142
12
Warranty Claims
WMF will be liable as follows for justified defects of quality:
All products or services, which show defects of quality within the limitation period, shall, at WMF’s
discretion, be repaired or replaced free of charge, provided that the defect cause existed at the time of
passing of risk.
Claims for defects of quality become statute-barred after twelve months. The period commences at
passing of risk?. The above periods do not apply if longer times are prescribed by law.
Should first use of the machine be delayed by more than four weeks for reasons not attributable to
WMF, the warranty period shall commence four weeks after delivery of the machine to the customer.
The customer must notify WMF promptly in writing of any defects of quality. Replaced parts
become the property of WMF.
In all cases, WMF shall first be given an opportunity of subsequent performance within an
appropriate time. The customer shall place the subject of the complaint at WMF’s disposal.
No warranty
applies in respect of:
-
all parts subject to natural wear and tear. These include seals, ink ribbons and hoppers;
-
defects due to the effects of weather, scaling, chemical, physical, electrochemical or electrical
influences not attributable to any fault of WMF;
-
failure to use a water filter, although local water conditions require the use of a water filter and
defects are caused as a result. The customer is informed in the order acknowledgment in each case
whether the use of a water filter is necessary;
-
defects due to failure to follow the instructions for the use, maintenance and care of the machine
(e.g. WMF operating and maintenance instructions as specified in the instructions for use of the
particular coffee machine model);
-
defects due to improper or incorrect use, failure to use WMF original parts or defective installation
by the customer or third parties or defective or negligent treatment, or the consequences of
modifications or repairs carried out improperly and without our consent by the customer or third
parties.
Claims for damages on the part of the customer, on any legal ground, in particular based on non-
observance of duties arising from the relationship under the law of obligations and tortious acts are
excluded.
This does not apply in case of obligatory liability.