Guarantee declaration
§ 1 Guarantor/Scope of application
1. The guarantee described here only applies to new goods offered by G-TELWARE GmbH, insofar as these are expressly advertised or sold with a guarantee. The guarantor is G-TELWARE GmbH, In der Aue 10, 53757 Sankt Augustin (hereinafter referred to as "GTELWARE").
2. The guarantee does not affect the statutory rights to which the Buyer is entitled, in particular the right to subsequent performance, withdrawal, reduction, compensation for damages or reimbursement of wasted expenditure and other statutory rights arising from the respective contractual relationship. The statutory rights of the buyer are not restricted by the guarantee.
3. The following warranty conditions only apply insofar as they do not conflict with the respective national law with regard to warranty provisions.
§ 2 Content, duration and geographical scope of the guarantee
1. GTELWARE grants a warranty of three years for the functionality of the device sold under warranty as described in the respective purchase contract in accordance with the conditions described here, calculated from the time the device is handed over to the purchaser. If defects occur in the device within this warranty period which are not due to one of the causes specified in § 3, clauses 2 to 4, the device in question will either be repaired free of charge or replaced free of charge at GTELWARE's discretion. The warranty also includes free delivery of the device to be replaced by GTELWARE to the Buyer.
2. The warranty does not cover the shipping or postage costs incurred by the Buyer for sending the device to GTELWARE or other expenses. Also not covered by the guarantee are claims by the Buyer for damages, compensation for consequential damage or damage which has not occurred to the device itself which is subject to the guarantee. The guarantee does not justify any claim to a reduction in the purchase price or withdrawal from the purchase contract.
3. The guarantee applies to all sales transactions in which the device has been delivered by GTELWARE to an address within the European Union (EU).
§ 3 Guarantee conditions
1. Entitlement to warranty service shall only exist if a copy of the purchase invoice or the sales receipt of the sale by G-TELWARE GmbH is presented together with the device.
2. The warranty does not entitle the customer to free inspection or maintenance of the device. If a defect is due to improper use by the purchaser or a third party, there is no entitlement to warranty services.
3. Damage is also not covered by the warranty,
- which are due to improper use or misuse of the appliance for a purpose other than its contractual purpose in non-compliance with the operating instructions,
- caused by external force and/or violence,
- caused by the connection, use or utilization of the appliance in a manner that contravenes the applicable technical or safety requirements.
Also not covered by the warranty claim is firmware upward compatibility of the devices to a new firmware not yet published at the time of purchase of the device.
4. Furthermore, the warranty right shall expire if the device is repaired by an unauthorized person or by the purchaser himself or if components on the device are opened by the purchaser or an unauthorized third party.
5. If GTELWARE determines during an inspection of the device in the course of asserting a warranty claim that the damage in question does not justify the assertion of warranty claims, the costs incurred by GTELWARE for the inspection service shall be borne by the Purchaser.
§ 4 Transfer of the guarantee
If a device covered by the guarantee is sold, the guarantee claims may be transferred to the purchaser of the device. If the warranty conditions are complied with, the purchaser of the device shall also be entitled to the warranty claims.
§ 5 Limitation of warranty claims
Warranty claims shall expire six months after the occurrence of damage, but no later than six months after the expiry of the warranty period.
