Warranty and Liability
The Supplier guarantees that products, which are used under normal circumstances and according to instructions of use and the applicable legislation, will function properly and are manufactured of defect free materials.
The warranty period is two (2) years unless otherwise limited or agreed upon for a specific product or a product batch. The warranty does not cover the possible battery of the product. The warranty period starts from the day the end user received the product. The limit of the warranty period is three (3) years from the end of the calendar month, during which the Supplier delivered the product from his dispatch department.
When receiving the delivery those preceding the end user in the supply chain as well as the end user are to carefully inspect that the shipment is according to the packing list and technical documentation and that no visible damages occur. The supplier is to be informed of any deviations immediately.
The warranty liability covers the repair or replacement of the defected product, including freights, forwarding and other direct costs linked with delivery of the repaired or replaced product under warranty.
The warranty repair shall be made by the Supplier or the Suppliers authorized representative, who, when needed, shall replace the defected product in whole or in part with new one. The precondition of the liability to carry out a repair under the warranty, if the Supplier so demands, is that the defected product or the defected part of the product is returned to the Supplier or a third party nominated by the Supplier.
The warranty is limited as follows:
The warranty liability does neither cover dismantling costs of the defected product nor assembly of the repaired or the replacing product and does not cover indirect costs or losses resulting from example dismantling or reassembling equipment other than the defected product.
The Suppliers liability does not cover damages or defects which could have been detected in the inspections specified in paragraph 3. above, or consequences of such matters.
The Supplier has fulfilled its obligations according to warranty in respect with the defected product when the Supplier has delivered a new product as replacement or returned the duly repaired product.
After the termination of the warranty period the Supplier shall be liable for only such defects and deficiencies, which are due to the Suppliers gross negligence or intent.
The Suppliers contracting party is to limit his own warranty liability accordingly in his own terms of sale.
The Supplier shall be liable for damages to products and damages to third parties caused by products according to current product liability laws in EU and these conditions. Both parties shall have sufficient product liability insurance.
The Supplier shall not be liable for indirect losses and pure financial losses, lost profit or other consequential economic losses.
The Supplier shall not be liable for damages caused by negligence of his contracting party or a third party and not for damages caused by the use of the product for other purposes than it is intended to.
The Supplier shall not be liable for damages caused by raw materials, designs of work methods instructed by the purchaser.
The Supplier shall maintain a general product liability insurance with a minimum cover of 500.000 euros. The insurance shall cover the product liability of the Supplier towards the contracting party and the product liability of the Supplier towards third parties.
The Suppliers contracting party is to limit his own liability accordingly in his own terms of sale.