permissible by law, and even if the remedies set forth below herein are deemed to have failed of
their essential purpose.
6) RIGHTS AND REMEDIES AGAINST THIRD PARTIES
This Limited Warranty shall be construed as a separate warranty and independent from any other
contractual arrangement with third parties relating to the Product(s). It shall not affect any rights,
obligations and remedies of the Buyer, if any, with regard to third parties for defects or non-conformity or
non-compliance of the Products, notwithstanding its legal basis. The rights and remedies provided
hereunder are in addition to any other rights and remedies against third parties to which Buyer may be
entitled by agreements with such third parties or by law.
7) CLAIMS PROCEDURE, NOTICE PERIODS, EXPIRATION OF WARRANTY CLAIMS AND LIMITATIONS.
a)
Buyer shall notify Peimar under this Limited Warranty using Peimar’s Customer Service Portal at
the web address http://www.peimar.com/en/contact/; alternatively by letter or fax to:
Europe and other locations
Customer Support
Peimar Srl
Via Creta 72
25124 Brescia - Italy
T +39 030223292
F +39 0307772102
[email protected]
North, Central and South America
Customer Support
Peimar Inc
309 Fellowship Rd,
East Gate Center, Suite 115
Mt Laurel, NJ 08054
T +1 8566424035
[email protected]
specifying each alleged claim including evidence of the claims and the serial numbers of the
Product(s) at issue.
b)
Any dispute on technical facts relating to claims brought under this Limited Warranty for defects
of Products shall be determined by expert determination. Peimar and the Buyer will, at the
Buyer’s cost, appoint as inde
pendent expert and appraiser a researcher from TÜV
or from
another accredited organization
(“Technical Expert”). The determination by such Technical
Expert shall be final, conclusive, binding and enforceable in any proceeding brought hereunder.
The Technical Expert shall (i) act as an expert; (ii) allow the parties a reasonable opportunity to
make representations and counter-representations; (iii) take those representations and counter-
representations into account; and (iv) if required by either party give written reasons for his or
her determination.
c)
Any claim for breach of this Limited Warranty must be brought within two (2) months after
discovery of the breach.
d)
The return of any defective Product(s) will not be accepted unless prior written authorization
has been given by Peimar .
