Compensation liability

Compensation liability

1. In cases of injuries to life, body or health which are based on a neglect of duty by Hansgrohe AG or a wilful neglect of duty by one of its legal representatives or auxiliary persons, Hansgrohe AG is liable according to the legal provisions.
2. For other damages, the following applies:
   a) For damages which are based on a gross neglect of duty by Hansgrohe AG or a wilful gross neglect of duty by one of its legal representatives or auxiliary persons, Hansgrohe AG is liable according to the legal provisions.
   b) For damages which are based on a violation of essential contractual obligations due to simple negligence by Hansgrohe AG, its legal representatives or auxiliary persons, Hansgrohe AG’s liability is limited to the foreseeable loss typical for contracts.
   c) Indemnity claims for other damages due to breaching secondary obligations or insignificant obligations are exempted in cases of simple negligence. This applies in particular for indirect damages resulting from information, software, documents, or other data available via one of its website pages which is not free from viruses or other hazardous components.
   d) Indemnity claims from delay which are based on simple negligence are exempted; the legal rights of the purchaser subsequent to expiry of a reasonable extension of time shall remain unaffected.
3. Liability disclaimers or restrictions do not apply if Hansgrohe AG fraudulently concealed a deficiency or provided a guarantee for the condition of the item.
4. The purchaser’s entitlement for replacement of unsuccessful expenses for the indemnity claim instead of the performance shall remain unaffected.

Hansgrohe AG, as at 11 / 2007