39
11 Guarantee
Horticultural machinery and special
machinery
We will accept liability for faults in the supplied goods and for
any failure to provide features for the existence of which an
express assurance had been given. In such a case we
undertake
– to the exclusion of all further claims – to improve or
re-supply (at our discretion) free of charge any parts which have
revealed themselves to be unserviceable or subject to a not
inconsiderable impairment in serviceability due to faults in their
material, manufacturing process or design within twelve months
(or within six months for multi-shift operation) of their arrival on
the customer's premises. For parts which we do not
manufacture ourselves (e.g. motors), we can only accept
liability for the same scope and length of time which the
subcontractor has accorded to us.
Any replaced parts shall become our own property. No warranty
claims can be accepted if the fault occurs as a result of the
customer having mistreated or neglected the products delivered
by us, made modifications or undertaken repairs incorrectly or
without our prior approval, or had third parties undertake such
work.
The customer's entitlement to assert claims due to faults shall in
all cases lapse six months following a complaint made within
the required time period, however no sooner than the end of the
compulsory warranty period. We are not responsible for
correcting faults unless the customer has fulfilled its obligations
due to us up to the point when the fault became apparent.
