Article VI: Defects as to Quality / Warranty / Product Liability
The Supplier shall provide warranty for a duration of 24 months starting from the day of delivery resp. transfer of risk for Goods, i.e. new equipment, parts and services for defects of quality and services hereinafter referred to as "Defects" as follows:
- The received Goods are to be inspected immediately after arrival. The goods are deemed accepted if a written complaint is not received by the Supplier within 10 working days of receipt of goods. Defects which are later detected, but still within warranty period must be filed in writing with the Supplier immediately. Replaced parts shall become the property of the Supplier.
- The guarantee expires immediately for Defects or Damages arising after the passing of risk due to faulty or negligent handling, excessive strain, unsuitable equipment or claims based on particular external influences not assumed under the contract, chemical, electrochemical or electrical influences. Claims based on defects attributable to improper modifications or repair work carried out by the Buyer or third parties and the consequences thereof are likewise excluded. The Supplier is not liable for natural wear and tear or for non-reproducible software errors.
- Defective Goods shall be, at the Supplier's discretion, repaired, replaced or provided again free of charge, provided that the reason for the Defect had already existed at the time when the risk passed. The Buyer shall give the necessary time and opportunity to undertake all improvements and replacement deliveries which may appear necessary to the Supplier after consultation with the Supplier; otherwise the Supplier shall be released from the liability for the ensuing consequences. Only in urgent cases with risk of danger to the operational safety or to prevent disproportionately high damages, whereby the Supplier is to be notified immediately, the Buyer shall be entitled to correct the faults himself or have these corrected by third parties and to demand that the Supplier reimburse the necessary expenses.
- The guarantee expires immediately for Defects or Damages arising after the passing of risk due to faulty or negligent handling, excessive strain, unsuitable equipment or claims based on particular external influences not assumed under the contract, chemical, electrochemical or electrical influences. Claims based on defects attributable to improper modifications or repair work carried out by the Buyer or third parties and the consequences thereof are likewise excluded. The Supplier is not liable for natural wear and tear or for non-reproducible software errors.
- The Buyer shall ensure that irrespective whether the Goods supplied by the Supplier are used by the Buyer or are being resold, generally applicable, resp. known safety regulations and standards are observed.
- Supplier's Goods may only be sold in original packaging / labelling incl. original manual, original accessories and tools. Differing versions (private label / neutral packaging, etc.) are subject to mandatory written consent by the Supplier.
- Due to the fact that systems form a technical entity, Supplier's Goods may not be used for purposes other than the by Supplier recommended and designated purposes or combined with goods which are not suitable for the intended purposes.
- The Supplier declines any responsibility for damages, losses or consequential damages that may arise due to non-compliance with Supplier's recommended use and instructions or due to material defects unless in the event of intent, gross negligence or violation of life, body or health.
Article VIII: Venue and Applicable law
- Sole venue for all disputes arising directly or indirectly out of legal relations between Buyer and Supplier shall be the Supplier’s registered place of business. However, the Supplier may also bring an action at the Buyer's registered place of business.
- Legal relations existing in connection with this contract shall be governed by Swiss substantive law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Article IX: Severability Clause
The legal invalidity of one or more provisions of this contract shall in no way affect the validity of the remaining provisions. This shall not apply if it would be unreasonable for one of the parties to continue the contract.
Lamello AG