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• Products, which do not bear the article number and / or guarantee
seal anymore or which have been manipulated;
• Defects caused by other acts of the customer or a third party (in-
cluding but not limited to a distributor);
• Defects caused by force majeure (e.g. natural disasters);
• Defects caused by unsuitable components which do not work free
from defects as well as defects which are to be attributed to com-
ponents of third party manufacturers, as e.g. control devices;
• Defects of easily breakable parts as e.g. glass, plastic, or illumi-
nants;
• Impureness in natural products (e.g. marble);
• Defects because of inappropriate cleaning or treatment of natural
products included in the product.
DIRECTTECH has the right to charge the costs of the repair and/ or
the return of the product to the customer if the defect of a product
sent in to DIRECTTECH under the Terms of Guarantee is not covered
by this guarantee. The customer will be heard before any repair is
made in such case.
v. necessary proof in a guarantee case
To claim repair or replacement of a product under this DIRECTTECH-
guarantee the submission of written proof of purchase with the date
of purchase is required. Should a valid DIRECTTECH-guarantee not
be determinable in a guarantee case by DIRECTTECH, the customer
bears the burden of proof for the existence of such guarantee. Such
can only be proven by presentation of the proof of purchase.
vI. manipulation
Unauthorized modifications or manipulations of the proof of
purchase are impermissible and lead to the forfeiture of any rights
under these Terms of Guarantee.
vII. Exclusion of liability for further claims
Any further or other claims exceeding the free of charge elimination
of errors, (especially for consequential damages), are – to the extent
legally permissible – excluded.
vIII. Service fee in case the product is free of defects or in the event
of the exemption of guarantee
DIRECTTECH is entitled to charge a service fee amounting EUR 80,00
with regard to claimed warranties in the event that DIRECTTECH can
not detect any defect of the product or if the claimed warranty is
exempted due to the aforementioned provisions. This does not apply
if the customer could not determine whether the guarantee was
exempted or nor according to the circumstances.
IX. final provisions
1. All amendments, modifications and addenda to these Terms of
Guarantee have to be made in writing. This also applies to this
written form clause.
2. Applicable law is the law of Germany.
3. Place of jurisdiction is, to the extent legally permissible, Moers,
Germany.
4. If single clauses of these Terms and Conditions of Sale are invalid
of found to be invalid, the remainder of the clauses remain valid.
The parties agree that the invalid clause shall be replaced with a
valid clause reasonable for both parties which reach the economic
purpose of the invalid clause to the extent legally admissible.
Effective date: March 2016
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