7.1 (Duty of examination and notification)
After acceptance, the Buyer must examine the goods without delay. Therefore he must observe the recognised industry standards. In any case, the Buyer is obliged to give notice to the Seller, exactly specifying the nature of the lack of conformity, as soon as he has discovered it or ought to have discovered it. After arrangement with the Seller the Buyer is responsible for the securing of all proofs.
7.2 (Handling and storage)
The proof of adequate and dry storage of the goods, the correct installation and maintenance as well as the careful handling of the goods including its appropriate use by suitable and trained personnel devolves on the Buyer. 7.3 (Remedy of defects, substitutional delivery)
If the goods do not conform to the contract, the Seller may remedy the lack of conformity at first and at its own discretion within four weeks after the Buyer’s request and, even if the defects are substantial, by repair or substitutional delivery.
Any repairs must be affected at the place of business of the receiver agreed in the contract. If such receiver’s place differs from the Buyer’s place of business, this must be disclosed to the Seller. Otherwise the latter shall not bear any thus increased costs.
The Buyer – on reasonable demand and according to the directions of the Seller – is obliged to participate in any repair works against reimbursement of his expenses.
7.4 (Pro rata reduction, termination of the contract)
If the Seller fails to remedy the lack of conformity according to no. 7.3 by repair or replacement, the Buy-er is entitled to a reasonable pro rata reduction of the purchase price. If the lack of conformity is fundamental, the Buyer may fix a final period for fulfilment and after fruitless expiration of such final period demand termination of the contract.
7.5 The Seller is liable for indirect losses only according to the stipulations of no. 8.2.
7.6 (Deviations customary in trade, changes in construction)
Deviations, which are customary in trade, regarding quantities, measures, quality, weights etc. are permitted. Equivalent changes in construction are reserved.
Regarding customer specific items and goods furnished with particular advertising deviations in the delivery volume of up to 10 % more or less are reserved.
7.7 (Observation of Seller’s instructions)
Instructions of the Seller about the further treatment, operation or application of the goods as well as warnings, cautions and contraindications must be observed by the Buyer, otherwise damages resulting thereof have to be borne by the Buyer.
The buyer must ensure that, as of the entry into force of the IVDR, he can read and handle the UDI code indicated on the deliverd goods for traceability purposes.