13. WARRANT Y, LIABILIT Y, REPAIR SERVICE
31
30
Manufacturer’s Representations
and Warranties
These representations and warranties
are applicable to all end-customers
(the “Customers” and each, individu-
ally, a “Customer”) purchasing prod-
ucts (the “Products”) sold by Storz
& Bickel GmbH & Co. KG or Storz &
Bickel America Inc. (the “Company”).
Warranty and Limitations
Company warrants solely to the origi-
nal purchaser of the Products that
for the warranty period (as defined
below), the Products will be free from
defects in materials and workmanship
under normal use, and will conform to
Company’s published specifications
of the Products. Notwithstanding the
foregoing, Company retains its right to
deviate from its published specifica-
tions due to the latest innovations and
improvements in function and design
of the Products. The foregoing war-
ranty is subject to the proper storage,
transportation and use of the Prod-
ucts, and does not include defects
due to normal wear and tear or dete-
rioration, including, but not limited to,
defects in Screens and similar parts
subject to wear and tear.
Upon delivery, Customer shall imme-
diately inspect the Products for con-
formity and visible defects. Customer
shall give Company immediate written
notice of any non-conformities or vis-
ible defects regarding the Products
and contact Company in writing con-
cerning return or repair, as the case
may be.
Warranty
Customer shall notify Company in
writing of any defects of the Products.
Company’s sole obligation under the
foregoing warranty is, at Company’s
option, to repair or correct any such
covered defect or to replace or ex-
change the Product, provided Cus-
tomer has returned the Products
with a copy of the original invoice to
the Company or one of its author-
ized repair shops at his own cost.
Any repaired, corrected, replaced or
exchanged Products shall be subject
to the warranty set forth in section
“Warranty and limitations”
, follow-
ing their repair, correction, replace-
ment or exchange. If Company has
received notification from Customer,
and no defects of the Product could
be discovered, Customer shall bear
the costs that Company incurred as a
result of the notice.
The warranty period for the
PLENTY
Hot Air Generator begins on the date
when the Product is physically deliv-
ered to the Customer’s site, and is val-
id for thirty-six (36) months thereafter.
Company does not authorize any per-
son or party to assume or create for it
any other obligation or liability in con-
nection with the Products except as
set forth herein.
All requests and notices from U.S. and
Canadian Customers under this war-
ranty shall be directed to:
Storz & Bickel America, Inc.
1078 60th Street, Suite A
Oakland, CA 94608
All requests and notices from all other
Customers under this warranty shall
be directed to:
Storz & Bickel GmbH & Co. KG
In Grubenäcker 5-9
78532 Tuttlingen, Germany
The warranty set forth in section
“Warranty and limitations”
is made
in lieu of all other warranties (whether
express or implied), rights or condi-
tions, and Customer acknowledges
that except for such limited warranty,
the Products are provided “as is.”
Company specifically disclaims, with-
out limitation, all other warranties, ex-
press or implied, of any kind, including,
without limitation, the implied warran-
ties 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.
Liability
Handling of these Products is to be as
stated in the Instructions for Use. The
user accepts full liability for improper
handling and usage of these Products.
The intended application only refers to
the plants named by us.
Repair of this Product is only to be done
by us or one of our authorized customer
services.
Only original Storz & Bickel parts are to
be used.
Failure to comply with any of the points
mentioned in these Instructions for
Use release Storz & Bickel GmbH &
Co. KG from any and all liability.
Limitation of Liability
In no event shall Company be liable
for any indirect, incidental, punitive,
special or consequential damages,
including but not limited to, damages
for loss of profits, revenue, goodwill or
use, incurred by Customer or any third
party, whether in an action in contract,
tort, strict liability, or imposed by stat-
ute, or otherwise, even if advised of the
possibility of such damages.
Company’s liability for damages aris-
ing out of or in connection with this
agreement shall in no event exceed
the purchase price of the Products. It
is agreed and acknowledged that the
provisions of this agreement allocate
the risks between Company and Cus-
tomer, that Company’s pricing reflects
13. WARRANT Y, LIABILIT Y, REPAIR SERVICE
