Garantiebestimmungen
Es gelten die Allgemeinen Lieferbedingungen von
Johnson Matthey Piezo Products GmbH, hiervon aus-
genommen USA-Direktkunden. Für USA-Direktkunden
gelten die nachstehenden Bestimmungen in Englisch.
Johnson Matthey International Conditions for suppliers
and service apply, with the exemption of USA original
purchasers.
For USA original purchasers only:
Denitions: The „LIQUIFOG®“ is an ultrasonic liquid
atomizer incorporated into refrigeration units. The „ori-
ginal purchaser“ is the manufacturer of the refrigeration
unit that will install the LIQUIFOG® into its refrigeration
unit and the person or entity that directly purchases the
LIQUIFOG® from Johnson Matthey Piezo Products GmbH
(hereinafter „original purchaser“ ).
Johnson Matthey Piezo Products GmbH warranties are
limited to and only provided to the original purchaser
of the LIQUIFOG® as dened in the „Denitions“ section.
This warranty is not extended to or provided to the end
user or any subsequent purchasers of the LIQUIFOG®.
This warranty is not assignable or transferable to
subsequent purchasers. Johnson Matthey Piezo Products
GmbH warrants the LIQUIFOG® to be free from defects
in material and workmanship if installed in accordance
with the Warnings and Installation Instructions for
Product Manufacturer.
The warranty period of the LIQUIFOG® shall be for the
rst 12 months starting from the date of delivery of the
LIQUIFOG® to the original purchaser who purchased the
LIQUIFOG® from Johnson Matthey Piezo Products GmbH.
Parts Replaced Under Warranty: This provision applies
to parts replaced under warranty only. The warranty
period of parts replaced under this warranty is 6 months
from the date of delivery of the replacement part to the
original purchaser.
What This Warranty Does Not Cover:
Part(s) Which Is(Are) Not Defective:
a. This warranty shall not cover any depreciation or
damage caused by misuse, abuse, improper or un-
authorized assembly, modication, service or storage,
inadequate transportation, improper installation or
resulting from accidents or failure to use the LIQUIFOG®
according to the Warnings and Installation Instructions
for Product Manufacturer.
b. Except for the cost of the LIQUIFOG® itself, no costs
of maintenance, service, installation or replacement are
covered by this warranty.
c. This warranty shall not apply to any damage or loss
which is attributed to other causes not attributable to
Johnson Matthey Piezo Products GmbH, such as ood,
re, lightning and other acts of God.
Costs not included under this warranty include any
costs for transporting any part of the LIQUIFOG® to an
authorized Johnson Matthey Piezo Products GmbH
dealer. The original purchaser is responsible for all
shipping charges for the parts in excess of those that are
usual and customary, any local taxes and costs involved
in investigating complaints.
Limited Warranty
9
Stand Februar 2018 / Änderungen vorbehalten / Subject to alterations
THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER
WARRANTIES WHATSOEVER, EXPRESS, IMPLIED OR
STATUTORY, INCLUDING WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
THIS WARRANTY AND JOHNSON MATTHEY PIEZO
PRODUCTS GMBH´S OBLIGATION UNDER IT ARE THE
PURCHASER‘S SOLE AND EXCLUSIVE REMEDY AGAINST
JOHNSON MATTHEY PIEZO PRODUCTS GMBH FOR ALL
CLAIMS ARISING HEREUNDER OR RELATING HERETO
WHETHER SUCH CLAIMS ARE BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLU-
DING NEGLIGENCE AND STRICT LIABILITY) OR OTHER
THEORIES.
The remedies of the purchaser set forth herein are
exclusive and in no event shall the original purchaser be
entitled to direct or indirect incidental, consequential or
other similar damages, including, but not limited to, loss
of prots, cost for rental of substitute equipment, loss of
use, loss of income, loss of production, increased cost of
operation, spoilage of or damage to material and other
commercial losses.
The total liability of Johnson Matthey Piezo Products
GmbH with respect to claims arising hereunder or rela-
ting hereto whether such claims are based on breach of
contract, tort (including negligence and strict liability)
or otherwise shall not exceed the price of parts or the
LIQUIFOG® furnished hereunder.
Any action by the original purchaser arising hereunder
or relating hereto, whether based on breach of contract,
tort (including negligence and strict liability) or other
theories, must be commenced within one year after
the cause of action accrues or it shall be barred and
the original purchaser expressly waives any statute of
limitations which might apply by operation of law or
otherwise.
If there are any disputes arising from or concerning the
limited warranty provided by Johnson Matthey Piezo
Products GmbH, then the terms of the limited warranty
will be governed by the Uniform Commercial Code.
If any clause within this warranty is found or held to be
invalid and/or unenforceable, the remaining portions
that are not found or held to be invalid and/or unenfor-
ceable will survive and will continue to have legal eect.
Any technical advice furnished by Johnson Matthey
Piezo Products GmbH to the original purchaser is an
accommodation to the original purchaser. Johnson
Matthey Piezo Products GmbH assumes no liability the-
refore, and the original purchaser accepts such advice at
the original purchaser‘s sole risk.
Any use, incorporation or operation of the LIQUIFOG®
contrary to the Warnings and Installation Instruc-
tions for Product Manufacturer or any adjustment or
assembly procedures not recommended or authorized
by Johnson Matthey Piezo Products GmbH in writing or
in the Warnings and Installation Instructions for Product
Manufacturer shall immediately VOID this warranty.
