11.1 Warranty claims of the customer presuppose that the customer has properly fulfilled his obligations to inspect and give notice of defects in accordance with § 377 HGB.
11.2 Insofar as the product is defective within the meaning of §§ 434, 435 BGB, JC Eventtechnik GmbH is entitled at its discretion to subsequent performance in the form of rectification of defects or delivery of a defect-free item. In the event of rectification of defects or replacement delivery, JC Eventtechnik GmbH is obligated to bear all expenses required for the purpose of subsequent performance, in particular transport, travel, labor and material costs, provided that these are not increased by the fact that the purchased item was taken to a location other than the place of delivery.
11.3 If the supplementary performance fails, the customer is entitled to choose between withdrawal or reduction.
11.4 JC Eventtechnik GmbH is liable in accordance with statutory provisions if the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of JC Eventtechnik GmbH’s representatives or vicarious agents. Insofar as JC Eventtechnik GmbH is not accused of intentional breach of contract, liability for damages is limited to foreseeable, typically occurring damages.
11.5 JC Eventtechnik GmbH is liable in accordance with statutory provisions if JC Eventtechnik GmbH culpably breaches a material contractual obligation; however, even in this case, liability for damages is limited to foreseeable, typically occurring damages. A material contractual obligation exists if the breach of duty refers to an obligation on the fulfillment of which the customer relied and was entitled to rely.
11.6 Insofar as the customer is entitled to compensation for damage instead of performance, JC Eventtechnik GmbH’s liability is also limited within the scope of para. 3 to compensation for foreseeable, typically occurring damage.
11.7 Unless otherwise regulated above, liability is excluded.
11.8 The limitation period for claims for defects is 12 months, calculated from the transfer of risk.
11.9 The limitation period in the case of a delivery recourse according to §§ 478, 479 BGB remains unaffected; it is five years, calculated from delivery of the defective item.
11.10 If JC Eventtechnik GmbH has fraudulently concealed a defect or assumed a guarantee for the quality within the meaning of § 443 BGB, the statutory provisions on liability for material defects and defects of title and their limitation remain unaffected.
The liability of JC Eventtechnik GmbH for defective products according to the regulations of the Product Liability Act remains unaffected.
Furthermore, liability for culpable injury to life, body or health shall also remain unaffected.