10. Guarantee for sale and dispatch

10.1 Enterprises must indicate obvious shortcomings as well as, on examining properly, visible shortcomings within a period of one week from the point of receiving the goods on, to SD-Technologies in writing; otherwise the enforcement of the guarantee claim is excluded. The timely dispatch is enough to keep the deadline. It is the enterprise’s entire burden of proof for all eligibility requirements, especially the shortcoming itself concerning the time of the shortcoming’s discovery and for the timely notice of default. Consumers must inform SD-Technologies within a period of two months after the time of discovering the condition contrary to the contract about obvious shortcomings in written. Date of receipt of such notification at SD-Technologies is relevant in proving due course of such claim. If the consumer refrains to inform us, warranty rights expire two months after noticing the shortcoming. This does not apply to wrongful intent of the seller. The burden of proof for the time of noticing the shortcoming rests on the consumer. If the seller has been encouraged to purchase the goods by incorrect statements of the producer, he rests with the burden of proof for his purchase decision. On enforcement the purchaser is obligated to present the warranty certificate together with the invoices in order to prove warrantee or guarantee claims.

10.2 The buyer has to make sure, that important data of devices which are sent in and ought to be repaired are secured by copies since they may get lost during repair.

10.3 If the buyer is an enterprise, SD-Technologies firstly meets the guarantee by reworking or replacement, chosen by SD-Technologies. If the buyer is consumer, he has the choice if the supplementary performance should be carried out by reworking or replacement.  However, SD-Technologies has the right to reject the chosen way of supplementary performance if it is only manageable by disproportionate costs and the other way of supplementary performance is without major disadvantages for the consumer.

10.4 No new warrantee period comes into effect with the exchange of parts, assemblies or whole devices. With installations, the liability of SD-Technologies is cancelled if damages occur, which are caused by modifications incorrectly made by the customer or third parties.

10.5 If the supplementary performance is not carried out after two attempts, the customer can choose claim basically a decrease in payment (reduction) or a rescission of the sales contract (withdrawal). With only slight conformities of the contract, especially with only slight defects, the customer does not have the right to withdraw.

10.6 If the customer chooses to withdraw from the contract due to a defective title or material defect after failed supplementary performance, he cannot claim compensation because of the defect. If the customer chooses compensation after a failed supplementary performance, the goods remain with the customer if this is reasonable for him. The compensation is restricted to the difference of the purchase price and the value of the defective item. This does not apply if we have concealed the breach of contract fraudulently.

10.7 If the customer is an enterprise, he can only claim compensation claims – especially also for consequential harms due to a defect – against SD-Technologies, if the possible damage is based on a intentional or gross negligent breach of contract by SD-Technologies.

10.8 For enterprises the warranty period is one year from delivery of the goods. For consumer the limitation period is two years from delivery of the goods. This does not apply, if the customer does not have informed SD-Technologies about the shortcoming in time. (no. 1 of this term).

10.9 If the buyer is an enterprise, basically only the product description from the producer is deemed to as agreed on as the quality of the goods. Public statements, claims or advertising made by the producer do not constitute complementary contractual information on the quality of the goods.  

10.10 The customer does not receive guarantees in the legal sense by SD-Technologies. Manufacturer’s guarantees remain unaffected by this.

 

Overview