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Appendix
35
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ELSA GLADIAC 5II
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EN
f)
if in the case of an ELSA Monitor, damage to the cathode ray tube (CRT) has been caused
especially by mechanical load (e.g. from shock to the pitch mask assembly or damage to the
glass tube), by strong magnetic fields near the CRT (colored dots on the screen), or through
the permanent display of an unchanging image (phosphor burnt),
g)
if, and in as far as, the luminance of the TFT panel backlighting gradually decreases with
time, or
h)
if the warranty claim has not been reported in accordance with 3a) or 3b).
5
Operating mistakes
If it becomes apparent that the reported malfunction of the device has been caused by unsuitable
software, hardware, installation or operation, ELSA reserves the right to charge the purchaser
for the resulting testing costs.
6
Additional regulations
a)
The above conditions define the complete scope of ELSA’s legal liability.
b)
The warranty gives no entitlement to additional claims, such as any refund in full or in part.
Compensation claims, regardless of the legal basis, are excluded. This does not apply if e.g.
injury to persons or damage to private property are specifically covered by the product lia-
bility law, or in cases of intentional act or culpable negligence.
c)
Claims for compensation of lost profits, indirect or consequential detriments, are excluded.
d)
ELSA is not liable for lost data or retrieval of lost data in cases of slight and ordinary negli-
gence.
e)
In the case that the intentional or culpable negligence of ELSA employees has caused a loss
of data, ELSA will be liable for those costs typical to the recovery of data where periodic
security data back-ups have been made.
f)
The warranty is valid only for the first purchaser and is not transferable.
g)
The court of jurisdiction is located in Aachen, Germany in the case that the purchaser is a
merchant. If the purchaser does not have a court of jurisdiction in the Federal Republic of
Germany or if he moves his domicile out of Germany after conclusion of the contract, ELSA’s
court of jurisdiction applies. This is also applicable if the purchaser's domicile is not known
at the time of institution of proceedings.
h)
The law of the Federal Republic of Germany is applicable. The UN commercial law does not
apply to dealings between ELSA and the purchaser.
6.3
Warranty conditions for North America
ELSA'S SIX YEAR LIMITED WARRANTY
ELSA provides the following limited warranty to purchasers of ELSA products within the United
States, and ELSA's warranty obligations are limited to the terms set forth below:
i)
ELSA AG and ELSA Inc. (jointly “ELSA”) warrant this ELSA product and its parts (jointly
“Product”) against defects in material and workmanship for a period of THREE (3) YEARS
from the date of delivery of the Product by an ELSA dealer to the purchaser.
j)
ELSA's entire liability and Customer's exclusive remedy will be, at ELSA's sole discretion,
the repair, replacement, replacement by a successor product or refund of the original pur-
chase price of the Product not meeting ELSA's limited warranty if the Product is returned
within the warranty period with a copy of proof of purchase, such as the original purchase
receipt, to ELSA or ELSA's dealer. ELSA will not be responsible for shipping or handling
