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10 REPS & WARRANTIES
To the extent applicable, the manufacturer OKM warrants that the Goods shall be free from
material defects in workmanship and materials, so long as such Goods are used in conformance
with their intended use and in strict compliance with the instructions of OKM, for a period of
•
TWO (2) YEARS for new devices and demonstration devices,
•
TWELVE (12) MONTHS for used devices,
•
SIX (6) MONTHS for internal batteries, Power Packs, chargers, and travel adapters,
the period shall start with the invoice date of said Goods to the Customer.
10.1 ACKNOWLEDGEMENTS, REPRESENTATIONS, AND WARRANTIES
THE WARRANTY SET FORTH IN THIS SECTION IS MADE IN LIEU OF ALL OTHER WARRAN-
TIES (WHETHER EXPRESS OR IMPLIED), RIGHTS OR CONDITIONS, AND CUSTOMER AC-
KNOWLEDGES THAT EXCEPT FOR SUCH LIMITED WARRANTY, THE PRODUCTS ARE PRO-
VIDED “AS IS.” COMPANY SPECIFICALLY DISCLAIMS, WITHOUT LIMITATION, ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, AND THOSE WARRANTIES ARISING FROM A COURSE OF
PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE.
The Customer represents and warrants, by entering into the Agreement and accepting the Ser-
vices and/or Goods from OKM, that the Customer’s execution, delivery, and performance of the
Agreement has been duly authorized by all appropriate corporate action on the part of Cus-
tomer, and the Agreement constitutes a valid and binding obligation of Customer enforceable
against it in accordance with its terms.
The Customer agrees that he/she inspects the delivered Goods immediately upon receipt. If the
Customer finds defects and/or experience technical problems, he/she agrees to contect the lo-
cal dealer first (listed at
). If the Customer cannot resolve the
problem with the local dealer, the Customer will contact the manufacturer OKM:
OKM GmbH
Julius-Zinkeisen-Str. 7
04600 Altenburg
Germany
Web: www.okmdetectors.com
Email: info
@
okmdetectors.com
Phone:
+49 3447 499 3000
WhatsApp/SMS: +49 162 419 2147
Facebook: okmmetaldetectors
Instagram: okmdetectors
YouTube: okmdetectors
Defects must be claimed immediately in writing (at the latest 7 days after receipt) by using the
OKM RMA Form provided at
and including the original proof of
purchase (e.g. invoice).
Goods which are subject to complaints must be provided to the local dealer and/or to the manu-
facturer OKM for inspection. The Customer agrees to not send the Goods back without prior
consultation. The Customer must contact the local dealer and/or the manufacturer before re-
turning the Goods.
Shipping costs (including fees, insurance etc.) to the local dealer and/or manufacturer are not
covered by the dealer or manufacturer and are the responsibility of the customer.
10.2 INDEMNIFICATION
Filing a warranty claim does not automatically imply a refund. If a functional or material defect
occurs and is claimed within the warranty period, the manufacturer OKM has the right to rectify
the defect and provides the following warranty services at its own expense:
•
rectification and repair of the defective device or component(s)
or
•
replacement of the defective component(s)
or
•
replacement with a new device.
After rectification or replacement, the return of the Goods from the manufacturer OKM to the
Customer or assigned local dealer is covered by OKM and includes shipping insurance.
In cases in which the error cannot be eliminated, attempts at elimination are unreasonable or
the elimination of the error has failed completely, the Customer may choose to
•
request a reduction of the purchase price
or
•
withdraw from the contract and get the purchase price refunded.
For defects asserted within the warranty period but not eliminated, warranty is given until the
defect is eliminated.
In the case of delivery of a new device, a new warranty period starts.
In the case of a warranty repair, the original warranty period and starting date applies to the
Goods. A new warranty period applies only to the part replaced where such a replacement oc-
curred.
10.3 LIMITATION OF LIABILITY
The Customer acknowledges that excluded from warranty are:
•
poor performance due to improper use,
•
signs of wear and tear,
•
theft and/or loss of the device,
as well as defects and damages caused by:
•
improper use and/or poor maintenance,
•
defects created due to hitting and/or dropping the device,
•
unauthorized alterations, repairs and/or modifications,
•
abuse, misuse, deliberate destruction, accident,
•
unusual physical and/or electric stress,
•
exposure to moisture, water, extreme temperatures and/or fire,
•
improper handling, transportation and/or storage,
•
opening of any technical component and/or accessory.
If the device is defective but it is not a warranty case, refer to
. If there is no warranty case, the costs for returning the device to the
Customer are not covered are not covered by the dealer or manufacturer.
OKM SHALL NOT BE LIABLE FOR AND DISCLAIMS ANY AND ALL LOST PROFITS AND ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, WHETH-
ER ARISING OUT OF THE SERVICES, THE GOODS, OR THE PERFORMANCE BY OKM UNDER
THE AGREEMENT. IN THE EVENT OF TERMINATION FOR ANY REASON, OKM SHALL NOT
BE LIABLE TO CUSTOMER FOR COMPENSATION, INDEMNIFICATION, REIMBURSEMENT
OR DAMAGES ON ACCOUNT OF ANY LOSS OF PROSPECTIVE PROFITS OR ANTICIPATED
SALES OR ON ACCOUNT OF EXPENDITURES, INVESTMENTS, LEASES OR COMMITMENTS
MADE IN CONNECTION WITH THE AGREEMENT OR THE ANTICIPATION OF EXTENDED PER-
FORMANCE THEREUNDER. NOTWITHSTANDING THE FOREGOING, CUSTOMER’S EXCLU-
SIVE REMEDY AGAINST OKM, AND OKM’S SOLE OBLIGATION, FOR ANY AND ALL CLAIMS,
WHETHER FOR BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE, SHALL BE LIMITED TO EITHER REPAIR OR REPLACEMENT OF THE NONCON-
FORMING GOODS OR REFUNDING THE AMOUNTS PAID BY CUSTOMER TO OKM DIRECTLY
ATTRIBUTABLE TO NON-CONFORMING GOODS OR SERVICES. IN NO EVENT SHALL OKM
HAVE ANY LIABILITY FOR DELAYS IN SHIPMENTS, SPECIAL, INCIDENTAL OR CONSEQUEN-
TIAL DAMAGES, REGARDLESS OF WHETHER SUCH CLAIM IS BROUGHT IN TORT, BREACH
OF CONTRACT, BREACH OF WARRANTY OR OTHER THEORY OF LAW OR EQUITY.
10.4 SERVICE & SUPPORT
Support during and after the warranty period is provided in all countries where the product is
officially distributed by OKM. Refer to
6.4 Maintenance and Repair by OKM on page 47
and
contact your local dealer and/or the manufacturer OKM for further information.
WARRANTIES
