Tac 5 Recon Paintball Repair Manual

not work? Can not there be!

In the work contract law is the so-called functional deficiency concept. The functional performance of the work produced is the determining criterion for the success contractually due. It depends on the will of the parties, which function is to fulfill the whole work. It sounds simple at first and of course, but in practice has serious implications.

owed by the Federal Court of entrepreneurs agreed functional performance, even if that success to achieve with the contracted service or embodiment, or even under the recognized rules of technology can not (BGH, NJW 2008, 511 / 512) . In lump sum contracts based on a functional specification, the armed vulnerability is particularly high. Although several companies in the production of the work one after work or when used by the client asked components, is the lack of functional expression. Examples:

• A heating contractor is responsible for a heating system installed in the basement of a house. The connection of these heating system to the fireplace is executed by another contractor. After commissioning of the heating system exploded the fireplace. The reason is that the fire was not suitable for this heating system. The heating contractor was liable because he owed a functioning heating system and it should have considered whether the existing to the fireplace could be connected, which he had not made here (OLG Hamm, Judgement of 18.09.2008 - 24 U 48/07) .
• In a Treatment plant for a gravel pit used by the trader a contract between themselves to be carried out component, a pouring funnel. After commissioning, the customer submits the inaccuracy of the hopper. After the decision of the Supreme Court (Judgement of 10.06.2010 - Xa ZR 3 / 07) the operator is also liable here because the complete works treatment plant was inadequate. That the hopper was made by the client itself, it did not matter. The employer must examine the basis of his expertise, whether he can use the supplied component or not.
• arise at a new building with a thermal insulation cladding after two years of discoloration due to algae and fungal infestation. All the system components, especially the mineral plaster are not distorted. The OLG Frankfurt (order v. 07.07.2010 - 7 U 76/09) was still a shortage because the company owes not only a heat dam system and defective plaster work, but a total functional building. This includes a facade that - there unless particularly unfavorable environmental conditions -. Not after two years, a large-scale cleaning requires (OLG Frankfurt, supra) to ward off

To the responsibility of the contractor for a defect, he must be testing - and Note obligations being fulfilled. The scope of this test adopted by the BGH-Obligation shall be determined in each case. the contractor has not complied with this duty, he remains responsible for the lack of ability to function. He must repair his performance until the agreed function capability is reached (BGH, NJW 2008, 511/513). If this but then services are required, which are not covered by the agreed services or of construction is to ascertain whether the principal part in the additional costs must be (BGH, NJW 2008, 511/513). (copyright ago)