Liability - BERG Favorit Manuel D'utilisation

Liability

1. Complaints about visible defects or deficiencies in the goods must be made within one week of delivery,
or any claim made by the purchaser against BERG Toys shall be deemed invalid.
2. Complaints about latent defects must be made by the purchaser to BERG Toys within one week of their
discovery or of when they could reasonably have been discovered, but in any case within three months
of delivery. Otherwise, such claims shall be deemed invalid.
3. BERG Toys guarantees the durability of the goods that it supplies, on the understanding that it
guarantees that, on the day when they are actually delivered, these goods meet the requirements of
normal saleable quality and the specifications mentioned in the contract if such specifications have
been agreed with the purchaser.
4. BERG Toys is not liable for damage caused by an unlawful act by it and/or one or more of its
employees for which BERG Toys could be held liable pursuant to Article 6:170 of the Civil Code, unless
this loss is caused by wilful action or gross negligence by BERG Toys and/or its employees. The
purchaser cannot hold BERG Toys liable for any claims by third parties for the compensation of any
loss sustained by said third parties due to the use of the goods by the purchaser and/or its employees
or by third parties; In the event of defects as defined in Article 1 and 2, BERG Toys cannot be held
liable in any way for losses or consequences of shortcomings in the fulfilment of its obligations towards
the purchaser, including the obligation to deliver the goods, sustained by the purchaser and/or its
employees, even if the requirements set out in Article 1 or 2 are met, unless or to the extent that this
loss is caused by a wilful act or gross negligence by BERG Toys and/or its employees.
5. BERG Toys declines any liability for loss of profits, consequential and/or indirect losses.
6. Compensation for losses caused by defects in the goods shall never exceed the invoice value of the
goods concerned.
7. Any claim against BERG Toys shall lapse after the mere passage of one year after the claim arises.
8. Any defence used by BERG Toys to decline its liability under the contract entered into with the
customer can also be invoked by the employees of BERG Toys against the purchaser, as if these
employees were themselves party to the contract.
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