Guarantee and Warranty Terms and Conditions (Hardware)

(These terms and conditions apply to all B2B purchases of hardware from hotsplots GmbH)

§ 1 Scope of Application

These terms and conditions govern the statutory liability for defects (warranty) as well as the voluntary, manufacturer-dependent guarantee for all hardware purchases made by commercial customers (entrepreneurs within the meaning of § 14 of the German Civil Code, BGB) from us. Upon conclusion of the contract, these terms and conditions become an integral part of the purchase agreement.

§ 2 Warranty (Liability for Defects) and Limitation of Liability

Warranty Period: The warranty period for newly manufactured hardware is one (1) year from the delivery of the goods to the buyer. For used hardware, the warranty is completely excluded. The statutory limitation periods for recourse claims under § 445a BGB remain unaffected.

Obligation to Inspect and Notify: The buyer is obligated to inspect the delivered hardware for obvious defects immediately upon receipt and to notify us in writing (email is sufficient) of such defects within seven (7) working days from delivery. Hidden defects must be reported in writing within seven (7) working days of their discovery. If a timely notification is not made, the goods shall be deemed approved with regard to the defect (§ 377 of the German Commercial Code, HGB).

Supplementary Performance: In the event of justified and timely notices of defects, supplementary performance will be carried out at our discretion either by repairing the defect or by supplying a replacement.

Exceptions to Liability: The shortening of the warranty period or the exclusion of the warranty expressly do not apply to:

Claims for damages by the buyer arising from injury to life, limb, or health that are based on an intentional or negligent breach of duty on our part;

Claims for damages for other damages that are based on an intentional or grossly negligent breach of duty on our part;

Claims for damages due to the breach of essential contractual obligations (cardinal obligations) – in this case, however, liability is limited to typical, foreseeable contractual damage;

Cases in which we have fraudulently concealed the defect or assumed a guarantee for the quality of the goods.

§ 3 Voluntary Hardware Guarantee (Back-to-Back Guarantee)

Guarantee Promise and Coupling: Independent of your statutory warranty rights, we grant a voluntary durability guarantee on the delivered hardware. The content, territorial scope, and duration of this guarantee are entirely linked to the respectively valid guarantee conditions of the respective manufacturer of the specific hardware product ("Manufacturer's Guarantee").

Dynamic Duration: The guarantee period corresponds exactly to the guarantee period specified by the respective manufacturer for the specific product at the time of purchase. If the manufacturer does not grant a guarantee for a product or parts thereof, no guarantee claim exists on our part for this product or part.

Processing by Assignment: In the event of a guarantee claim, we are entitled to assign our own guarantee claims against the manufacturer to the buyer. With the assignment of these claims, our guarantee obligation towards you is completely fulfilled. The buyer is obliged to contact the authorized customer service or support of the manufacturer directly for further processing and rectification of the damage.

Cost Limitation: Incidental costs that are not covered by the scope of the manufacturer's guarantee (e.g., costs for transport to the manufacturer, removal, installation, or travel costs) are excluded from this guarantee agreement and must be borne by the buyer themselves.

§ 4 Final Provisions

Applicable Law and Jurisdiction: The laws of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from or in connection with these terms and conditions is our registered office.