Terms Of Warranty - Otto Bock Avantgarde Teen 2 Bedienungsanleitung

14 Terms of Extended Warranty of Otto Bock HealthCare GmbH
1. Subject of the Extended Warranty
1.1 This extended warranty applies to wheelchairs.
1.2 The extended warranty comprises claims of the medical supply store / service company against Otto Bock
HealthCare GmbH and does not affect the statutory warranty claims of the ultimate consumer towards the medi-
cal supply store or any other service company being responsible for the fitting of the patient.
2. Scope of the Extended Warranty
2.1 Otto Bock HealthCare guarantees, subject to the adherence to the conditions described in paragraph 3
and subject to the observance of the exclusions according to paragraph 4, that beyond the statutory warranty
period, up to 4 years after the first use no construction faults, fabrication faults or material faults will occur on
frame parts and cross braces of manual wheelchairs fabricated in series production and on frame parts of
power wheelchairs fabricated in series production that considerably impair the wheelchair's usability.
2.2 If 2 years after the first use construction faults, fabrication faults or material faults occur, Otto Bock Health-
Care has the choice either to replace the entire wheelchair or to replace or repair defective parts of the frame
and of the cross braces. This extended warranty does not entitle the medical supply store / service company to
further claims for reduction, cancellation of the contract or damage.
3. Conditions for Laying Claims
The medical supply store / service company can lay claims under the extended warranty, only if:
3.1 it refers to first use,
3.2 the wheelchair has been employed by a healthcare provider authorized by the health-insurance system,
3.3 the healthcare provider authorized by the health-insurance system passes the complete fitting on along with
a report of defects,
3.4 for the construction of custom fabrications made from the products fabricated in series production to adapt
them to the individual conditions of a patient exclusively medical products with CE-mark are used and these
products are used in conformity with the functional purpose appropriate for such medical products,
3.5 modifications on a wheelchair do not go beyond the adaptation intended by Otto Bock HealthCare (e.g.
adjusting the legrest length) and the use of the accessories recommended by Otto Bock HealthCare (modular
system),
3.6 the one who repairs (adapts) medical products uses exclusively spare parts and add-on parts authorized by
the manufacturer (original spare parts) and works according to the provisions given by the manufacturer (see
instructions for use).
4. Exclusion of the Extended Warranty
The extended warranty is not effective, if Otto Bock HealthCare proves that
4.1 the conditions for laying claims according to paragraph 3 are not complied with,
4.2 the diminution of the wheelchair's usability is due to unprofessional employment of the wheelchair especially
retrofits which do not conform to the manufacturer's description,
4.3 the diminution of the wheelchair's usability is due to normal wear and tear especially of the batteries whose
usability is usually limited to six months,
4.4 the diminution of the wheelchair's usability is due to incorrect storage, transport or inappropriate as well as
unprofessional use and storage,
4.5 the diminution of the wheelchair's usability is due to a change of the patient's physical constitution, e.g.
considerable increase in weight,
4.6 the diminution of the wheelchair's usability is due to force majeure.
5. Liability
For the undertaking of performance under this extended warranty, Otto Bock HealthCare is liable only for slight
negligence in case unessential obligations have been violated; Otto Bock HealthCare assumes no liability for
intentional acts of persons performing extended warranty service on our behalf. In addition, damages claims are
restricted to the damage foreseeable at the beginning of the undertaking of performance.
6. Incidental Provisions
6.1 We are allowed to destroy replaced parts three weeks after return unless the patient or his/her paying party
(health insurance company) expressly object.
6.2 Place of fulfillment of performance under this extended warranty is Duderstadt.
6.3 This extended warranty is governed by German civil and commercial law; place of jurisdiction is Duderstadt.
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