CleanCraft dryCAT 133 IRSCM Betriebsanleitung Seite 44

Liability for defects (warranty)
The legal regulations apply for our customers who are the consumers. The customer has to give us the opportunity to con-
vince ourselves of the defect and to bring the product at our request and cost to one of our shops for examination. The follo-
wing points apply for our commercial customers:
(1) The customer has to check the delivered goods immediately upon delivery in particular on defects. He has to inform us
immediately about any determined apparent defects. He also immediately has to inform the carrier about any transportation
damages and missing packages. If it is not possible to immediately detect the defects even though the goods are thoroughly
checked, he has to inform us immediately upon detection of the defects in writing. In this case our customer immediately has
to stop the processing, machining and use of the ordered goods. The customer has to give us the opportunity to convince our-
selves of the defect and to bring the product at our request and cost to one of our shops for examination. After execution of an
agreed acceptance, the notice of defects which were identifiable during acceptance shall be excluded. For commercial cus-
tomers, the legal term of liability for defects of 2 years is being omitted.
(2) The term of liability for defects amounts to one year from the passing of risk unless otherwise stated in the contract or law.
If the manufacturer of the delivered product grants a longer term of liability for defects, we assign our rights hereof to the pur-
chaser/buyer already with the purchase of the product. We will provide you a current list of the individual terms and conditions
of liability for defects of the manufacturers at any time upon your request.
(3) In case of warranty we will provide rework or replacement in consultation with the manufacturer at our choice. Necessary
expenses, in particular transportation, travel, labour and material costs which are occurring since the purchased product was
transported to another place than the place of fulfilment, do not imperatively have to be paid by us, unless it is prescribed by
the law. If reworks or replacements regarding a defect demonstrably fail twice or would the repair of the defect require a dis-
proportionately high effort and the rework is therefore refused, the customer may request a reduction of the reimbursement or
an annulment of the contract. We point out to our customers that there is no case of liability for defect in particular in case of
defects which had been caused at the premises of the customer due to misuse or improper use and for defects which had
been caused because the products were exposed to damaging external influences (in particular extreme temperatures,
humidity, exceptional physical or electrical stress, voltage fluctuations, lightning strikes, static electricity, fire) at the premises
of the customer.
(4) If it results in the frame of an examination of the product due to a notice of defects that the notice of defects was unjustified,
we are entitled to invoice a customary chrage for teh examination of the product as well as the transportation costs.
(5) Our warranty does neither cover natural wear and tear, improper use and storage, faulty installation nor damages which
are occurring after the passage of risk due to faulty or negligent usage, excessive stress, improper operating equipment or
due to any other influences which are not provided according to the contract.
(6) The claim for liability of defects due to an error is excluded for any repair works performed by the purchaser/buyer or third
parties without our approval or improper repairs by a service partner that is not authorised by the manufacturer.
(7) In cases of positive breach of contract, delay, impossibility, unauthorised action as well as any other legal basis (except for
precontractual violations) we are only liable in case of intent or gross negligence. In cases where culpable damage is caused
to live or health or bodily damage is caused, in cases of culpable negligence of cardinal contractual obligations (main con-
tractual obligations) or in the case of wilful deception as well as in the event of a claim according to § 437 figure 2 Civil Law
we are liable to the statutory extent, whereby our liability for the violation of cardinal obligations is limited to the amount of typi-
cally foreseeable damages. The term of cardinal obligations is either used to denote a concretely described integral obliga-
tion jeopardising the attainment of the contractual purpose or abstractly elucidated as a duty which must be fulfilled in order
that the contract can be duly and properly and on whose fulfilment the customer may ordinarily rely. If we are in delay our
customer has either the right to demand damages or the right to withdraw from the contract.
(8) In case of data losses we are only liable if our customer has demonstrably saved the data stocks in regular intervals at
least once a day. The liability for data losses is limited to the restoration cost if a backup copy is available, unless the data los-
ses were caused by us intentionally or grossly negligent. Otherwise a liability is excluded except in cases of intent or gross
negligence.
(9) The scope of our liability according to the German Product Liability Act remains unaffected.
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