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Article 7 Warranty rights, obligations of purchaser with respect to inspection and complaints

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a) For substantive deficiencies including the absence of warranted quality, we shall be liable to commercial customers and legal entities under public law in accordance with the applicable provisions of law for cancellation, reduction of price or replacement at our discretion, provided the following conditions are met in addition to compliance with applicable law:

1) Immediately upon delivery, the purchaser shall inspect goods and packaging in accordance with customary commercial practice. If the goods are delivered in multiple shipping units, the purchaser must also check the labels on each shipping unit for conformity with his order. If the goods are delivered in tank vehicles or tanks which are not to remain in the purchaser's possession, the purchaser must check the accompanying shipping documents required by law for conformity with his order. He shall also be required to sample the goods in order to verify conformity with order specifications before they are removed from the transport tanks/vehicles.

2) Following inspection in accordance with item a), the purchaser shall immediately notify the vendor of any deficiencies detected.

3) Should the purchaser fail to perform a required inspection or to report detected or detectable deviancies immediately, he thereby loses his warranty rights with respect to the detected or detectable deficiencies in question. The same applies to an inadvertently wrong delivery, including a deviation so significant that approval/acceptance of the goods by the purchaser can be effectively ruled out.

4) In the case of concealed deficiencies, the purchaser must file complaint immediately and in no case later than ten days following detection of the deficiency. If not, the goods shall be regarded as accepted. Complaints regarding concealed deficiencies are ruled out categorically after eight weeks from the data of receipt of the goods. The right to demand replacement for misbeliever remains unaffected by this provision.

b) For substantive deficiencies including the absence of warranted quality, we shall be liable to non-commercial customers in accordance with the applicable provisions of law for cancellation, reduction of price or replacement at our discretion, provided the following conditions are met in addition to compliance with applicable law:

1) The non-commercial purchaser has the same obligations to inspect and verify as the commercial customer (see item a), no. 1 above). In contrast to the commercial customer, however, the inspection and verification requirements are not based upon customary commercial practice but upon the knowledge which could reasonably be expected of the customer, given his occupational status.

2) Following inspection in accordance with a), detected deficiencies are to be reported in writing immediately; otherwise, deficiencies are to be reported in writing within 6 months.

3) Should the purchaser fail to perform inspection in accordance with reasonable expectations or to report detected or detectable deficiencies within the specified periods, he thereby loses his warranty rights with respect to the detected or detectable deficiencies in question.