EN –13
under normal usage conditions from the date of installation on the owner's premises and
that the system complies with the mechanical and electrical specifications published by
TYROMOTION (unless the warranty term is extended by an optional service contract).
This warranty is granted under the provision that the system is installed, operated and
maintained in accordance with the user manual. The customer must submit all warranty
claims to TYROMOTION in written form within 60 days of the occurrence of the problem
and before the expiry of the warranty. TYROMOTION is exclusively obligated to repair,
exchange or correct faulty or non-compliant parts at its own discretion in accordance
with the warranty. TYROMOTION has no further obligations to the owner in regard to
these parts after the repair or exchange of faulty or non-compliant parts. All repairs or
maintenance work must be performed by an authorized TYROMOTION service
representative in accordance with this warranty. The above mentioned warranty
becomes null and void if repairs, maintenance or other work is performed by third
parties. Moreover, problems resulting from accidents, improper use, incorrect
application, storage damage, negligence as well as system or component modifications
are excluded from the warranty.
The above mentioned warranty is granted in place of all other warranties, rights or
conditions, and the system is delivered "without deficiency warranty" apart from the
limited warranty. TYROMOTION and its third-party suppliers specifically and
unreservedly reject all other explicit or implicit warranties held by the owner, his
personnel and patients, customers, users and any third parties, unreservedly including
all warranties for marketability, applicability for a specific purpose, non-infringement and
any warranties resulting from performance development, business trends or commercial
customs. TYROMOTION and its third-party suppliers do not provide declarations or
warranties for system compliance with the owner's requirements or for functionality
without interruption, errors or deficiencies.
TYROMOTION is in no way liable for indirect, incidental, specific or consequential
damage or for punitive damage compensation including, among other things, the loss or
absence of profits, yield, goodwill or usage, which the owner or third parties may incur
or for damage to connected equipment, costs for replacement products, installations,
servicing, exchange elements or idle time or for claims from patients, customers, visitors,
the owner's employees or other persons, regardless whether submitted within the
context of a contractual claim, due to unauthorized behavior, strict liability or imposed
by law or otherwise even when TYROMOTION has been informed about the possibility
of such damages. TYROMOTION's liability for damages resulting from or in connection
with this contract may not in any event exceed the purchasing price of the system.
Some jurisdictions limit or exclude the extent of restrictions, the exclusion of legal
means, compensation or liability, such as liability for gross negligence or willful
misconduct according to or in the abovementioned extent or do not permit the exclusion
of implicit warranties. In such jurisdictions, the restriction or exclusion of warranties,
legal means, compensations or liabilities described above may not be valid for the owner.