1. Roman Dietsche GmbH guarantees the faultless quality, as defined below, of its products, including wear parts and surfaces contained therein, exclusively in terms of content subject to and within the scope of and according to the terms of these provisions. Claims under the guarantee other than those specified below shall be excluded.
The purchaser’s rights under the statutory warranty (claims arising from violation of duty due to defective goods) and claims arising from product liability shall not be limited and affected by the guarantee.
2. The guarantee shall apply only geographically when purchasing our products within the European Union and Switzerland exclusively first for commercial or professional use and in terms of the product shall only apply to products sold under a trade mark which is protected for Roman Dietsche GmbH and not under a third-party trade mark.
The guarantee shall not apply in the case of signs of normal wear and tear and in the case of damages due to incorrect installation, incorrect assembly, incorrect use, fall, abnormal influences of a thermal, electrolytic or chemical nature or wanton destruction.
3. The term of the guarantee for the products is limited in time to two years, for fitting bodies and their components (e.g. flex hoses, outlets, S connections) five years, in each case as of the purchase date stated on the guarantee certificate (guarantee period). Claims under the guarantee must be asserted against us in writing (in German or English) within the guarantee period, by submitting the original guarantee certificate and the original sales receipt, whereby compliance with this period shall be determined by the date of our receipt of the claims. Claims under the guarantee shall otherwise be excluded.
4. Claims under the guarantee shall also require that all the following are met:
- our product is not free of defects within the meaning of this guarantee. A product is not free of defects exclusively if
- it does not have the properties agreed with us in writing in the contract; or
- if special properties have not been agreed with us as seller as above, the product does not have those properties which are stated in the product specification supplied with the product by us as manufacturer when the product is purchased.
Insignificant deviations from properties agreed which do not materially affect use of the product shall not be deemed a defect and guarantee case.
- and the guarantee certificate was issued when the product was purchased by an expert technician or specialist retailer specialised in the sale or installation of the product covered by the guarantee; and
- the care and safety instructions of Roman Dietsche GmbH supplied with the product relating to the product covered by the guarantee were complied with in full; and
- the party asserting the guarantee claim makes the product in question available to us immediately at our request for inspection purposes at our expense but without our assuming the transport risk.
5. Claims under the guarantee shall be limited in scope to repair free of charge or replacement of the defective product free of charge at the option of Roman Dietsche GmbH. If the model in question is no longer manufactured, the product can also be replaced by us by another model which is equivalent in its function. Exchanged parts shall be returned on request to Roman Dietsche GmbH at its expense and shall become the property of Roman Dietsche GmbH. The reimbursement of disassembly and assembly costs, claims for damages and claims for the reimbursement of expenses, or a right to rescind the contract or a right to reduction are not covered by the guarantee.
6. This guarantee is governed exclusively by the law of the Federal Republic of Germany, to the exclusion of the UN Sales Convention (United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG)).
7. Exclusive place of jurisdiction for all disputes arising from or in connection with this guarantee is the place of the registered office of Roman Dietsche GmbH at the time the action is filed.
8. Please keep this guarantee certificate and the invoice for your purchased product in a safe place. If you wish to assert a claim under the guarantee, please contact the following after sales service, enclosing the original guarantee certificate and the original sales receipt:
After Sales Service
Roman Dietsche GmbH Tel. +49 6403 69998-70
Theodor-Heuss-Strasse 18 Fax +49 6403 69998-71
35440 Linden, Germany email@example.com
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