Page 196 - EuroGraphics Puzzle Catalog - EUROPE

VII. Liability for defects, liability for breaches of duty

1. Consumer liability for defects

If the buyer is a consumer, Eurographics s.r.o. for material defects in accordance with the statutory
provisions.

2. Liability for material defects among entrepreneurs etc.
If the buyer is an entrepreneur, he is obliged to report an obvious defect in the purchased item within a
period of 2 weeks from the delivery of the goods to Eurographics s.r.o. to complain in writing. If the
buyer misses this deadline, he is not entitled to any claims or rights in relation to the defect to be
reported. The obligation to give notice of defects according to § 377 HGB remains unaffected.

If the buyer is an entrepreneur, in the event of a negligent breach of duty by Eurographics s.r.o. the
rights of the buyer in the event of defects are limited to the right of subsequent performance,
withdrawal or reduction. If the buyer, who is an entrepreneur, uses Eurographics s.r.o. in this case a
reasonable deadline for supplementary performance, after this period the rights of the buyer are limited
in the event of a negligent breach of duty by Eurographics s.r.o. on the right of withdrawal and
reduction. Claims for damages are excluded. The provisions of §§ 478, 479 BGB remain unaffected.
If the buyer is an entrepreneur, a legal person under public law or a special fund under public law within
the meaning of section 310 (1) sentence 1 BGB, any claims by the buyer due to a material defect
according to section 437 BGB expire after one year from the start of the statutory period of limitation.
The provisions of §§ 478, 479 BGB remain unaffected.

If the buyer is an entrepreneur, claims for damages due to a breach of duty within the meaning of
Section 280 (1) of the German Civil Code (BGB) are excluded, provided that the damage is not due to an
intentional or grossly negligent breach of duty by Eurographics s.r.o. or on an intentional or grossly
negligent breach of duty by a legal representative or vicarious agent of Eurographics s.r.o. is based or
the underlying breach of duty does not relate to an essential contractual obligation (so-called cardinal
obligation). The above limitation of liability does not apply to damage to life, limb or health.
The mandatory liability according to the provisions of the Product Liability Act remains unaffected.

VIII. Applicable law, place of jurisdiction

If the buyer is a consumer and is habitually resident in Germany, German law applies.

If the buyer is a consumer and has his habitual residence in Austria, the validity of German law is
expressly agreed. Insofar as German law contains provisions that offer the consumer less protection
than Austrian law, German law applies with the proviso that the mandatory provisions of Austrian law as
contractual provisions under German law become part of the contract of the contract concluded and
any deviating provisions of the German law or these general terms and conditions.

If the buyer is a consumer and is habitually resident in Switzerland, Swiss law applies.

If the buyer is an entrepreneur, a legal entity under public law or a special fund under public law, the
validity of the law of the Federal Republic of Germany is agreed for contracts.