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ECC_OPTO_manual.docx / 29.05.2013
9. Warranty
For a period of one year from the date of shipment, EL-Cell GmbH (hereinafter
Seller) warrants the goods to be free from defect in material and workmanship to the
original purchaser. During the warranty period, Seller agrees to repair or replace
defective and/or nonconforming goods or parts without charge for material or labour,
or, at the Seller’s option, demand return of the goods and tender repayment of the
price. Buyer’s exclusive remedy is repair or replacement of defective and
nonconforming goods, or, at Seller’s option, the repayment of the price.
Seller excludes and disclaims any liability for lost profits, personal injury, interruption
of service, or for consequential incidental or special damages arising out of, resulting
from, or relating in any manner to these goods.
This Limited Warranty does not cover defects, damage, or nonconformity resulting
from abuse, misuse, neglect, lack of reasonable care, modification, or the attachment
of improper devices to the goods. This Limited Warranty does not cover expendable
items. This warranty is void when repairs are performed by a non-authorized person
or service centre. At Seller’s option, repairs or replacements will be made on site or
at the factory. If repairs or replacements are to be made at the factory, Buyer shall
return the goods prepaid and bear all the risks of loss until delivered to the factory. If
Seller returns the goods, they will be delivered prepaid and Seller will bear all risks of
loss until delivery to Buyer. Buyer and Seller agree that this Limited Warranty shall be
governed by and construed in accordance with the laws of Germany.
The warranties contained in this agreement are in lieu of all other warranties
expressed or implied, including the warranties of merchantability and fitness for a
particular purpose.
This Limited Warranty supersedes all prior proposals or representations oral or
written and constitutes the entire understanding regarding the warranties made by
Seller to Buyer. This Limited Warranty may not be expanded or modified except in
writing signed by the parties hereto.