(1) If the delivered goods have a defect as to quality the customer may initially demand removal of defects or delivery of goods free from defects; if the customer is entrepreneur we may choose between removal of defects or delivery of goods free from defects. We can deny the type of supplementary performance selected by the customer if this is possible only with unreasonable costs.
(2) If the supplementary performance according to § 7 clause 1 fails or is unreasonable for the customer or if we deny the supplementary performance the customer is entitled to withdraw from the sales contract, to reduce the purchase price or to demand damages or compensation for wasted expenditures. Furthermore, the special provisions § 8 of these Terms of Sale shall apply to claims of the customer for damages.
(3) The warranty period is two years as of delivery if the customer is a consumer, otherwise twelve months as of delivery.
(4) The following shall apply to entrepreneurs only: The customer shall carefully examine the goods immediately after consignment. The delivered goods shall be deemed approved by the customer if we are not notified of a defect (i) in the event of obvious defects within five working days after delivery, or otherwise (ii) within five working days after discovery of the defect.