Spartherm Premium A-3RL-60h Operating Manual Download

Page: 55 / 226

7.6 THE WARR ANT Y BECOMES VOID UPON:

Installation, maintenance, repair and care of products by non-experts, damage
to the product caused by the seller, installer or third parties, damage which
can be attributed to normal wear or wilful damage - damage caused by negli-
gence shall be considered contributory negligence -, incorrect installation or
commissioning, lack of or faulty maintenance or if products were/are not used
as intended. In the event of damage due to force majeure or natural disasters,
in particular, but not limited to, flooding, fires and frost damage, use of spare
parts which were neither produced nor recommended by Spartherm.

7.7 SERVICES IN THE EVENT OF A WARR ANT Y CL AIM

Spartherm can choose to either repair the faulty product, replace the product
or reimburse the initial purchaser/dealer the purchase price, whereby prec-
edence should be given to repairs. As a rule and subject to prior approval
from Spartherm, the consumer shall allow the faulty product to be repaired
/ replaced on site by an expert. In such cases, the warranty shall cover free
delivery of the necessary parts. Should Spartherm decide in a written approval
to perform repair work etc. itself, it shall bear the costs for spare parts, instal-
lation and labour as well as any expenditure for transport and dispatch of the
product. The consumer must make the product accessible.

In the event of replacement, the old product shall be replaced free of charge
with a new product of the same kind, quality and type. If the product is no
longer produced at the time of notification of defects, Spartherm is entitled
to deliver a similar product. Transport / dispatch to and from Spartherm or
to the respective dealer, disassembly, reinstallation of the product and all
other special measures may only be performed subject to prior approval from
Spartherm. Should Spartherm approve the legitimate measure, then it shall
bear the costs incurred during such a measure.

Should it be determined that a product error is not covered by the warranty, the
costs of dispatch and transport of the product shall be borne by the consumer/
dealer. In addition, the consumer must bear the costs, including any labour

costs, which result from examination of the product as well as the costs of
disassembly and reinstallation of the product if such costs are incurred. If,
having been provided with information about the non-validity of the warranty
and the anticipated costs associated with repair work, the customer requests
the performance of such work, he/she must then additionally bear the costs of
the spare parts and labour costs.

7.8 INFORMATION ON THE WARR ANT Y PROMISE

SECTION 477 OF THE GERMAN CIVIL CODE (BGB)

The consumer’s statutory warranty claims vis-à-vis the respective seller shall
continue to apply without restrictions and are completely unrelated to this
manufacturer warranty and to whether, in the case of a warranty claim, the
described warranty was invoked or not. At his or her own discretion, the con-
sumer can thus, either in addition to or without asserting the claims from this
warranty, exercise his or her statutory regulated rights of purchase arising
from defects of the purchased goods, in particular supplementary perfor-
mance, rescission, reduction of purchase price or compensation (see Section
437 BGB) and assert the corresponding separate statutes of limitations in
Section 438 BGB vis-à-vis the seller. This warranty applies without prejudice
to mandatory statutory liability laws.

7.9 LIABILIT Y

The warranty declaration does not give rise to claims for compensation for
consequential damage of any kind or other claims for damages. This restriction
does not extend to the mandatory statutory provisions according to which the
manufacturer is liable above and beyond the voluntary warranty declaration.

7.10 E XCLUSION PERIOD

Limitation claims from the warranty are to be asserted immediately or at the
latest two months after the defect was detected. Upon expiry of this period,
the rights from this guarantee can no longer be asserted. Claims from this
warranty shall lapse after 6 months from the end of the warranty period.

02_BA_Brennzellen_2020_GB.indd 26

27.08.2020 15:29:06