26 Appendix
devolo dLAN 650
3
Warranty procedure
a)
If defects appear during the warranty period, the warranty
claims must be made immediately, at the latest within a period
of 7 days.
b)
In the case of any externally visible damage arising from trans-
port (e.g. damage to the housing), the person carrying out the
transportation and the sender should be informed immedi-
ately. On discovery of damage which is not externally visible,
the transport company and the sender are to be immediately
informed in writing, at the latest within 3 days of delivery.
c)
Transport to and from the location where the warranty claim is
accepted and/or the repaired device is exchanged, is at the
purchaser's own risk and cost.
d)
Warranty claims are only valid if a copy of the original pur-
chase receipt is returned with the device. devolo reserves the
right to require the submission of the original purchase receipt.
4
Suspension of the warranty
All warranty claims will be deemed invalid
a)
if the label with the serial number has been removed from the
device,
b)
if the device is damaged or destroyed as a result of acts of
nature or by environmental influences (moisture, electric
shock, dust, etc.),
c)
if the device was stored or operated under conditions not in
compliance with the technical specifications,
d)
if the damage occurred due to incorrect handling, especially to
non-observance of the system description and the operating
instructions,
e)
if the device was opened, repaired or modified by persons not
contracted by devolo,
f)
if the device shows any kind of mechanical damage, or
g)
if the warranty claim has not been reported in accordance with
3a) or 3b).
5
Operating mistakes
If it becomes apparent that the reported malfunction of the device
has been caused by unsuitable hardware, software, installation or
operation, devolo reserves the right to charge the purchaser for the
resulting testing costs.
6
Additional regulations
The above conditions define the complete scope of devolo's legal
liability.
a)
The warranty gives no entitlement to additional claims, such as
any refund in full or in part. Compensation claims, regardless
of the legal basis, are excluded. This does not apply if e.g.
injury to persons or damage to private property are specifically
covered by the product liability law, or in cases of intentional
act or culpable negligence.
b)
Claims for compensation of lost profits, indirect or consequen-
tial detriments, are excluded.
c)
devolo is not liable for lost data or retrieval of lost data in
cases of slight and ordinary negligence.
d)
In the case that the intentional or culpable negligence of
devolo employees has caused a loss of data, devolo will be lia-
ble for those costs typical to the recovery of data where peri-
odic security data back-ups have been made.
e)
The warranty is valid only for the first purchaser and is not
transferable.
f)
The court of jurisdiction is located in Aachen, Germany in the
case that the purchaser is a merchant. If the purchaser does
not have a court of jurisdiction in the Federal Republic of Ger-
many or if he moves his domicile out of Germany after conclu-
sion of the contract, devolo's court of jurisdiction applies. This
is also applicable if the purchaser's domicile is not known at
the time of institution of proceedings.
g)
The law of the Federal Republic of Germany is applicable. The
UN commercial law does not apply to dealings between devolo
and the purchaser.
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