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WACOM shall only be liable for itself and its vicarious agents if a material contractual obligation
has been culpably breached in a manner jeopardising the purpose of the contract or the
damage is due to intentional acts or omissions or gross negligence. A material contractual
obligation is an obligation which is essential to the proper performance of the contract on which
the other party will typically rely. In case that the culpable infringement of such a material
contractual obligation is not due to intention or gross negligence, the liability of a party shall be
limited to such damages being typical for the contract and which were reasonably foreseeable
at the time of the closure of the contract. Where these Terms and Conditions preclude or limit
liability, this also applies to the personal liability of the executive officers of the party concerned,
its employees, agents and subcontractors. The provisions of the product liability law
(Produkthaftungsgesetz) remain unaffected.
If, when a claim made under this warranty is checked, it emerges that it is outside the permitted
time period or is not covered by the warranty or that the product is not defective, the customer
will reimburse WACOM for associated costs.
This limited warranty shall apply if the registered office of the vendor is situated in the EU or
Iceland, Norway, Jersey, Switzerland, Russia, the Ukraine, Croatia, Serbia, Tunisia, Turkey,
Syria, Lebanon, Jordan, Israel, Egypt, the United Arab Emirates, Iran or South Africa.
This warranty is subject to German law. However, the applicability of the United Nations
Convention on Contracts for the International Sale of Goods is explicitly excluded. The city of
Krefeld, Germany, is the sole place of jurisdiction for all claims arising from this contractual
relationship and all disputes between the parties resulting from the formation, handling or
termination of the contractual relationship, provided that the customer is a trader, a legal entity
or fund under public law. The jurisdiction agreement shall also apply for customers who do not
have a general place of jurisdiction in Germany. The jurisdiction agreement shall not apply if,
due to legal provisions, a different sole place of jurisdiction must be established for the case.
Furthermore, WACOM is authorised to file a lawsuit against the headquarters of the customer.
Should one of the provisions of this limited warranty be or become void, the validity of the other
provisions shall not be affected, in full or in part. Should a provision be invalid, the legally
permissible regulation most closely resembling the invalid regulation shall apply in its place. If
you have any questions about this agreement, or would like to contact WACOM for another
reason, please write to us at this address:
WACOM Europe GmbH
Europark Fichtenhain A9
47807 Krefeld
GERMANY
© 2011 Wacom Co., Ltd. All rights reserved
