Delivery must comply with agreed specifications, be free from material deficiencies and suitable for the utilisation required by the Buyer. The Supplier shall keep the quality of the products for delivery to the Buyer constantly up-to-date with regard to technology and inform the Buyer of any possible improvements or technical modifications. The Supplier shall set up and maintain a documented quality assurance system compliant with the latest state of the art and suitable for the type and scope of product. He shall make records, particularly of his quality controls and put these at the disposal of the Buyer on request. The Supplier hereby approves the conduction of quality audits for assessment of the effectiveness of his quality assurance system by the Buyer or a representative instructed by the latter, with participation of the customer of the Buyer if necessary. The liability period for defects for delivered contractual products shall be 48 months starting from receipt of delivery, unless stipulated otherwise in writing by individual contract. Legal requirements regarding deficiencies in material or title shall apply, unless otherwise agreed below. The Buyer shall in principle be entitled to the right of choice of the type of subsequent fulfilment of the contract. The Supplier shall be entitled to the right to refuse the type of subsequent fulfilment chosen by the Buyer, on condition of the Article 439 (3) of the UK Civil Code (§ 439, Abs. 3 BGB). Should the Supplier not commence with rectification of the defect without delay after requested remedy of defects by the Buyer, then in urgent cases, the Buyer shall, especially to avoid acute danger or prevent greater damage, be entitled to the right to carry these out himself or by third parties, at the expense of the Supplier. A new period of limitation shall commence on complete fulfilment of the Buyer’s demands for subsequent fulfilment of the contract, for parts of the delivery rectified or repaired within the period of limitation for the warranty claims of the Buyer. If the Buyer shall incur costs on account of defective delivery of the subject matter of the contract, particularly transport, travelling, labour or material costs or costs for incoming examination exceeding the usual scope, then these shall be borne by the Supplier. If on account of insufficiency of the subject matter of the contract delivered by the Supplier, products manufactured and/or sold by the Buyer are taken back by the latter or if the selling price is reduced for the Buyer for this reason or any other demands have been made on the Buyer for this reason, then the latter shall reserve the right to seek recourse against the Supplier, without requiring the otherwise necessary specification of a time limit for his claims with regard to defects. The Buyer shall be entitled to demand compensation of expenses from the Supplier, which he incurred in business relations with his customer because the latter had raised a claim for compensation of expenses required for the purpose of subsequent performance, particularly transport, travelling, labour and material costs, against him. In spite of the provision in clause 5.5., the limitation of actions shall be effective for the cases specified in clauses 5.11. and 5.12. no earlier than 2 months after the point in time at which the Buyer has fulfilled the claims that were made against him by his customer, but 5 years after delivery by the Supplier at the latest. If a material deficiency becomes apparent within 6 months after passing of risk, it shall be presumed that the defect already existed at the time of passing of risk, unless this presumption is incompatible with the nature of the matter or the defect.