1. Passage of risk and guarantee
If the customer picks up the goods, then the risk of accidental loss or accidental damage to the goods shall pass from CIS Solutions to the customer at the time when the goods are transferred to the customer. If CIS Solutions ships the goods to the customer the risk shall pass to the customer which is a merchant as soon as the goods are handed over to the carrier. If the customer is a consumer the risk shall pass as soon as the carrier has delivered the goods to the consumer.
The guarantee period shall begin at the time when the goods are delivered. The statutory guarantee provisions shall apply.
Provided that the customer is a consumer, the periods of limitation for statutory claims for defects shall be two years for new goods and one year for returned goods.
If the customer is a merchant the limitation period for guarantee claims is one year.
In case of visible or hidden defect, the customer needs to enable CIS Solutions, on penalty of dissolution, to conduct a thorough investigation, which means for Products that the Product is brought in by the customer (except in case of damage upon reception) in an intact condition and in the original packaging.
CIS Solutions is authorised to choose between curing the defect in conformity with the purchase order, delivering a defect-free good as subsequent performance or paying damages for this.
Obvious defects in the products or the performance rendered by CIS Solutions must be notified in writing immediately, at the latest within fourteen days after receipt of the goods. If such defects are not notified in time, the goods are deemed to have been approved and accepted, with all inherent guarantee rights expiring.
CIS Solutions shall not be liable for normal wear and tear of the good or defects which are a result of incorrect or negligent handling or treatment or which are caused by unusual conditions of use. The following claims are excluded from the guarantee :
Installation, configuration and software settings never fall under the warranty conditions and are charged at the hourly rate of the technical department.
Cost of work will always be charged if Products are offered for repair as being defective and if the examination shows that these are not defective.
2. Restrictions on Liability
The restrictions on liability shall not apply to damage which occurs as a result of intentional acts or gross negligence or damage to life, body or health.
Irrespective of their legal basis claims for damages which are directed either against CIS Solutions or its agents shall be limited to the amount which CIS Solutions reasonably expected to receive at the conclusion of the contract. Where the damage does not result from the violation of an essential contractual obligation, which is such an obligation that is necessary for the fulfilment of the contract and on which fulfilment the costumers regularly rely and may rely, the amount of damages shall be limited to a maximum amount of ten times the contractual value. The customer shall be responsible for the safe storage of its data. CIS Solutions is only liable for those expenses, which are necessary for the recovery of data presuming regular backups undertaken by the customer.
If you have any questions or comments on guarantee of our products, please do not hesitate to contact us.