Liability - BERG InGround Bedienungsanleitung

Liability

1. Complaints concerning faults and defects to the products that are observable from the exterior should be
made ultimately within eight days after the delivery is completed, under penalty of cancellation of any claim of the
buyer vis-à-vis BERG Toys.
2. Complaints concerning defects to the products that are not observable from the exterior should be made ultimately
within eight days after detecting these defects or after detection is reasonably possible, but ultimately within three
months after the delivery, under penalty of cancellation of any claim of the buyer vis-à-vis BERG Toys.
3. BERG Toys guarantees the soundness of the products it supplies, on the understanding that it guarantees that
these products comply with the requirements of normal trading quality on the date that these products are actually
delivered and that these products comply with the special specifications mentioned in the agreement, if and in as
far as such an agreement has been concluded with the buyer.
4. BERG Toys is not liable for damage caused by an illegal act of one and/or more of its employees for which
BERG Toys could be sued based on Article 6:170 of the Civil Code, except if and in as far as this damage is caused
by an intentional act or gross negligence of BERG Toys and/or its employees. The buyer indemnifies BERG Toys
of all claims of third parties for reimbursement of any damage suffered by these third parties as a result of the use
of the products by the buyer and/or its employees or by third parties. In case of defects as referred to in Articles 1
and 2, BERG Toys is not liable in any other manner for damage as a result of failing to observe its obligations
vis-à-vis the buyer, including the obligation to supply the products, which has been inflicted upon the buyer and/or
its employees, provided there is compliance with the requirements as referred to in Articles 1 and 2, except if and
in as far as this damage is caused by an intentional act or gross negligence of BERG Toys and/or its employees.
5. Any liability of BERG Toys for trading, consequential and/or indirect damage is excluded.
6. The compensation of damage caused by defects in the products will never be higher than the invoice value of the
products concerned.
7. Any claim against BERG Toys is cancelled by the elapse of one year after the inception of the claim.
8. Any defence, which BERG Toys can derive from the agreement concluded with the buyer in order to fend off its
liability, can also be invoked by the employees of BERG Toys against the buyer as if these employees were
themselves party to the agreement.
Champion In Ground Trampoline
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