SPINOGY Xcontrol-E, Руководство по эксплуатации

Страница: 29 / 31

29
10 WARRANTY
10 Warranty
SPINOGY warrants the product against material defects excluding further claims, considering the following
points:
01. The warranty period from the date of delivery is 24 months in accordance with statutory provisions.
02. In case of justified complaints of the goods, recognized by SPINOGY, which had their cause probably before
the passage of risk of the goods - this concerns in particular the detective function, defects of the external
condition or the delivery of a wrong product - According to the German Civil Code (called "BGB" =
"Bürgerliches Gesetzbuch") Paragraph § 439 (passage 1) the ordering party may choose between two
options: There is the option to have the defect repaired free of charge by SPINOGY and there is the other
option to have it replaced by a defect-free product. The determination of above-mentioned defects at the
products must be announced immediately to SPINOGY by documenting it in a written or graphic form. The
claim of the guarantee presupposes that SPINOGY receives the possibility for the examination of the
guarantee case, even if this requires to send in the product.
03. The claim for rectification of defects is not applicable if SPINOGY is entitled to refuse the rectification of
defects due to legal regulations. This applies in particular in the case that the subsequent improvement is
accompanied by disproportionately high costs. In this case, according to German Civil Code (called "BGB" =
Bürgerliches Gesetzbuch") Paragraph § 439 (passage 4), the purchaser's right to subsequent performance is
limited to the other option.
04. If more than 6 months have passed since the purchase of the product, the obligation to provide proof, is with
the customer. The customer has to prove that the defect already existed before delivery. This applies in
particular to defects that are not immediately apparent.
05. Any parts or products replaced under warranty shall become the property of SPINOGY, unless SPINOGY
expressly waives such right.
06. For all necessary rework and replacement deliveries, the buyer has to set an appropriate period after
consulting SPINOGY. If this is not the case, SPINOGY is released from the liability of resulting consequences.
07. If the warranty claim turns out to be legally valid, the costs arising from a rectification or replacement delivery
plus the shipping costs are to be paid by SPINOGY. If the customer initiates the inspection of a product
delivered by SPINOGY, and it turns out that there is no warranty case, that means, there are no defects to be
complained about, or these are based on reasons SPINOGY is not responsible for, a cost lump sum will be
charged according to the service and additional services of SPINOGY.
08. No warranty is given by SPINOGY in the following cases:
• Improper use
• Incorrect assembly or disassembly by the purchaser or third parties
• Incorrect com missioning or decommissioning by the purchaser or third parties
• Unauthorized modifications of the product
• Usual wear and tear (e.g. sp indle bearings)
• Improper maintenance
• Incorrect or careless handling
• Incorrect storage
• Disregard of the operating instructions
• Defects the purchaser already knew at the time of the purchase
• Force majeure
• Unsuitable operating site
• Chemical, e lectrochemical or electrical influences
09. The ordering party shall be entitled to withdraw from the agreement under the legal provisions if SPINOGY -
subject to legally specified exceptions - misses a reasonable deadline set for the improvement or delivery of
a replacement product. If there is an insignificant defect, the purchaser shall only be entitled to a reduction of
the contract price.
10. In case of self-remedy of defects by the purchaser or third parties, SPINOGY is not liable for the resulting
consequences. The same applies to changes made, which SPINOGY has not agreed to.
11. SPINOGY reserves the right to make technical changes to the product (e.g. constructive) without prior
notification.
12. SPINOGY reserves the right to update the product to the latest state of the art by carrying out repairs.