Ziemer Ophthalmic Systems AG
General Terms and Conditions of Sale and Limited Warranty Terms
Version 1 / 15.09.2011
General Terms and Conditions of Sale:
Limited Warranty Terms:
1. General: Ziemer Ophthalmic Systems AG (hereinafter called "ZIEMER") warrants to the owner of a valid proof of purchase ("Consumer") that the products and all accessories provided by ZIEMER in the sales package, but excluding immaterial goods, ("Product") are free from material defects in materials, construction and workmanship, pursuant to the following terms and conditions, when installed and used normally and in accordance with operation instructions. This limited warranty extends only to the Consumer of Products purchased and used within the sales area covered by ZIEMER, other applicable agreements notwithstanding.
2. Limited Warranty: During the limited warranty period, ZIEMER’s authorized service representatives will repair or replace, at written notice by the Consumer, at ZIEMER’s option, without charge, a Product which is not free from material defects in construction, material or workmanship ("Materially Defective Product") and therefore is unusable or defective. If ZIEMER repairs this product, ZIEMER may use new or refurbished replacement parts. If ZIEMER chooses to replace this product, ZIEMER may choose to replace it with a new or refurbished product of the same or similar design. ZIEMER will return repaired or replacement Product to Consumer in working condition only, if not agreed otherwise in writing. Replaced parts, modules or equipment will be returned into ZIEMER's property. Repair or replacement of Product, at ZIEMER’s option, is Consumer’s exclusive remedy.
3. Duration of Limited Warranty Period: The Limited Warranty Period for the Product extends for one (1) year. The Limited Warranty period starts on the date of the delivery to the Consumer, at the latest on the date of issue of the delivery note from Distributor to Consumer, but ends at the latest fourteen (14) months from the date shown on the delivery note from ZIEMER to the Distributor. If ZIEMER repairs or replaces the Materially Defective Product under the terms and conditions of this limited warranty, this limited warranty also applies to repaired or replacement Products for a period of either (a) 90 days from the date repaired or replacement Product is shipped to Consumer or (b) the time remaining on the original oneyear warranty, whichever is longer. For consumable products carrying an expiration date, the Limited Warranty ends, at the latest, at the date of expiration printed on the product packaging.
4. Coverage of Limited Warranty: The limited warranty covers exclusively and only defects in material, construction or workmanship of the Products and does among others not cover:
a) Product that has been subjected to misuse, accident, incident, shipping or other physical damage, improper installation, abnormal operation or handling, neglect, inundation, fire, smoke, liquid intrusion in any form, chemical or electrolytic influences, normal indicated or excessive use; or
b) Product that has been used by a non-authorized user; or
c) Product that has been damaged due to repair, service, alteration, and use of parts other than ZIEMER's or modification by anyone other than an authorized service representative of ZIEMER; or
d) Consumable or Disposable Products or components;
e) Product to the extent that the problem experienced is caused by radiation in any form, signal conditions, network reliability or cable or antenna systems; or
f) Product to the extent that the problem is caused by use with electrical or electronic accessories not provided by ZIEMER; or
g) Product whose warranty/quality sticker, product serial number label or electronic serial number information have been removed, altered or rendered illegible; or
h) Product returned without valid RMA-Number (Return Merchandise Authorization Number) and valid proof of purchase; or
i) Charges for installation or set-up, adjustments of customer controls, and installation or repair of systems outside the unit, as well as
j) Any other reasons, which ZIEMER is not responsible for. Furthermore ZIEMER does NOT warrant that the results obtained from the use of Product will be accurate or reliable.
5. Special Terms for Software and Firmware: ZIEMER warrants that software disks will be free from defects in materials and workmanship under normal use for ninety (90) days from the date Consumer receives the Software. ZIEMER does NOT warrant that the functions of the Software or Firmware will meet Consumers' specific requirements or that operation of the software will be uninterrupted or error-free.
6. Transfer of Title and Risk: Benefit from the Product and risk for loss and damage shall transfer to Consumer at the date of shipment to Consumer EXW (INCOTERMS 2010), unless otherwise agreed in writing. Transportation- and administration costs to the service location are to be paid by the Consumer. ZIEMER will return repaired or replaced Product under this limited warranty to Consumer, transportation, delivery administration costs prepaid by Consumer. ZIEMER assumes no risk for damage or loss of the Product in transit.
7. Inspection and Acceptance: If the Product failure is not covered by this limited warranty, or proof of purchase does not meet the terms of this limited warranty, ZIEMER will notify Consumer and will request that Consumer authorizes the cost of repair without warranty coverage prior to any further repair activity. Consumer must pay for the cost of repair and return shipping costs for the repair of Product that are not covered by this limited warranty.
8. Warranty Service: To obtain warranty service, Consumer must:
a) Contact ZIEMER to obtain a RMA-Number and return shipping instructions. The RMA-Number is valid for thirty (30) days from date of issue;
b) return the entire original package and contents including the Product to the ZIEMER service location along with a description of the malfunction or difficulty and ensure that package is marked with the RMA-Number;
c) include “valid proof of purchase” (Sales receipt) identifying the Product purchase and the date of purchase or receipt; and
d) provide your name, complete and correct mailing address, and telephone number.
9. Disclaimer of warranty and Liability: ZIEMER provides no other warranty to this Product. The warranty exclusively describes all of ZIEMER’s responsibilities regarding the Product. ZIEMER makes no representation or warranties, either expressed or implied, by or concerning any content of materials such as information, documents or software, and in no event shall be liable for any implied warranty of merchantability or fitness for any particular purpose or for any consequential, incidental or indirect damages (including but not limited to damages for loss of business profits, business interruption and loss of business information) arising from the use or inability to use these materials or Products. No one is authorized to make modifications to this limited warranty and Consumer should not rely on any such modification. In no case whatsoever shall Consumer be entitled to claim damages other than occurred on the Product itself. It does apply, however, to the unlawful intent or gross negligence of persons employed or appointed by ZIEMER to perform any of its obligations. Any liability of ZIEMER shall in any case be limited to the purchase value of the Product. Some countries may not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations offending the above mentioned law may not apply to Consumer.
10. Place of Jurisdiction; Applicable Legislation: These Limited Warranty Terms are subject to Swiss law. The courts at the domicile of ZIEMER shall hold jurisdiction.
Ziemer Ophthalmic Systems AG
CH-2562 Port, Switzerland