The COMPANY warrants that the Products upon delivery will conform to the manufacturer’s specifications for the Products. The PURCHASER’s exclusive remedy for a breach of this warranty is limited to repair, replacement or refund at the sole option of the COMPANY. In the event of replacement, the COMPANY is not responsible for any labour charge. The above warranty is limited to twenty-four (24) months and applies only in the country where the Products were purchased. Time is calculated from the date of shipping to the PURCHASER (Ex Works (Incoterms 2010)).
In case of non-conformity with the applicable specification discover-able on a reasonable inspection of the Products, the COMPANY shall immediately and no later than thirty (30) days after nonconformity with the warranty is discovered be notified in writing. This warranty is granted on the condition that such immediate written notice of any non-conformity is given to the COMPANY and the COMPANY’s inspection reveals that the claim from the PURCHASER is valid under the terms of this warranty. In the absence of notice, as required above, the Products shall be deemed to have been delivered in accordance with the Agreement. In the event that the PURCHASER does not provide notification of the non-conformity within the thirty day period, the PURCHASER shall be deemed to have forfeited its right to make such claim.
The COMPANY’s obligations under the warranty shall not apply to:
a.) any defects resulting from inadequate or incorrect transport, storage, modification, alteration, installation or maintenance, unless the COMPANY has explicitly accepted written responsibility for this;
b) damage due to negligence, use under conditions for which the product is not designed for, use of parts or equipment not approved by the COMPANY (including keys and key cards), incorrect or unauthorized use, damage caused by fire or fire-fighting appliances and other causes of damages than normal use, or normal wear and tear; or
c) damage if maintenance has not been made by a technician approved in advance by the COMPANY in accordance with the instruction of the COMPANY.
Products supplied by the COMPANY that are found defective, shall after prior approval from the COMPANY be returned properly packed with corresponding RMA number at the PURCHASER’s own expense.
All returned components without the original dating, references and RMA number will be handled as they were without warranty. The COMPANY shall effect repair or replacement within a reasonable time. The COMPANY is not obliged to effect any repair or replacement at any particular location. The COMPANY’s obligations under the warranty is limited to repairing, replacing or refunding the non-conforming Products and does not include dismantling and re- installing non-conforming Products, transport of non-conforming Products to the COMPANY, or transport of repaired or replaced Products from the COMPANY. Replacements from the COMPANY will be shipped per CIP (Incoterms 2010). If the COMPANY has been given notice of non-conformity with the warranty and no defect is found for which the COMPANY can be held liable, the COMPANY shall be entitled to compensation for the costs and expenses the COMPANY has incurred by reason of such notice.
The COMPANY’s liability and obligations are expressly limited to what is listed here, and the COMPANY is in no case liable for loss of profit or consequential damages caused by non- conformists in the Products. In no case shall the COMPANY’s liability exceed the purchase price of any established non-conforming Products or any parts thereof.
THE WARRANTY SET FORTH ABOVE IS THE ONLY WARRANTY BY THE COMPANY WITH RESPECT TO THE PRODUCTS AND NO OTHER REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER BY LAW OR CUSTOM, WRITTEN OR ORAL, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANT ABILITY OR FITNESS FOR PURPOSE, CONDITION OR DESIGN, OR CONFORMANCE WITH SAMPLE OR PRE CONTRACT REPRESENTATIONS SHALL APPLY. THE WARRANTY APPLIES AS AMENDED FROM TIME TO TIME AS DECIDED BY THE COMPANY.