Kverneland Electrical Control EC, Operation Manual

Page: 8 / 69

Spray computer FMC + EC/GZD-EC
OPERATING INSTRUCTIONS
8
6. After agreement with the seller, the customer must allow the seller sufficient time and
opportunity to implement all the repairs and spare part deliveries that the seller considers
necessary by reasonable assessment. Otherwise, the seller is freed from the warranty
obligation.
Only in urgent cases of danger to operating safety and in order to prevent disproportionately
serious damage shall the buyer be entitled to remedy the faults personally or have them
remedied by third parties and demand that the seller reimburse the necessary costs. These
cases must be notified immediately to the seller.
7. If the buyer is a businessman as defined in German commercial law, the seller shall be liable for
the direct costs of repair or replacement, to the extent that the complaint is found to be justified,
the costs of the replacement part, including dispatch, the reasonable costs of removal and
installation, and, in addition, the costs of providing assembly engineers and assistants, if such
provision can be reasonably demanded in view of the individual case. Otherwise, the costs shall
be borne by the buyer.
8. The warranty period for the replacement part and repair is three months, but this period must at
least run until the expiry of the original warranty period for the supplied item.
9. If the buyer or a third party makes incorrect changes or repairs to the delivered item without the
prior consent of the seller, the seller’s warranty obligation shall be cancelled for the resulting
consequences.
§1.3 L
IABILITY
Without prejudice to any other provisions of the present general conditions of sale and delivery and
to the provisions of the product liability law, the seller’s liability for damage caused by culpable
breech of contract and by prohibited conduct shall be limited as follows:
1. The seller shall be liable for the full extent of damage caused by deliberate or grossly negligent
conduct by the seller’s representatives or supervisory employees.
2. In the event of a breech of main or secondary contractual obligations, to the extent that the said
obligations are of particular importance to attaining the contract aims (cardinal duties), the seller
shall be liable, depending on the cause, for each culpable action of the seller or of the seller’s
legal representatives and persons employed in fulfilling the contract, provided that a liability as
specified under No. 1 above is not already incurred.
3. In addition to the duties laid down in no. 2, the seller shall be liable, depending on the cause, for
any deliberate misconduct and gross negligence of the persons employed in fulfilling the
contract, provided that a liability as specified under no. 1 above is not already incurred. No
liability beyond no. 2 above shall be accepted for the seller’s own negligence and for simple
negligence and for any simple negligence of the seller’s legal representatives and of all persons
employed in fulfilling the contract.
4. If a liability as specified under nos. 2 and 3 is incurred, the extent of the said liability shall be
limited to reparation of the typically foreseeable damage.
5. The above regulations laid down in nos. 1 to 4 shall apply accordingly for the case of liability
due to culpability on concluding the contract. Any claims for damages on these grounds shall be
limited expressly by this provision with retroactive effect.