Part 1: Terms and Conditions for Entrepreneurs
Part 2: Terms and Conditions for Consumers
The aforementioned circumstances are not the responsibility of OKM GmbH even if they occur during an already existing delay. OKM GmbH shall inform the contractual partner as soon as possible of the beginning and the end of such obstacles in important cases.
At the request of OKM GmbH, the contractual partner must assign its claim against the third-party debtor in the amount of the amount invoiced by it with priority over the latter.
OKM GmbH reserves the right to collect any claims itself as soon as the contractual partner does not meet its payment obligations properly and is in default of payment. Any costs incurred shall be borne by the contractual partner.
If the defect is not recognisable, the foregoing shall apply accordingly. The period for making a complaint begins with the discovery of the defect. It shall end at the latest within the period specified in Clause 1.
In the cases in which the error cannot be eliminated, further attempts at elimination are unreasonable or the elimination of the error has failed completely, the contractual partner may choose to
Further disposal attempts are unreasonable at the earliest if two such attempts have failed. In this case, the error correction shall be deemed to have failed. OKM GmbH shall only be liable for damages in the case of intent and gross negligence.
The loss of warranty claims shall not affect OKM GmbH’s claims for damages or contractual penalties.
For defects asserted within the warranty period, but not eliminated, warranty is given until the defect is eliminated. As long as the limitation period – related to this defect – is suspended. The hindrance shall end 3 months after OKM GmbH has declared that the defect has been eliminated or that a defect has not existed; at the earliest upon expiry of the warranty period specified in clause 1. The relevant date shall be the date of dispatch of the aforementioned declaration.
The liability for damage to property is excluded in the case of slight negligence, if it is not a breach of an essential contractual obligation. In this case OKM GmbH’s liability is limited to the damage typical for the contract and reasonably foreseeable.
In the event of intent or gross negligence, the aforementioned company shall be liable for personal injury limited to a sum of € 1,533,875.64. The maximum amount is limited to € 511,291.88 for property damage and € 51,129.19 for other financial losses.
The contractual partner further ensures that the above obligations are met by his employees as well as by all other third parties (in particular vicarious agents, third party buyers). He will obligate them accordingly and prove this to OKM GmbH on request.
Copyright notices, serial numbers and other identifying features must not be removed or altered under any circumstances.
OKM GmbH shall not be responsible for the aforementioned circumstances even if they arise during an already existing delay. OKM GmbH shall inform the contractual partner as soon as possible of the beginning and end of such hindrances in important cases.
OKM GmbH commits itself to release the securities to which it is entitled at the request of the contractual partner to the extent that the total value of the securities exceeds the claim to be secured by 20%, insofar as this has not yet been settled.
In cases where the error cannot be eliminated, further attempts at elimination are unreasonable or the elimination of the error has failed completely, the warranty shall be governed by the statutory provisions.
Further disposal attempts are unreasonable if two such attempts have failed. In this case, the error correction is considered to have failed.
For defects asserted within the warranty period, but not eliminated, the warranty will be extended until the defect has been eliminated. As long as the limitation period – related to this error – is inhibited. The hindrance ends 3 months after OKM GmbH has declared that the fault has been rectified or that a fault has not existed; at the earliest, however, with the expiry of the warranty periods mentioned in section 1. The relevant date shall be the date of dispatch of the aforementioned declaration.
If the goods are passed on, the contractual partner shall also ensure that the above obligations are met by the third party (in particular the third party buyer or new owner or owner).
Copyright notices, serial numbers and other identifying features may under no circumstances be removed or altered.