allshape is liable for all damages – for whatever legal basis, especially caused by violations of contract (including material defects or defects in title) or by tortious act – in accordance with the following provisions, whereby the regulations shall apply accordingly also for reimbursement claims of unavailing expenses:
8.1 allshape assumes liability in case of intent, claims under the Product Liability Act as well as in cases of injury of life, body or health in accordance with the statutory requirements. The same applies in cases of fraudulent concealment of a defect and insofar as allshape assumed a guarantee for the quality of the contractual performances conflicting any of the restrictions on liability described hereafter.
8.2 In cases of gross negligence, allshape shall be restricted to the replacement of typical foreseeable damage.
8.3 In cases of slight negligence, a liability for material defects and financial loss, particularly also for consequential financial loss, is excluded.
8.4 In cases of liability regardless of negligence of fault for a deterioration incurring during a delay, or a destruction of the denture during the delay, respectively, the liability of allshape is also restricted to the typical foreseeable damage.
8.5 Insofar as claims for damages are based on material defects or defects in title for the delivered product, these become statute-barred within one year as of the shipment of the product unless a case pursuant to sub. 8.1 exists. Unless again one of the cases described in sub 8.1 occurs, all further claims for damages against allshape become statute-barred within 2 years as of the end of the calendar year in which the claim arose and the customer learnt about it or would have to learn about without gross negligence. Irrespective of the knowledge of such claims or unawareness due to gross negligence, such claims become statute-barred within 6 years after their origination.
8.6 The customer bears the full burden of proof.