Ochsner AQUA 54 Operating Instructions & Installation Instructions Download Page 29

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guarantees granted by us will cease to apply.
In  particular,  we  shall  not  assume  any  war-
ranty or liability for the calculations made by
the Customer with regard to the efficiency of
the contractual object provided by us or with
regard to the suitability of the contractual ob-
ject  provided  by  us  for  the  application  pur-
poses intended by the Customer, except if this
has  been  agreed  separately  and  in  writing.
Warranty for parts subject to wear and tear,
as well as operating materials such as filters,
filter  cartridges,  anodes  as  well  as  electrical
components,  circulating  pumps,  E-rod  heat-
ers, fittings and plate heat exchangers (for in-
stance due to chalking, corrosion, dry-running,
unsuitable water quality) is excluded. In case
of doubt, proof of compliance with the water
qualities in accordance with VDI 2035 must be
provided by the Customer.
With regard to tanks, proof of maintenance of
the corrosion protection anode must be pro-
vided. We furthermore would like to point out
that rust film may occur on all parts which are
exposed to the atmosphere.

The Customer shall always be obligated to
prove that the contractual object was defec-
tive at the time it was handed over; the legal
presumption in section 924 of the ABGB is ex-
pressly excluded.

With  regard  to  the  contractual  objects  sup-
plied  by  us,  we  only  warrant  that  they  have
the characteristics which are usually assumed
by  the  relevant  trade  circles  for  any  further
characteristics,  especially  those  in  public  an-
nouncements  such  as  advertising  and  in  the
specifications  supplied  with  the  contractual
products, we only give

warranty if these characteristics have been as-
sured in writing in the course of the procure-
ment.

Notwithstanding any other provisions in
these Standard Terms and Conditions of Sale
and Delivery, warranty shall expire

if the Customer, either himself or
through third parties, carries out modi-
fications or rectifications of the contrac-
tual object,

II.

if parts are used which are not original
accessories,

III.

if the contractual goods are used in an
unusual manner,

IV.

if the installation and operating instruc-
tions are not complied,

if the system data sheet is not filled in,

VI.

if the system is commissioned by per-
sons other than the Ochsner customer
service or a service partner who has
been authorised in writing,

VII.

if  supplementary  installations  are  de-
fective,  such  as  inadequate  flow  rates
or  system  bridges,  lack  of  flow  rate
monitors  in  the  heat  source  system
and/or heating system, lack of E-rod for
heat source air, external controls, man-
ual intervention in the controls, soiling
during  construction  phase,  insufficient
water quality, lack of hydraulic de-cou-
pling, incorrect valves,

VIII.

if dimensioning is incorrect or if the
heat source system is installed incor-
rectly,

IX.

if evaporators are not connected in ac-
cordance with the installation and con-
nection guidelines.

We shall only assume warranty for the func-
tioning of our products, but not for their outer
appearance. Any warranty obligation shall al-
ways relate to the defective appliance compo-
nents, but shall not include the working time
required to eliminate the defect,