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R
oyal
E
xclusiv
p
umps
&
skimmers
Vorgebirgsstr. 28 // 50389 Wesseling // Germany
Fon +49(0)2236/88055-0 // Fax +49(0)2236/88055-20
[email protected] // www.royal-exclusiv.de
Since 1986
11
8. Defects and claims for compensation,
disclaimer
8. Defects and claims for compensation
8.1.
Barring any further claims we are only liable that the
supplied goods are free of defects until the initial transfer of
perils. Insignificant variations of the contracted appearance
and workmanship or marginal limitation of the usability or
suitability of the product are unremarkable.
The warranted condition, endurance and usability the prod-
uct is solely subject to the specification agreed in writing,
in the product specification and / or in this manual. Further
oral agreements, especially from preliminary talks, adver-
tising and / or in related industrial standards will are only
valid as integral part of a written contract. Only conditions
and specifications assured specifically by us are valid. We
do not accept conditions or specifications made by third
parties. Specifically the specification assured in this manual
are valid. If the customer wants to use the product for other
than the intended purpose, he is obliged to thoroughly the
suitability of the product for the other purposes. We give no
warranty and no liability accrues for any applications that
are not agreed on by us explicitly and in written form.
Any manipulation of the pump, the (needle wheel) impeller
or the electronic as well as any attempt to modify the soft-
ware, to influence the software or to read out or re-engineer
the software of the driver unit immediately causes a loss of
warranty and all claims and rights expire.
Every user is held responsible for the appropriate usage
of his
Bubble King
®
DeLuxe
skimmer. The user manual
does not discharge you from your liability for a safe, appro-
priate and secure application, installation, operation and
maintenance.
By using this manual you agree that in no circumstances
the manufacturer can or will be held liable for any personal
injuries or property damages which possibly occur due to
the usage of the device. This applies specifically for any
damages that are due to inappropriate piping or plumbing.
Insufficient or missing cleaning- or maintenance intervals
and damages that might result due to these are not cov-
ered by warranty. This applies especially for calcinations
(salt water usage) and accumulated foreign particles (pond
usage) such as sand or gravel, which lead to damages on
rotors, bearings, rotor housing or motor housing, that are
not covered by warranty.
8.2.
Our warranty for defects is strictly limited to supple-
mentary performance. This is upon our choice either re-
moval of defects or replacement delivery free from defects.
In the case of challenge, impossibility or failure of the sup-
plementary performance the customer has the right for im-
pairment or the right to withdraw from the contract.
Additional expenses which arise because the customer has
brought the sales item to another place than his subsidiary.
The manufacturer explicitly limits the warranty to the pump
itself. We are not reliable for consequential damages, or
damages that are caused by a malfunction or failure of the
skimmer, such as a loss of animals. It is in the responsibility
of the customer to provide back-up devices for the case of
a potential malfunction or failure of the pump.
8.3.
The customer has to check the goods immediately
thoroughly, also for product safety. Apparent damages
have to be reported in written form immediately. Hidden
damages have to be reported immediately after their dis-
covery. The customer is liable to report transport damages
within 24 hours to the carrier and/or the delivery service.
Disregarding the rules for checking and reporting results in
a loss of warranty.
8.4.
Furthermore we are not liable for the consequences
of inappropriate application, usage, maintenance and han-
dling of the product by the customer or his subsidiaries,
neither for normal abrasion. This applies specifically to the
consequences of thermal, chemical, electrochemical or
electrical influences as well as for infringements against
our uses- and maintenance manuals. The same applies to
damages which are the result of changes or adjustments
by the customer which have not been approved by us in
beforehand.
8.5.
Our liability for wanton negligence is limited to claims
of injury of life, body and health, to claims based upon the
law on product liability and to claims from culpable funda-
mental breach of the contract which peril contractual obli-
gations. For the rest our liabilities for wantonly negligent
breach of contractual obligations, which are foreseeable at
the time of the conclusion of the contract, are barred.
Damages, which are unambiguously attributed to inappro-
priate usage of the product, are in general to be accounted
for by the customer. In the case of returns of the product
the customer has to use break-proof packaging for the
product. The customer is liable for any damages that can
be accounted to an inappropriate packaging.