Liability and warranty for CELUM marketplace products
hoerl Information Management is liable only for damages insofar as intent or gross negligence can be proven, in accordance with the legal provisions; however, she is only liable for gross negligence up to the amount of the agreed fee. Liability for slight negligence is excluded. Compensation for consequential damages and financial loss, indirect and consequential damages, lost profits, lost savings, loss of interest and damages from third-party claims against hoerl Information Management are in any case excluded, as far as legally permissible. The burden of proof, i.e. the obligation of hoerl Information Management to prove his innocence in respect of a defect is ruled out; CLIENT is obliged to provide proof of the defect. If corrective action is not possible within a reasonable period, CLIENT is entitled to demand a price reduction or, in the event of an essential defect, withdraw from the contract after setting a reasonable grace period. CLIENT shall report any defects in writing within 10 business days of noticing the defect, otherwise the relevant rights will be deemed forfeited.
In case of warranty, the improvement has precedence over a price reduction or change. In the event of a justified notice of defect, the defects shall be remedied within a reasonable period, whereby the Client shall enable hoerl Information Management to undertake all measures necessary for examination and remedy of the defects.
The provisions relating to warranty also apply to recourse claims, claims for damages or claims arising from any legal basis whatsoever for which warranty claims are commonly asserted, such as in particular damages caused by defects.
Furthermore, hoerl Information Management assumes no warranty for defects, failures or damages which are the result of improper use, changed components of the operating system, the interface or parameter, the improper use of organizational resources and data carriers (as far as they are prescribed), abnormal service conditions (in particular deviations from the installation and storage conditions) as well transport damages.
No warranty is provided by hoerl Information Management for programs that have been subsequently altered by programmers of the CLIENT or third parties.
If the limitations of warranty and liability violate mandatory provisions of law, the warranties and liabilities of hoerl Information Management shall at any rate be limited to the greatest extent permitted by law.
hoerl Information Management GmbH