10.1 Material Defects and Defects of Title

(1) If the Customer is a consumer, the statutory warranty provisions shall apply.

(2) For entrepreneurs, the statutory provisions shall apply unless specified otherwise in these General Terms and Conditions or below. This shall not affect Section 445a of the German Civil Code (BGB).

(3) If we deliver a defective item, we may first choose whether to provide subsequent performance by remedying the defect (repair) or by delivering a defect-free item (replacement delivery). Our right to refuse subsequent performance under the statutory requirements remains unaffected.

(4) The Customer may retain a portion of the purchase price that is reasonable in relation to the defect.

(5) The Customer must give us the time and opportunity necessary for the subsequent performance that we owe, particularly to hand over the rejected goods for inspection purposes. In case of replacement delivery, the Customer must return the defective item to us in accordance with the statutory provisions. On request, we shall reimburse the Customer for the expenses demonstrably necessary and reasonable for subsequent performance, particularly transport, travel, labor, and material costs. If these are likely to exceed the expenses normally required for removing the defective item and installing or attaching the repaired or delivered defect-free item and shipping the defective item, the Customer must notify us to this effect together with the notice of defects.

(6) Claims that the Customer asserts for damages or reimbursement of futile expenses shall also exist for defects only in accordance with Section (10.4). Otherwise, they are excluded.

10.2 Exclusion of Warranty

(1) If the Customer is an entrepreneur, they shall lose any warranty claims if they fail to comply with their statutory obligations to inspect and give notice of defects. They must report obvious defects immediately, no later than one (1) week after receiving the goods. The Customer must report hidden defects immediately after discovering them.

(2) We accept no liability for public statements made by third parties (such as advertising statements).

(3) The warranty shall not apply to unsuitable and improper use, storage or installation, failure to observe the data sheets and product application information, faulty assembly, programming errors, improper commissioning/maintenance of the delivery item by the Customer or third parties, natural wear and tear, excessive strain or use, use of unsuitable operating materials or replacement tools, cases of force majeure (e.g. lightning strikes), special external influences not assumed under the contract, or other influences/events that we are not responsible for.

(4) The warranty shall also lapse if and to the extent that the Customer modifies the product after delivery or has it modified by third parties, thereby making it impossible or unreasonably difficult to remedy defects. In any case, however, the Customer shall bear the additional costs of remedying the defect incurred due to the modification.

(5) We do not guarantee the design or suitability of the product the Customer orders for a specific purpose. The Customer is solely responsible for the design and the risk of use. We strongly recommend that the Customer carefully studies the data sheets and product handling information and contacts us if they have any questions.

(6) We also expressly point out that:

• By delivering our 3D prints, we do not guarantee specific functions, uses, or purposes. The same applies to correct material selection and manufacturability. The Customer must ensure that their uploaded design complies with our design guidelines (such as detailing, resolution, cleaning, wall thicknesses, physical process limits).

• For orders placed through the online service (3D printing), we cannot always guarantee the same component properties (such as alignment, surface, tolerances) as for previous orders/deliveries (due to using different equipment). If the Customer requires uniformity in component properties, they should contact us by email or telephone.

(7) We are not obligated to check the information, data, and details that the Customer provides for the ordered product to ensure completeness or correctness. The same applies with regard to the suitability of the materials the Customer selected for their application. We are also not obligated to examine materials that the Customer provided for any defects. Likewise, we do not guarantee that the Customer’s ordered product meets certain regulatory requirements or is marketable. The Customer is solely responsible for this.

10.3 Industrial Property Rights

(1) Unless agreed otherwise, we must deliver the goods free of third-party rights, particularly intellectual property rights such as copyrights, patents, utility model rights, or design rights, as well as other industrial property rights (“property rights”) only in the country of the delivery location. If third parties assert justified claims against the Customer due to infringement of property rights by deliveries we made and used according to the contract, we shall be liable vis-à-vis the Customer as follows:

(a) At our discretion and at our expense, we will either obtain a right of use for the products in question, modify them so that property rights are not infringed, or replace them. If this is not possible for us under reasonable conditions, the Customer shall be entitled to the statutory rights of withdrawal or reduction.

(b) Section (10.4) governs our obligation to pay damages.

(c) Our aforementioned obligations shall apply only if the Customer immediately notifies us in writing of the claims asserted by the third party, does not acknowledge any infringement, and reserves all defense measures and settlement negotiations for us. If the Customer ceases using the delivery for damage mitigation or other important reasons, they must inform the third party that ceasing use does not constitute acknowledgement of property right infringement.

(2) We exclude claims asserted by the Customer insofar as they are responsible for the property right infringement.

(3) We also exclude the Customer’s claims if the property right infringement is the result of specifications provided by the Customer, by applications that we could not have foreseen, or to the extent that the Customer modifies deliveries or uses them in conjunction with products that we did not supply.

10.4 Liability/Damages

(1) In all cases of contractual and non-contractual liability, we shall be liable for damages or reimbursement of futile expenses according to the statutory provisions in cases of intent and gross negligence.

(2) In other cases, we shall be liable – subject to Section (10.4) (3) – only for breach of material contractual obligations (“cardinal obligations”). A contractual obligation is deemed material if its fulfilment is essential for proper execution of the contract and if the Customer can regularly rely and has relied on fulfilment of the same. In this case, however, we limit our liability to compensation for damage typical of the contract and foreseeable when concluding the contract.

(3) The above limitations of liability do not apply to injury to life and limb or harm to health, to defects after assuming a guarantee, to the item quality, and to fraudulently concealed defects. Liability under the German Product Liability Act also remains unaffected.

(4) Insofar as we exclude or limit our liability, this also applies to the personal liability of our employees, representatives, and vicarious agents.

10.5 Limitation Period

(1) The statutory limitation provisions apply to consumers.

(2) The following applies to entrepreneurs:

(a) The general limitation period for claims arising from material defects and defects of title is one (1) year from the start of the statutory limitation period. This does not affect Section 445b of the German Civil Code (BGB).

(b) The limitation period also applies to contractual and non-contractual claims for damages asserted by the Customer based on defects in the goods.

(c) The limitation period for other claims for damages is one (1) year from the end of the year in which the claim arose and the Customer became aware of the circumstances giving rise to the claim and the debtor’s identity, or should have become so without gross negligence. This does not apply in the cases specified in Section (10.3) (1) and (3). In these cases, the statutory provisions shall apply.

General Terms and Conditions

Murtfeldt GmbH & Co. KG

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