18 Appendix
AV200pro
d) if the damage occurred due to incorrect handling, especially to non-observance of the sys-
tem description and the operating instructions,
e) if the device was opened, repaired or modified by persons not contracted by the manufac-
turer,
f)
if the device shows any kind of mechanical damage, or
g) if the warranty claim has not been reported in accordance with 3a) or 3b).
5
Operating mistakes
If it becomes apparent that the reported malfunction of the device has been caused by unsuitable
hardware, software, installation or operation, the manufacturer reserves the right to charge the
purchaser for the resulting testing costs.
6
Additional regulations
a) The above conditions define the complete scope of the manufacturer's legal liability.
b) The warranty gives no entitlement to additional claims, such as any refund in full or in part.
Compensation claims, regardless of the legal basis, are excluded. This does not apply if
e.g. injury to persons or damage to private property are specifically covered by the product
liability law, or in cases of intentional act or culpable negligence.
c) Claims for compensation of lost profits, indirect or consequential detriments, are excluded.
d) The manufacturer is not liable for lost data or retrieval of lost data in cases of slight and ordi-
nary negligence.
e) In the case that the intentional or culpable negligence of the manufacturer's employees has
caused a loss of data, the manufacturer will be liable for those costs typical to the recovery
of data where periodic security data back-ups have been made.
f)
The warranty is valid only for the first purchaser and is not transferable.
g) The court of jurisdiction is located in Aachen, Germany in the case that the purchaser is a
merchant. If the purchaser does not have a court of jurisdiction in the Federal Republic of
Germany or if he moves his domicile out of Germany after conclusion of the contract, the
manufacturer's court of jurisdiction applies. This is also applicable if the purchaser's domic-
ile is not known at the time of institution of proceedings.
h) The law of the Federal Republic of Germany is applicable. The UN commercial law does
not apply to dealings between the manufacturer and the purchaser.
