
Liability for defects (warranty)
HBS Series | Version 1.04
Liability for defects (warranty)
The legal regulations apply for our customers who are the con-
sumers. The customer has to give us the opportunity to con-
vince ourselves of the defect and to bring the product at our re-
quest and cost to one of our shops for examination. The
following points apply for our commercial customers:
(1) The customer has to check the delivered goods immedi-
ately upon delivery in particular on defects. He has to inform us
immediately about any determined apparent defects. He also
immediately has to inform the carrier about any transportation
damages and missing packages. If it is not possible to immedi-
ately detect the defects even though the goods are thoroughly
checked, he has to inform us immediately upon detection of the
defects in writing. In this case our customer immediately has to
stop the processing, machining and use of the ordered goods.
The customer has to give us the opportunity to convince our-
selves of the defect and to bring the product at our request and
cost to one of our shops for examination. After execution of an
agreed acceptance, the notice of defects which were identifia-
ble during acceptance shall be excluded. For commercial cus-
tomers, the legal term of liability for defects of 2 years is being
omitted.
(2) The term of liability for defects amounts to one year from the
passing of risk unless otherwise stated in the contract or law. If
the manufacturer of the delivered product grants a longer term
of liability for defects, we assign our rights hereof to the pur-
chaser/buyer already with the purchase of the product. We will
provide you a current list of the individual terms and conditions
of liability for defects of the manufacturers at any time upon
your request.
(3) In case of warranty we will provide rework or replacement in
consultation with the manufacturer at our choice. Necessary
expenses, in particular transportation, travel, labour and mate-
rial costs which are occurring since the purchased product
was transported to another place than the place of fulfilment,
do not imperatively have to be paid by us, unless it is pre-
scribed by the law. If reworks or replacements regarding a
defect demonstrably fail twice or would the repair of the defect
require a disproportionately high effort and the rework is there-
fore refused, the customer may request a reduction of the
reimbursement or an annulment of the contract. We point out to
our customers that there is no case of liability for defect in par-
ticular in case of defects which had been caused at the
premises of the customer due to misuse or improper use and
for defects which had been caused because the products
were exposed to damaging external influences (in particular
extreme temperatures, humidity, exceptional physical or elec-
trical stress, voltage fluctuations, lightning strikes, static elec-
tricity, fire) at the premises of the customer.
(4) If it results in the frame of an examination of the product due
to a notice of defects that the notice of defects was unjustified,
we are entitled to invoice a customary charge for the examina-
tion of the product as well as the transportation costs
(5) Our warranty does neither cover natural wear and tear,
improper use and storage, faulty installation nor damages
which are occurring after the passage of risk due to faulty or
negligent usage, excessive stress, improper operating equip-
ment or due to any other influences which are not provided
according to the contract.
(6) The claim for liability of defects due to an error is excluded
for any repair works performed by the purchaser/buyer or third
parties without our approval or improper repairs by a service
partner that is not authorised by the manufacturer.
(7) In cases of positive breach of contract, delay, impossibility,
unauthorised action as well as any other legal basis (except for
precontractual violations) we are only liable in case of intent or
gross negligence. In cases where culpable damage is caused
to live or health or bodily damage is caused, in cases of culpa-
ble negligence of cardinal contractual obligations (main con-
tractual obligations) or in the case of wilful deception as well as
in the event of a claim according to § 437 figure 2 Civil Law we
are liable to the statutory extent, whereby our liability for the
violation of cardinal obligations is limited to the amount of typi-
cally foreseeable damages. The term of cardinal obligations is
either used to denote a concretely described integral obliga-
tion jeopardising the attainment of the contractual purpose or
abstractly elucidated as a duty which must be fulfilled in order
that the contract can be duly and properly and on whose fulfil-
ment the customer may ordinarily rely. If we are in delay our
customer has either the right to demand damages or the right
to withdraw from the contract.
(8) In case of data losses we are only liable if our customer has
demonstrably saved the data stocks in regular intervals at least
once a day. The liability for data losses is limited to the restora-
tion cost if a backup copy is available, unless the data losses
were caused by us intentionally or grossly negligent. Other-
wise a liability is excluded except in cases of intent or gross
negligence.
(9) The scope of our liability according to the German Product
Liability Act remains unaffected.
Imprint
Product Identification
Band Saw Article Number
HBS 400 5900410
HBS 471 5900471
HBS 473 5900473
Manufacturer
Stürmer Maschinen GmbH
Dr.-Robert-Pfleger-Str. 26
D-96103 Hallstadt
Hotline: 0049 (0) 900 19 68 220
(0,49 €if calling from the German fixed
network)
Fax: 0049 (0) 951 96555 - 55
Internet: www.holzstar.de
Indications regarding the operating instructions
Original Instructions
Edition: 18.09.2015
Version: 1.04
Language: English
Author: PS/MS
Indications regarding the copyright
Copyright © 2015 Stuermer Maschinen GmbH, Hall-
stadt, Germany.
The contents of these operating instructions is the sole
property of the company Stürmer Maschinen GmbH.
Passing on as well as copying of this document, the use
and distribution of its content are prohibited if not explic-
itly permitted. Contraventions are liable to compensa-
tion.
Subject to technical modifications and error.