§ 5 Warranty, claims and liability

As a precondition of the warranty, the customer must examine the delivered goods promptly after receipt for any damages or defects and report these to us immediately. The claim expires in the event of untimely reporting, unless the damage or defect could not be recognized despite diligent inspection.

Deficiency claims expire 12 months after delivery. This condition does not apply if a longer period is prescribed as mandatory by law. Our consent must be obtained before returning any goods.

For authorized and prompt returns, we have the option to either correct the deficiency or deliver a defect-free replacement. The deficiency will not be corrected if the repair would require unreasonable costs. If our second attempt to repair a defect does not succeed, the customer has the right (as per § 439 BGB) to demand delivery of a defect-free product, to withhold part of the purchase price, or to rescind the contract. However, the contract may not be rescinded based on negligible or immaterial defects.

The customer cannot claim damages caused by delay or compensation for nonfulfillment unless taskit GmbH displays harmful intent or gross negligence. For simple negligence, liability is limited to predictable damages; in this case, the maximum amount of damages is limited to the contract amount, but never more than EUR 1,000.00 per incident.

Any further customer claims with regard to consequential damages due to defects or other factors are strictly excluded. This does not apply in the event of intentional malice, gross negligence, or the breach of basic contractual obligations. Regulations of product liability law and the right of the customer to rescind the contract remain unaffected.

Fault-free goods can be returned only with our prior permission. We reserve the right to charge a restocking fee amounting to 10% of the value of the goods. The customer assumes all delivery costs and risks.

§ 6 Retention of title

We retain title to the delivered goods until payment in full has been made for outstanding demands from the delivery contract.

The customer assigns to us any receivables from the resale of reserved goods. This assignment applies regardless of whether the goods are resold with or without further processing. The customer is authorized, until cancellation, to collect debts from resale. We can, however, require that the buyer informs us of the debtor and notifies the debtor of the assignment.

In the case of mixing or combining the reserved goods with goods of the customer, taskit GmbH acquires joint ownership in accordance with the ratio of the invoice value of the reserved goods to the remaining goods.

§ 7 Offset and withholding

The customer does not have a right to withhold payment or offset payment against claims, unless the claim is indisputed or legally determined.

§ 8 Final clauses

The conveyance of claims against us to a third party via the customer is permitted only with our prior written consent.

The place of fulfillment for payments is the company headquarters of taskit GmbH. For deliveries, the place of fulfillment is taskit GmbH headquarters or the place of dispatch of the first sender acting on behalf of taskit GmbH.

The sole place of legal jurisdiction is Berlin, Germany.

If individual clauses or terms of this contract are invalid, unenforceable or incomplete, the other clauses and terms remain unaffected. The parties commit themselves to agree to substitute a legally valid term that comes closest to the same business objective as the unenforceable term or best completes its intent.

The German original of this document serves as the sole basis for all legal determinations.