With due observance of the following provisions, ELMEC Handels- en Ingenieursbureau B.V. (hereinafter referred to as "seller") the soundness and quality of the new DEMAG products delivered during a period of 24 months after the invoice date, in the sense that parts or materials that may be defective during this period due to faulty construction, insofar as those items are located in the Netherlands or Belgium, these will be repaired or replaced free of charge, such at his discretion. For transmitters of radio controls and push-button switches, this period is 6 months.
The warranty period of 24 months is proportionally shortened if the delivered products are used more intensively than the 1-shift work adopted by the seller and/or if the load spectrum or usage intensity is higher than the agreed FEM classification of the delivered.
So far as the installation is located in a country other than the Netherlands or Belgium, the required service parts or materials will be made available free of charge up to a maximum of 6 months after the first delivery and will be delivered carriage paid to your address in the Netherlands or Belgium. Transport costs to destinations outside these countries and labor costs for the repair or replacement work will not be reimbursed.
The buyer must provide climbing equipment or lifting facilities in such a way that the products can be repaired in a safe manner. The costs for this climbing material are for the account of the buyer, even if the defect is covered by our warranty.
The buyer is obliged, under penalty of forfeiture of the seller's warranty obligation, to report a defect to the seller's service department immediately after discovery. The buyer is obliged to keep a defective part and, if desired by the seller, return it to the seller free of charge. Materials released as a result of a repair become the property of the seller.
The seller's warranty obligation lapses if the buyer or his staff or third parties equivalent thereto, have not treated the installation in accordance with the instructions and instructions stated in the operating instructions and user manual, or have otherwise treated it incompetently or carelessly, or have treated it for other than normal use. business for which the products are intended. If the buyer has had a repair or change carried out by a company other than the seller or a company authorized by him without the seller's written permission, the warranty obligation also lapses.
The seller's warranty obligation lapses if the buyer does not meet his payment obligation. The buyer does not have the right to refuse payment on the grounds that the seller has not yet or not fully fulfilled his warranty obligation.
In the event that the seller does not fulfill its warranty obligation, its liability is limited to the costs of repair or replacement by third parties, but only after the buyer has given the seller written notice of default and has given him a reasonable period within which the seller still fulfills his warranty obligation. will be able to meet.