21.11.2001
Retsch GmbH
36
Doc. No E98.014-016.9999 A
Warranty Conditions
1.
If legitimate claims are made we shall remedy the defect or replace the goods free of charge.
The purchaser shall only have a right to rescind the contract or reduce the purchase price if we
have decided that it is not possible to remedy the defect and a replacement delivery cannot be
made or the time limit therefore cannot be complied with or if a reasonable additional time limit
of six weeks granted by the customer has not been complied with due to our fault.
If the remedy or replacement delivery in fact fails the customer shall have the right to reduce
the price or rescind the contract at his discretion. Further claims, in particular for damages in
relation to damage not caused to the goods themselves, such as lost production, are excluded
in so far as we have not acted wilfully or negligently. For goods produced by third parties we
pass on the liability of the manufacturer.
2.
We shall bear the costs directly incurred through the remedying of defects or the replacement
delivery on the condition that claim is found to be legitimite. This also applies to the freight
costs as well as the reasonable costs of removal and installation. The customer, however,
undertakes to bear the reasonable costs of providing his own technicians and assistants on site.
If our customer carries on business overseas, however, we shall be entitled to pay the costs, in
particular costs of transport, tolls, wages and materials, ex German border.
3.
The warranty term for newly manufactured goods is two years, for used it is one year.
The guarantee refers to deployment in a laboratory in 1-shift operation. In case of multi-shift
operation or other areas of application, the guarantee term is shortened accordingly.
No warranty is given for parts subject to wear and tear.
4.
We warrant that our goods are free from manufacturing defects. The suitability, classification
and function of our goods are determined exclusively on the basis of the performance
descriptions contained in the order confimation even if these differ from the order. In the latter
event the customer may, within two weeks after receipt of the order confirmation, draw any
possible difference from the order to our attention and come to an agreement on these with us.
If the customer does not object to the specifications in the order confirmation then these shall
be deemed to have been accepted.
Unless an agreement to the contrary has been reached, we shall not be held liable for the
suitability of the goods delivered for the use to which the customer intends to put them. The
same applies to performance figures expected by the customer unless we have been able to
carry out appropriate preliminary practical experiments and have, in our order confirmation,
declared in writing that these performance figures shall be binding.
5. Our warranty shall also become invalid if persons other than those employed by us carry out
repairs or in any other way interfere with or make alterations to the goods delivered by us or do
not use suitable parts to the extent that the defect is causally connected thereto. In addition , it
is a condition of our warranty that our directions for use and operation be followed.
6.
If, without a release having first been obtained from us, the goods are installed in and /or
connected to, attached to or incorporated in other systems or production plants then our
guarantee is limited exclusively to the parts delivered by us.
7.
The remedying of defects or replacement of defective parts shall, at our discretion, be carried
out on site or at the seat of our company. If the repair is carried out on site, the customer shall
ensure that our employee has access, unlimited in either time or space, to the purchased item.
In addition, the customer may only demand that work necessary in order to fulfil warranty
obligations be carried out during the normal local business hours. If such work is carried out
outside our normal business hours on request, the customer shall bear the additional costs. If
he wishes to have other particular work performed which goes beyond the work warranted then
these costs shall be payable at the actual valid price.
