase of a KAUP quality product entitles you to the following supplementary terms free of charge:
KAUP 12 months supplementary terms for attachments purchased from the respectively valid sales price list
For an additional twelve (12) months running from the end of the legal limitation period for claims for defects, being 12 months at KAUP, we grant you supplementary terms as follows:
- Durability of the steel structure of the attachments (exempting damage due to force and natural wear and tear of the steel structure)
- The limitation period for warranty claims for defects by the purchaser due to defective durability of the steel structure of the attachments is twenty-four (24) months.
3. General conditions for claims for defects in force at KAUP
- If parts are replaced during the limitation period for claims for defects, the limitation period for the replacement shall run from the date of replacement until expiry of the limitation period for the complete attachment. Thereby the last-named limitation period shall not be extended.
- Determination of defects shall be notified to us without delay. Replaced parts shall pass into our ownership. Defective parts shall be forwarded to us freight paid within fourteen (14) days.
- Applications for guarantee for claims for defects shall be submitted to us not later than four (4) weeks after remedying of the damage. Claims for defects received later will be rejected.
4. Claims for defects for deliveries of replacement parts
We grant you a limitation period of twelve (12) months for claims for defects for replacement parts delivered by us and installed by trained personnel. The limitation period commences on the date of transfer of risk to the purchaser, meaning the date of delivery.
a) Damage caused by incorrect installation or settings shall be excluded from claims for defects
5. Claims for defects for used attachments
The limitation period for claims for defects for used attachments will be agreed individually in writing (according to the condition of the equipment) at the time of order. These Conditions for Limitation Period for Claims for Defects are an integral part of our Conditions of Sale and Delivery. The place of jurisdiction for all disputes arising in connection with claims for defects shall be Aschaffenburg, Germany.