blue PiraT2 / 5E / 5E
User Guide
Datum: 21.09.2016
Seite 5 von 71
blue_PiraT2_UserManual_V2.4.1.doc
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PRODUCT LIABILITY
For all offers, sales and supplies the following conditions apply exclusively, even if the buyer,
orderer and suchlike prescribes other conditions. Alterations are only valid, if they are agreed in
writing.
1.
The technical documentation is part of the products. The product liability and the product guaran-
tee will be excluded, if contents and in particular the safety references and instructions of the
documentation are not considered.
2.
The products do belong to the group of test tools. By application of the equipment a disturbance
of the tested system cannot be completely excluded. For this reason, the warranty of a perfectly
functioning system cannot be taken over by the manufacturer. Application of the product takes
place at one’s own risk.
3.
The liability of the substitution of damages according to §1 product liability law is expressly ex-
cluded in the context of §9 product liability law, as far as compelling legal terms do not provide
anything else.
4.
In no event will the producer be liable for any indirect, incidental, special or consequential dam-
ages, including loss of profits, loss of revenues, loss of data, loss of use, any other economic ad-
vantage or damage caused by pretensions of third party towards the customer out of this
agreement, under any theory of liability, whether in an action in contract, strict liability, tort (includ-
ing negligence) or other legal or equitable theory.
5.
The burden of proof is with the customer.
6.
The Telemotive AG does ensure the legal warranty according to German law. Except for warran-
ties expressly set forth in this agreement, any and all
products are delivered “as is” and the pro-
ducer makes and the customer receives no additional express or implied warranties. The
producer hereby expressly disclaims any and all other warranties of any kind or nature con-
cerning the products, whether express or implied, including without limitation, any warranty of ti-
tle, merchantability, quality, accuracy
or fitness for a particular purpose or the customer’s
purpose. The producer expressly disclaims any warranties that may be implied from usage of
trade, course of dealing or course of performance. Except for the express warranties stated in
this agreement the products are provided with all faults and the entire risk of unsatisfactory quali-
ty, performance, accuracy. The possible effort is with the customer. The producer does not war-
rant that the products will operate without interruption or be error free.
7.
The Telemotive AG is justified to exchange defective goods against homogeneous acceptable
ones or to eliminate the fault within an appropriate period. In this case a demand for redhibitory
action or reduction of price expires. Warranty claims presuppose a due notice of defects.
8.
Resale, transfer, donation, exchanges or the rental of the offered products at third party is permit-
ted without clearance of the Telemotive AG.
9.
German Law is deemed to be as legal basis.
© by Telemotive AG, 2016
Subject to errors and to technical changes as part of product improvement.
