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Restricted Manufacturer’s Guarantee
Restricted Guarantee – statutory Guarantee:
Please note that the Restricted Manufacturer’s Guarantee set out below applies in addition to
your statutory guarantee and neither replaces nor restricts it. Please contact the seller of this product with any claim based on your statutory
guarantee rights arising from the sale of consumer goods.
Guarantee rights:
With effect from June 1, 2006, ZF Electronics GmbH (“ZF Electronics”) grants the purchaser of this Cherry product (“Product”)
a Restricted Manufacturer’s Guarantee (“Guarantee”) provided that this Product is bought and used by the purchaser in his capacity as a
consumer. Commercial users of this Product or purchasers acting in their capacity as entrepreneurs are excluded from the Guarantee as set out
below. The granting of a guarantee and its contents for these purchasers can be agreed with ZF Electronics individually at the contact address
given in the instructions for use.
The Guarantee is not transferable and is limited to the original purchaser.
This Guarantee applies only to Products bought in a member state of the European Union, Iceland, Norway, Switzerland or Turkey and which
were intended for sale in one of these countries; it is valid and enforceable in these countries only.
Guarantee period:
The Guarantee period begins on the date on which the Product is purchased by an end customer (date of original proof of
purchase) and runs for three (3) years, or ninety (90) days for all media on which software for this Product is provided.
Claiming under the Guarantee:
If you wish to make a claim under this Guarantee, you must, within thirty (30) days of the occurrence of a
defect, submit the following to an authorized ZF Electronics customer service office: the Product and the original proof of purchase. This must
show the name and address of the authorized ZF Electronics salesperson and the date and place of purchase as well as the unique product
designation.
Responsibility for loss or damage to the Product is not transferred to ZF Electronics until the product has reached ZF Electronics.
Guarantee benefits:
Defects in the material, construction or processing of the hardware will be remedied within the Guarantee period by
ZF Electronics or by an authorized ZF Electronics customer service office free of charge within a commercially acceptable period by repair to the
extent necessary to restore operation, or, should ZF Electronics at its own discretion consider it necessary, by replacing the Product or parts of it.
If neither of these two possibilities is feasible, ZF Electronics will reimburse the customer the purchase price paid. Replacement products may
also be products which were state-of-the-art at the time of the purchase of the Product to be replaced. ZF Electronics may use new, refurbished
or as-new products or parts for the repair and replacement of the Product. As far as legally possible, ZF Electronics may choose between the
possibilities mentioned above at its own discretion.
Replaced parts or Products are guaranteed either until the end of the original Guarantee period for the original Product or for three (3) months
from the exchange of the parts or Products, whichever Guarantee period is longer.
Exchanged or returned parts or pieces of equipment become the property of ZF Electronics.
Defects in parts subject to wear and tear, which by their nature have only a limited service life (e.g. batteries or fuses), are not covered by the
Guarantee. Products from third parties supplied together with the Product under Guarantee are not covered by the Guarantee from
ZF Electronics.
Furthermore, the Guarantee does not cover normal wear and tear. Additionally, the Guarantee from ZF Electronics does not apply if the defect is
the result of disregard of the instructions for use, improper or rough treatment or attempts at modification, e.g. using sharp objects, bending,
pressure or dropping, of unauthorized interference or attempts at connection, unauthorized opening or repair or attempted repair with non-
approved spare parts, incorrect operation or faulty installation. Nor does the Guarantee cover cases where the Product has been exposed to
moisture, damp, extreme heat or extreme climatic conditions or short fluctuations of these influences, corrosion or oxidation, where food or liquids
have been spilled over it or it has been attacked by chemical substances.
Limitation of liability:
ZF Electronics liability is limited to the original purchase price of the Product.
to the legally permitted extent, ZF Electronics also precludes liability for any accompanying or resulting damage, indirect or other damage and the
shortfall or loss of income or profit, the loss of information or data or other financial damage incurred in connection with the purchase, installation,
maintenance or use of the product, in particular higher costs or expenditure on indirect losses or damage, even if ZF Electronics has been
informed of the possibility of such damage.
The limitation and preclusion of liability shall apply even if a remedy provided under the Guarantee has not fulfilled its purpose.
ZF Electronics is under no circumstances responsible for the customer’s software, information or data stored on or integrated into the Product
returned to ZF Electronics.
The limitations of liability detailed above do not apply in cases of intent or gross negligence on the part of ZF Electronics or in the case of death or
injury to persons.
No guarantee on operator software:
This Product may contain software from third-party providers whose use is regulated through a separate
licence contract, or it may be connected to software of this kind. The Guarantee granted by ZF Electronics does not cover such third-party
software, regardless of whether it is contained in the product or has been downloaded on to the product and regardless of whether it was added
during installation, assembly, transport or at any other time in the delivery chain or was received by the purchaser in another way. Information
concerning the guarantee applicable in this case may be obtained from the licence contract with the end user, which regulates the use of software
of this type.
Further information:
This Guarantee contains the sole and exclusive legal remedy of the purchaser towards ZF Electronics and ZF Electronics
sole and exclusive liability for defects in the product. This Guarantee replaces all other guarantees and declarations of liability where these were
made in verbal, written or implied form or are based on (non-mandatory) applicable statutory or contractual provisions. It also replaces implied
guarantees of the marketable quality of the Product or its suitability for a particular purpose.
No ZF Electronics distributor, sales agent or employee is authorized to grant amendments, extensions or supplements to this Guarantee.
Information on the conditions of the Guarantee, authorized customer service offices and any up-dates may be obtained from the CHERRY Web
site at:
www.cherry.de/guarantee
.
