Warranty; Liability - STORZ & BICKEL Mighty+ Gebrauchsanweisung

12 W A R R A N T Y, L I A B I L I T Y, C O P Y R I G H T

12.1 Warranty

Storz & Bickel GmbH and Storz & Bickel America Inc., as the sellers, hereby guar-
antee the customer, that the product will be free from defects in accordance
with the specifications of German law, and pursuant to our General Terms and
Conditions (GTC), upon which the purchasing agreement are based. Of course,
Storz & Bickel will only be subject to a warranty obligation if the customer has
purchased the products directly from us. If products are purchased from third
parties, warranty claims may only be asserted against these third parties, and
Storz & Bickel cannot provide any information on the content of such claims.
In clarification, we would like to note once again, that the warranty extends only
to correcting such initial defects that exist despite proper handling of the prod-
uct in consideration of this Instructions for Use and further information provided
to users. Normal wear or tear to the products – and especially to the batteries
- is not considered a defect under warranty law. If the customer has commis-
sioned third parties with completing maintenance or repair of the product, or if
the customer uses external products, Storz & Bickel's warranty obligations will
only exist if the customer can prove that the defect was not caused by use of the
external service or external product.
Storz & Bickel will decide at its own discretion whether to correct a defect cov-
ered by warranty law through repair or by delivering a new product to the cus-
tomer.
Any warranty claims must be directed to Storz & Bickel GmbH, In Grubenäck-
er 5-9, 78532 Tuttlingen, Germany. American and Canadian customers should
direct warranty claims to Storz & Bickel America Inc., 1078 60th Street, Suite A,
Oakland, CA 94608. Please send the complete defective item to us, not disas-
sembled, with invoice. Please use external packaging that would prevent any
damage during transportation.
In order to avoid misunderstandings, we would like to note that all information
on our products provided in this Instructions for Use or elsewhere does not rep-
resent any guarantee of features or durability, unless we have expressly referred
to a guarantee for such features or durability.

12.2 Liability

Storz & Bickel shall be liable for any damages caused to the customer by our
products in accordance with German law and pursuant to our GTC. Under said
provisions, we are only liable for damages caused by intentional action or gross
negligence, unless such damages involve death, personal injury, or injury to
health, or if the injury is related to a cardinal contractual obligation. In such cas-
es, we will also be liable to the customer for simple negligence.
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