problem, and a copy of the original receipt. The customer shall be liable for any possible
damage or loss of the product during transit to the place of purchase for this purpose.
WACOM's sole obligation and entire liability under this warranty shall be, at WACOM's
option, either the repair or the replacement of the product or parts thereof that prove
defective and that were returned within the applicable warranty period. WACOM does not
warrant to repair or replace the product if: (a) the damage to the product results from
accident, misuse, improper use, negligence or unauthorised alteration or repair; (b) the
product was not handled or stored according to the instructions provided by WACOM;
(c) the damage resulted from normal wear and tear of product parts; or d) the serial
number affixed by WACOM has been removed or rendered unintelligible. Any descriptions,
drawings, specifications, samples, models, notifications or similar material provided in
connection with the purchase of the product cannot be taken as an explicit guarantee that
the product corresponds to or fulfils your requirements.
The warranty guaranteed by law remains unaffected. You can claim defects of the product
in accordance with the relevant legal provisions.
WACOM shall only be liable for itself and its vicarious agents if a material contractual
obligation has been culpably breached in a manner jeopardising the purpose of the
contract or the damage is due to intentional acts or omissions or gross negligence.
A material contractual obligation is an obligation which is essential to the proper
performance of the contract on which the other party will typically rely. In case that the
culpable infringement of such a material contractual obligation is not due to intention or
gross negligence, the liability of a party shall be limited to such damages being typical for
the contract and which were reasonably foreseeable at the time of the closure of the
contract. Where these Terms and Conditions preclude or limit liability, this also applies to
the personal liability of the executive officers of the party concerned, its employees, agents
and subcontractors. The provisions of the product liability law (Produkthaftungsgesetz)
UM-0611(D)_Diamond_IPI_03292019.indd
4
remain unaffected.
If, when a claim made under this warranty is checked, it emerges that it is outside the
permitted time period or is not covered by the warranty or that the product is not
defective, the customer will reimburse WACOM for associated costs. This limited warranty
shall apply if the registered office of the vendor is situated in the EU or Iceland, Norway,
Jersey, Switzerland, Russia, the Ukraine, Croatia, Serbia, Tunisia, Turkey, Syria, Lebanon,
Jordan, Israel, Egypt, the United Arab Emirates, Iran or South Africa.
This warranty is subject to German law. However, the applicability of the United Nations
Convention on Contracts for the International Sale of Goods is explicitly excluded. The city
of Düsseldorf, Germany, is the sole place of jurisdiction for all claims arising from this
contractual relationship and all disputes between the parties resulting from the formation,
handling or termination of the contractual relationship, provided that the customer is a
trader, a legal entity or fund under public law. The jurisdiction agreement shall also apply
for customers who do not have a general place of jurisdiction in Germany. The jurisdiction
agreement shall not apply if, due to legal provisions, a different sole place of jurisdiction
must be established for the case. Furthermore, WACOM is authorised to file a lawsuit
against the headquarters of the customer.
Should one of the provisions of this limited warranty be or become void, the validity of the
other provisions shall not be affected, in full or in part.
Should a provision be invalid, the legally permissible regulation most closely resembling the
invalid regulation shall apply in its place. If you have any questions about this agreement,
or would like to contact WACOM for another reason, please write to us at this address:
Wacom Europe GmbH
Völklinger Straße 1
40219 Düsseldorf
Germany
2019/03/29
17:24:09