TAB-Austria Max Fire HD, Руководство по эксплуатации

Страница: 47 / 53

page 47
10. Exchange Equipment/Trade-In
Should used pieces of equipment be traded in by TAB for complete or partial covering of
the purchase price, then Purchaser will be obligated to inform TAB of any defects of the
pieces of equipment traded in. Purchaser guarantees that the pieces of equipment only
have such defects as expressly announced.
Should it turn out within a six-month-period that the pieces of equipment have defects not
announced to TAB, then TAB will be entitled to return such pieces of equipment and to
invoice Customer the trade-in value thereof.
11. General provisions
11.1 The laws of the Republic of Austria will be applicable to all legal relationships of the
parties; application of international agreements, in particular of the UN Convention on the
International Sale of Goods of 14 April 1980 is expressly barred.
11.2 The respective court having jurisdiction over the subject-matter in Linz, Austria, is
agreed upon as exclusive venue of jurisdiction.
11.3 The contract merchandise consists exclusively of electric or electronic equipment for
commercial purposes within the meaning of section 3 Z 9 of the Used Electric Equipment
Ordinance, Federal Gazette II, 121/2005.
The marketing partner will assume the obligation incumbent on the manufacturer under
section 10 of the Used Electric Equipment Ordinance, Federal Gazette II, 121/2005 and will
by contract grant his customers the right to return the contract merchandise to him and
hereby puts himself under an obligation to retake the contract merchandise.
If the contract merchandise is returned directly to TAB by the customers, the marketing
partner is responsible for pick-up of the contract merchandise from TAB and for legally
proper treatment of the contract merchandise. If the marketing partner fails to comply with
his obligation to retake the merchandise, then TAB must be compensated for costs and
damages connected with retaking and treatment of the contract merchandise.
11.4 The marketing partner will participate in a collection and recycling system within the
meaning of section 11 of the Packaging Ordinance, Federal Gazette 648/1996 that ensures
retaking and treatment of packaging for the contract merchandise. TAB is to be given
written certification of its legally effective participation in a collection and recycling system.
Certification will either occur by means of submission of the contractual agreements or on
the order documents.
The marketing partner must compensate TAB for all damages and costs incurred by TAB
due to the fact that the marketing partner fails to comply with his obligations assumed under