Insofar as the client is a merchant (Kaufmann) in the sense of the German Commercial Code (HGB), he shall examine the goods immediately after handing-over by WHITE insofar as this is in keeping with the ordinary course of business. If any non-conformity is detected, he shall have to communicate this fact to WHITE immediately. If such non-conformity is detected later, such communication must be made without undue delay after detection.
The rights of warranty of the client who is a merchant (Kaufmann) shall be dispended with insofar as the merchant is not in compliance with the responsibilities set out in para. 1 or as the client has not observed the instructions for installation, hardware and software environment and employment and employment conditions.