29
Subject to technical alterations
ACO Haustechnik
0 1 7 3 . 0 2 . 5 9 G
13
Excerpt from the Sales Terms and Delivery Conditions ACO Passavant GmbH
1
In order to guarantee proper operation of the anti-flood protection system, all
anti-flood protection systems should be serviced every 6 months. If no servicing
is carried out as per DIN EN 13564-1 regulations, the warranty claim expires.
For detailed information on DIN EN 13564-1 regulations, please refer to the
chapter „Inspection and Maintenance“. As maintenance works have to be carried
out by properly qualified technician twice a year, the closing of a maintenance
contract covering the complete drainage plant is strongly recommended.
14
Service partners
For more details on our service partners, please refer to:
www.aco-haustechnik.de/servicepartner
Supplier shall be liable for property damage and deficiency in title with
any further claims excluded, with the reservation of paragraph 7 and
irrespective of sections 478, 479 German Civil Code as specified
hereinafter:
1. Any and all of those parts included in the delivery, that after delivery
turn out to be unusable or not irrelevantly impaired in their serviceability,
the cause of which lies prior to passage of risk, shall be repaired or
supplied again at no cost for Purchaser. Supplier may choose between
repair and substitute delivery. Purchaser shall be entitled to reduction of
the purchase price or withdrawal from contract after the second unsuc-
cessful attempt of repair or replacement or should repair or replace-
ment be unacceptable. For the rest, Supplier shall be liable for damages
only in the scope of the following section 7. Supplier shall be informed
immediately of detected defects. Irrespective of the statutory mer-
chants' requirement of examination and requirement to give notice of
defects, written notice of evident defects shall be given to Supplier not
later than 14 days upon delivery, otherwise the warranty shall cease.
Replaced parts shall become Supplier's property.
2. Upon consultation with Supplier, Purchaser shall grant Supplier suffi-
cient time and opportunity for performing repairs and replacements con-
sidered necessary by Supplier, otherwise Supplier shall be released
from liability for consequential damages. Purchaser shall be entitled to
repair the defect himself or to having the defect repaired by any third
party and to demand reimbursement of incurred costs from Supplier
only in urgent cases of risk of improper operational safety and/or for
preventing unreasonably large damage or should Supplier be in default
with the elimination of defect. In such cases, Supplier shall be informed
immediately.
3. Repair and/or replacement costs to be borne by Supplier – as far as
the objection is justified – shall include costs for the replaced part inclu-
ding inland shipping costs as well as reasonable costs for removal and
installation, and furthermore, if reasonably demandable in the individual
case, costs for possible provision of its fitters and assistants.
4. In particular, no warranty shall be granted in the following cases:
Unsuitable or improper use, faulty assembly and/or putting into opera-
tion by Purchaser or any third party, natural wear and tear, faulty or
negligent usage, improper maintenance
1
, unsuitable operating means,
defective construction works, unsuitable construction ground, chemical,
electrochemical or electrical impacts – as far as such impacts are not
due to Supplier's intention or negligence.
5. Supplier shall not be responsible for consequences resulting from
Purchaser's or any third Party's improper repairs. This provision shall
apply also to alterations made to the object of delivery without Supp-
lier's prior consent.
6. The claims as fixed under section 6 – except of those resulting from
section 478, 479, 438 subsection 1 no. 2, 634a subsection 1 no. 2
German Civil Code – shall expire by limitation one year after delivery.
1. General
2. Price and payment
3. Time of delivery, delivery delays
4. Dispatch, transfer of risk, acceptance
5. Retention of title
6. Warranty
7. Liability of supplier for compensation
8. Excluding a redemption
9. Use of software
10. Applicable law, jurisdiction
For complete Sales Terms and Delivery Conditions of ACO Passavant
GmbH, please refer to:
www.aco-haustechnik.de/unternehmen
