User's Manual

TERMS OF WARRANTY
DERMALOG FLC1 User Guide 19 / 22
10 Terms of Warranty
1. As to the products (the “Products”) provided by DERMALOG, DERMALOG’s warranty should be as follows:
1.1. DERMALOG warrants that all hard- and software were produced with due care and diligence. However,
it is agreed that it is not possible in accordance with the state of the art to rule out technical errors
under all application conditions. Where this is not possible in accordance with the state of the art at
the time of production, warranty claims shall be excluded. Insignificant or minor deviations shall not
lead to any warranty claims.
1.2. DERMALOG warrants that the contractual Products are generally described accurately in the product
information. The technical data and descriptions in the product information by itself do not represent
a warranty of specific qualities. DERMALOG shall not be liable if the program functions do not satisfy
the requirements of the customer or work together with own components of the customer in the
selection chosen by the customer.
1.3. In case of a defect, DERMALOG, at its sole discretion, shall have the right to remedy the defect or to
supply alternative hardware free from the defect. In case of defects of software, the remedy by
DERMALOG can be achieved for example, by the provision of an update, by the exchange of the
software in whole, or by written and/or oral directives, which avoid the effects of the defect.
1.4. DERMALOG reserves the right to provide updates or to exchange the software in whole or in parts at
all times. The customer shall install such updates or exchange the software in whole or in parts if the
functions of the software are not materially reduced and if time and effort for the replacement are not
unreasonable. There shall be no right to claim for updates or for the exchange of the software in whole
or in parts under these terms and conditions except otherwise provided.
1.5. If the customer or a third party undertakes improper modifications or changes to the Products, the
warranty shall be void for these and the consequences resulting thereof. If a defect is the consequence
of the non-observation of operating or maintenance instructions, all claims and rights of the customer
due to defects shall be barred. This shall also apply if the defect is a consequence of incorrect use,
storage or foreign influence. For the avoidance of doubt, this exclusion of warranty shall not apply and
DERMALOG shall be obliged to render warranty services for a defect when the customer proves that
its improper modification, change, or maintenance work neither has caused the defect nor has
impeded the identification or correction of a defect.
1.6. Where a defect is found upon investigation not to be DERMALOG’s responsibility, DERMALOG reserves
the right to charge the customer on a time and materials basis at DERMALOG's then current rates for
all costs and expenses incurred by DERMALOG in consequence of such investigation.
1.7. The warranty period for the hardware components terminates after twelve (12) months beginning with
the day of the delivery and for software components after twelve (12) months after acceptance of the
installation.
1.8. The customer is obliged to inspect the delivered Products immediately after receipt or – in case if
software to be installed – after installment. Any written notification of defects has to be made to
DERMALOG within seven (7) calendar days after receipt of the Products, in case of hidden defects
within the same period after awareness of the defects. Otherwise, all warranty claims shall be barred.
2. As to Support Services, DERMALOG’s warranty shall be the following:
2.1. DERMALOG warrants that the Support Service will be performed by competent persons exercising skills
appropriate to their qualifications and experience.
2.2. DERMALOG agrees to correct free of charge any inaccurate work at the customer´s premises in breach
of clause 2.1 provided such inaccurate work is reported to DERMALOG in writing within one month
after performance of such work.
2.3. Where a defect is found upon investigation not to be DERMALOG’s responsibility, DERMALOG reserves
the right to charge the customer on a time and materials basis at DERMALOG's then current rates for
all costs and expenses incurred by DERMALOG in consequence of such investigation.
To obtain warranty service, you must first contact DERMALOG via [e-mail] to determine the
problem and the most appropriate solution for you.