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14 Manufacturer’s Representations and Warranties
ACD Elektronik GmbH
Engelberg 2
88480 Achstetten
Germany
Phone: [phone]
Fax: [phone]
These Representations and Warranties are applicable to all customers (the “Customers” and each,
individually, a “Customer”) purchasing products (the “Products”) manufactured by ACD Elektronik GmbH (the
“Company”).
1. Warranty and Limitations:
1.1 Company warrants solely to the original purchaser of the Products that for the Warranty Period (as
defined below), the Products will be free from defects in materials and workmanship under normal use, and
will conform to Company’s published specifications of the Products. Notwithstanding the foregoing, Company
retains its right to deviate from its published specifications due to the latest innovations and improvements in
function and design of the Products.
1.2 The foregoing warranty is subject to the proper storage, transportation and use of the Products, and does
not include defects due to normal wear and tear or deterioration.
1.3 Customer shall immediately, but in any event no later than eight (8) days following delivery or installation
of the Product, inspect the Products for conformity and visible defects. Customer shall give Company
immediate written notice of any non-conformities or visible defects regarding the Products. In the event that
Customer fails to provide the Company within eight (8) days following delivery or installation of the Products
with notice of any non-conformities or visible defects, any warranty claims in this regard shall be deemed
waived.
1.4 Customer shall immediately notify Company in writing of any other defects of the Products and return
such defective Product. Company’s sole obligation under the foregoing warranty is, at Company’s option, to
replace or exchange the defective Product or issue a merchandise credit for the defective Product. Any
replaced or exchanged Products shall be subject to the warranty set forth in 1.1., following their replacement
or exchange. If Company has received notification from Customer, and no defects of the Product could be
discovered, Customer shall bear the costs that Company incurred as a result of the notice. It shall be in
Company’s sole discretion to determine if the Product has a defect.
1.5With respect to orders made to custom, any defects of the Products caused by Customer’s specifications
are excluded from the warranty set forth in 1.1.
1.6 Company also makes no warranty that the Products manufactured under an order made to custom do
not infringe the intellectual property or other proprietary rights of any third party and Customer is solely
responsible for assuring that such Products do not so infringe.
1.7 The “Warranty Period” begins on the date of delivery of the Product to Customer, and continues to be in
effect for two (2) years.
1.8 Company does not authorize any person or party to assume or create for it any other obligation or liability
in connection with the Products except as set forth herein.