User Contract
Appendix
Page 60
2004 by TELES AG Berlin, Version 2.0/iPBX8TRe/6.02, Issue: May 1998
9 Appendix
9.1 User Contract
The TELES.iPBX 8TR Box contains computer programs that are protected by
copyright law. Illegal use of these programs may result in civil and criminal
penalties. The accompanying user manual and the hardware supplied with the
program are also protected by copyright law. As sole owner of these products,
TELES reserves all proprietary rights of use.
Warranty / Liability
1. The Seller gives the Buyer the guarantee to remedy a defect of the
TELES.iPBX 8TR Box within 6 years after delivery or, if this is impossible,
make a substitution free of charge. This warranty is terminated if the Buyer or
any third party has modified or attempted to repair the hardware or software.
The liability of the Seller does not cover damages due to natural wear and
tear, improper handling or operating errors.
2. The Buyer shall inform the Seller in writing within 14 days of acquisition
about apparent defects and return the faulty merchandise to the Seller.
3. Software defects can be repaired only if they can be reproduced. The Seller
shall remedy only such software defects that substantially affect the promised
use.
4. If the repairs or substitutions mentioned above in section 1 are not carried out
or are impossible, the Buyer is entitled, at his option, to rescission or abate-
ment.
5. The foregoing paragraphs are the sole and exclusive provisions regarding the
warranty. They do not preclude, however, quality guarantees that protect the
Buyer against risk of consequential damages.
6. In no event shall the Seller be liable for consequential damages unless result-
ing from malicious faults or negligence. The Seller shall not be liable for
damages caused by vicarious agents. The Seller is only responsible for dam-
ages covered by the manufacturer’s liability insurance. Product liability
claims regulated by the pertinent national product liability laws remain unaf-
fected by these terms.
7. Legal venue for all obligations and liabilities arising out of this agreement
shall be the head office of the Seller.