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Section 6
Warranty and liability
The manufacturer warrants that the product supplied is free of material and
manufacturing defects and undertakes the obligation to repair or replace any
defective parts at zero cost.
The warranty period for instruments is 24 months. If a service contract is taken out
within 6 months of purchase, the warranty period is extended to 60 months.
With the exclusion of the further claims, the supplier is liable for defects including the
lack of assured properties as follows: all those parts that, within the warranty period
calculated from the day of the transfer of risk, can be demonstrated to have become
unusable or that can only be used with significant limitations due to a situation present
prior to the transfer of risk, in particular due to incorrect design, poor materials or
inadequate finish will be improved or replaced, at the supplier's discretion. The
identification of such defects must be notified to the supplier in writing without delay,
however at the latest 7 days after the identification of the fault. If the customer fails to
notify the supplier, the product is considered approved despite the defect. Further
liability for any direct or indirect damages is not accepted.
If instrument-specific maintenance and servicing work defined by the supplier is to be
performed within the warranty period by the customer (maintenance) or by the
supplier (servicing) and these requirements are not met, claims for damages due to
the failure to comply with the requirements are rendered void.
Any further claims, in particular claims for consequential damages cannot be made.
Consumables and damage caused by improper handling, poor installation or
incorrect use are excluded from this clause.
The manufacturer process instruments are of proven reliability in many applications
and are therefore often used in automatic control loops to provide the most
economical possible operation of the related process.
To avoid or limit consequential damage, it is therefore recommended to design the
control loop such that a malfunction in an instrument results in an automatic change
over to the backup control system; this is the safest operating state for the
environment and the process.
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