General Terms and Conditions

6. Warranty

1. The Customer is obliged to inspect goods delivered by

PAW immediately upon receipt for visible transport da-

mage and also to inform PAW immediately in writing of

any defects/faults found during goods inwards inspec-

tion.

In case of complaints or when ordering spare parts, spe-

cification of the PAW serial number is mandatory. Proces-

sing will not be possible without this information. Excep-

tions: auxiliary material, accessory parts (no electronic

components).

If the complaints are justified, PAW is obliged to either

rework or replace the faulty goods - according to choice

by PAW. If reworking or replacement fail, the Customer

may only claim redhibition, any reduction is precluded.

2. Minor changes in the construction, shape and design

of the delivered goods are permissible and comply with

the contract as long as they do not adversely affect the

intended use, quality and functionality. The same applies

to spare parts.

3. If the Customer supplies components for a product

to be manufactured and supplied by PAW as part of a

Customer order, then PAW is exempted from any liability

for material defects, in as far as the goods supplied by

PAW are faulty due to defects arising from the compon-

ents supplied by the Customer. PAW is not obliged to test

the components supplied by the Customer for defects

or functionality prior to processing/assembly. The same

applies to components supplied to PAW by Third Parties

ordered by and paid for by the Customer.

4. Claims for damages against PAW, regardless of legal

provisions, including infringements of pre- and collate-

ral contracts relating to information, reference and due

care as well as definite breaches of contract and tortious

acts are excluded, in as far as damages are not due to

malicious intent or gross negligence. This preceeding ex-

emption from liability does not apply if properties are la-

cking which PAW had explicitly guaranteed or confirmed

in writing with the express purpose of protecting the

Customer against said damages. Additional claims by the

Customer against PAW, such as consequential damages,

installation costs and lost profits, are excluded.

5. The liability of PAW for faulty products in accordance

with the Law on Product Liability remains untouched by

the preceeding conditions. If PAW is made liable for da-

mages by a Third Party in accordance with the Law on

Product Liability or other legal liability regulations or if

PAW incurs damage for other reasons (i.e. a recall), then

the Customer has to exempt PAW against Third Parties if

the damage is due to a mistake or fault in the Customer’s

area of responsibility. 6. The warranty period is defined

by statutory regulations (§438 BGB - German Civil Code).

7. Set-off, Right of Retention, Assignment

The customer is only entitled to set-o

ff rights, if his/her

counterclaims have been legally established, are undis-

puted or accepted by PAW. The same applies to the right

of retention.

8. Place of Performance, Court of Jurisdiction

Place of performance and court of jurisdiction for all dis-

putes arising from the contractual arrangements bet-

ween Customer and PAW is the domicile of PAW or – if

PAW so chooses – the Customer’s domicile. The contrac-

tual arrangements between PAW and Customer are sub-

ject to German Law (as priority), alternatively to EU Law.

9. Severability Clause

Should individual provisions of this GTC be or become

void, the remaining provisions of the GTC will remain un-

affected and valid.In place of the void provisions those

legal regulations will apply, which economically come

closest to the purpose of the void provision(s) in the GTC.

10. GTC Download/Printout

A copy of the prevailing GTC is available on the Internet

at www.paw.eu and can be downloaded free of charge.

01/2020 • Printed in Germany

PAW GmbH & Co. KG • 31789 Hameln • Germany • Phone: +49-5151-9856-0 • Fax: +49-5151-9856-98 • info@paw.eu • www.paw.eu

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