E d e l s t a h l p r o d u k t e G m b H
®
heat exchangers - hot water systems - district heating stations
German Quality / TÜV approved production
01/2013 DMS/DINOX reserves the right to make changes without notice.
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02
General Terms and Conditions of Contract
Intellectual Property Rights
The intellectual property rights in our offers,
technical drawings, product information in our
products shall remain our property whatever
the case may be. Without our express con-
sent, it is not allowed to copy them in whatever
manner or to disclose them to third parties.
The orderer is only entitled to use these inter-
nally within the limits of the contract.
Material Defects and Notice of Defects
If a product that we have delivered should
show a material defect within two years from
the date of delivery, then we will, at our discre-
tion, either remove the defect or replace the
product with a faultless one, provided that the
cause of the material defect had been present
already at the time of the transition on risk.
If we choose to remove the defect (repair),
then the orderer must give us the opportunity
to remove the defect within a reasonable term,
in mutual agreement. If the supplementary per-
formace fails, then the orderer can, at his
discretion, -regardless of possible damage
claims – either withdraw from the contract,
reduce the purchase price or demand the
refund of his costs. This does not apply, if the
law demands longer respites. The orderer
must notify us in writing of any material defects
within a term of two weeks after the delivery
of the goods – in the case of hidden defects
within two weeks after their discovery; otherwi
-
se, the enforcement of the liability for material
defects shall be excluded. The orderer shall
bear the full burden of proof with regard to any
claim requirements, in particular with regard
to the defect itself, for the time of the discove-
ry of the defect and for the timeliness of the
notice of defects. If a notice of defect is given
without justification, then we shall be entitled
to demand from the orderer to compensate us
for our costs. Defect claims do not exist in the
cases of only insignificant deviations from the
agreed features, only insignificant impairment
of usability, natural wear and tear, or damages
that occur after the transition of risk due to
wrong or negligent handling, immoderate use,
inappropriate equipment, arbitrary amend-
ments, or due to external influences, which
are not in correspondence with the contract. If
the orderer or third parties make any improper
amendments or repairs, no liability claims may
be raised for these works and their conse
-
quences. Claims of the orderer with regard
to necessary expenses for the purpose of
supplementary performance, in particular
transport travel, labour and material costs,
shall be excluded, if such expenses increase
due to the fact that the subject of the deli-
very is brought to another location than the
orderer´s place of business.
As for the rest, clause 9 below shall apply for
any damage claims. Any further claims of the
orderer, or claims other than specified in this
clause 8, for material defects raised against us
our vicarious agents shall be excluded.
Additionaly purchased third party equip-
ment
The warranty for third party equipment
shall be 12 months from acceptance, and a
maximum, however, of 18 months following
delivery. The warranty for third party equip-
ment shall be restricted to DMS-DINOX war-
ranty claim vis-á-vis its own sub-supplier.
Licensed software
The warranty shall be based on the terms and
conditions of the software license agreement.
Services and individual software
The warranty for services and individual soft-
ware shall be 12 months from acceptance, and
a maximum, however, of 18 months following
delivery. The purchaser is aware that based
on current state-of-the-art technology it may
be guaranteed that software is free and clear
of errors only to the extent that the software
functions were tested in accordance with an
agreed test specification.
Warranty for deliveries abroad
The user agrees to send defective equipment
free of charge to DMS-DINOX with a descrip-
tion of the error. Repairs shall be carried out
free of charge for the user, or DMS-DINOX
shall, at its discretion, deliver substitute equip-
ment free of charge. Transport back to the
user shall be free of charge until the German
border. Should guarantee work by DMS-DIN
-
OX employees be necessary abroad, DMS-
DINOX shall assume the personnel costs and
travel costs until the German border. Any and
all additional expenses (overnight accommo-
dation costs, travel costs, expenses, etc.) shall
be borne by the purchaser.
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