TRICOR shall supply a warranty for the goods it delivers in line with the following provisions which contain definitive warranty clauses without constituting a warranty in the legal sense:
(a) The Buyer undertakes to check goods immediately after receipt of same in regard to quantity, quality and warranted characteristics. Goods must be checked according to the specification agreed in writing with TRICOR. In the event that such a specification has not been agreed in writing, specification of the goods as set out by TRICOR shall automatically apply. Any defects which have been identified must be notified to TRICOR in writing and accompanied by samples clearly indicating the defect within a limitation period of 14 days after receipt of the goods. The goods shall be deemed approved unless the Buyer submits the above formal complaint. Defects that have not been detected despite careful inspection within this period must be notified in writing to TRICOR immediately after their discovery.
(b) In the event of justified complaints, TRICOR shall choose to subsequently repair or replace the defective products within a reasonable period of time.
(c) In the event that the Buyer chooses to withdraw from the contract due to a legal or material defect after subsequent unsuccessful attempts at fulfilment, the Buyer shall not be entitled to file a claim for damages on the basis of the defect. In the event that the Buyer chooses to file a claim for damages after subsequent unsuccessful attempts at fulfilment, the goods shall remain with the Buyer if this can reasonably be expected of him. Compensation shall be limited to the difference between the purchase price and the value of the defective item. This does not apply in the case of fraudulent intent.
(d) Customary deviations in the sizing, smoothness and purity of the paper, gluing, adhesion, colours, printing, weight differences of up to 5% either up or down, as well as dimensional deviations of up to ± 1%, but no less than 3 mm, shall not be considered defects. TRICOR shall not be held liable for the properties of the goods with regard to their fitness for a particular purpose unless it has provided appropriate written assurance.
(e) The warranty period is one year after delivery of the goods.