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spas, saunas and adjacent rooms with a permanent high humidity.
- Air circulation between mirror and mounting area must be given through adequate wall spa-
cing.
- The mounting parts are not supposed to consist of aggressive materials. Plastered or painted
mounting areas have to be hard-dried before mounting the mirror.
- Our test- and trademarks are not supposed to be removed or to be made irrecognisable in
order to allow a faultless proof of origin.
A warranty claim does not apply if:
- The coating damage is caused by processing or converting, unless it is carried out by us.
- The coating damage is caused by the effect of contact with agents, especially liquids, that con-
tain acids or other similarly effective substances, no matter if they encounter in direct fashion or
in fashion of fumes. This is valid for most of the commercially available detergents and cosme-
tics.
- The coating damage is caused partly or entirely by mechanical effects.
- In the case of non-compliance to our regulations concerning storage and maintenance of mir-
rors. Proof can be requested.
The customer is obliged to verify that the preceeding conditions are fulfilled or that a cause for
warranty exclusion does not exist.
XI. Other Claims for Damages; Limitation Period
1. Claims for damages raised by Buyer, irrespective of their legal basis, especially resulting from
violation of contractual obligations or from unauthorised action, are barred.
2. This shall not apply to cases of statutory liability, e.g. Product Liability Act, gross negligence,
fraudulent intent, breach of warranty, culpable damage to a person’s life, body or health or
culpable breach of substantial contractual obligations; whereby claims for damages resulting
from culpable breach of substantial contractual obligations remain restricted to liability for typi-
cal, foreseeable damages, other than intentional or gross negligence, fraudulent intent, breach
of warranty, damages to a person’s life, body or health. A reversal of the burden of proof to the
detriment of Buyer shall remain unaff ected by the provisions stated above.
3. Insofar as liability for damages by Top Light GmbH & Co. KG is excluded or limited, the same
shall apply to personal liability for damages of its employees, staff members, representatives
and its factors, servants and assignees.
4. Insofar as Buyer is entitled to claims for damages, any such claims shall lapse at the end of the
period of limitation according to Article VII clause 6. Same shall apply to claims of Buyer related
to any measures of damage prevention (e.g. product recall). In case of claims for damages
according to Product Liability Act statutory periods of limitation shall apply.
XII. Take-Back Obligation according to § 10 clause 2 ElektroG
(Electrical and Electronic Equipment Act)
1. Buyer agrees to depollute and dispose of deliveries after end of product life at his own
expense and according to statutory provisions and to discharge Top Light GmbH & Co. KG from
obligations according to § 10 clause 2 ElektroG (Take-Back Obligation of Manufacturer), hence
any claims of third parties resulting thereof.
2. Should Buyer pass deliveries on to commercial partners without committing them to take
back, depollute and duly dispose of the products delivered, he shall be obliged to take back,
depollute and duly dispose of any such goods at the end of product life and in accordance with
the respective statutory provisions. Any claim by Top Light GmbH & Co. KG regarding Buyer’s
take-back obligation shall lapse two years after the irrevocable end of life of an appliance. This
two years‘ period of suspension of statute of limitations shall commence with the date of Buyer
informing Top Light GmbH & Co. KG, in writing, of the irrevocable end of life of a product.
XIII. Place of Jurisdiction and Applicable Law
1. Place of Jurisdiction (including actions on cheques and bills of exchange) is Herford, Federal
Republic of Germany, concerning all proceedings, whereby Buyer is an established and/or
registered merchant, a corporate body under public law, or a special body under public law,
and all actions directly or indirectly resulting from or concerning the contract relations of the
parties hitherto. Top Light GmbH & Co. KG is also entitled to instigate legal proceedings at place
of jurisdiction of Buyer.
2. All legal relations within the framework of this contract are governed by the substantive law
of the Federal Republic of Germany to the exclusion of the United Nations Convention on
Contracts for the International Sale of Goods (CISG).
XIV. Final Clause
1. Any aberration from these Terms of Sale, Delivery and Payment, including changes to this
written form clause, are subject to mutual agreement in writing.
2. Should individual provisions of this contract become legally void, the legal integrity of the con-
tract shall remain unaff ected. This clause shall not apply if adherence to the contract imposes
unreasonable hardship onto one of the parties hitherto.
