Appendix 29
c)if the damage occurred due to incorrect handling, especially to
d)if the device was opened, repaired or modified by persons not authorized by ELSA,
e)if the device shows any kind of mechanical damage,
f)if in the case of an ELSA Monitor, damage to the cathode ray tube (CRT) has been caused especially by mechanical load (e.g. from shock to the pitch mask assembly or damage to the glass tube), by strong magnetic fields near the CRT (colored dots on the screen), or through the permanent display of an unchanging image (phosphor burnt),
g)if, and in as far as, the luminance of the TFT panel backlighting gradually decreases with time, or
h)if the warranty claim has not been reported in accordance with 3a) or 3b).
5 Operating Mistakes
If it becomes apparent that the reported malfunction of the device has been caused by unsuitable soft- ware, hardware, installation or operation, ELSA reserves the right to charge the purchaser for the result- ing testing costs.
6 Additional Regulations
a)The above conditions define the complete scope of ELSA’s legal liability.
b)The warranty gives no entitlement to additional claims, such as any refund in full or in part. Com- pensation claims, regardless of the legal basis, are excluded. This does not apply if e.g. injury to persons or damage to private property are specifically covered by the product liability law, or in cas- es of intentional act or culpable negligence.
c)Claims for compensation of lost profits, indirect or consequential detriments, are excluded.
d)ELSA is not liable for lost data or retrieval of lost data in cases of slight and ordinary negligence.
e)In the case that the intentional or culpable negligence of ELSA employees has caused a loss of data, ELSA will be liable for those costs typical to the recovery of data where periodic security data back- ups have been made.
f)The warranty is valid only for the first purchaser and is not transferable.
g)The court of jurisdiction is located in Aachen, Germany in the case that the purchaser is a merchant. If the purchaser does not have a court of jurisdiction in the Federal Republic of Germany or if he moves his domicile out of Germany after conclusion of the contract, ELSA’s court of jurisdiction ap- plies. This is also applicable if the purchaser's domicile is not known at the time of institution of proceedings.
h)The law of the Federal Republic of Germany is applicable. The UN commercial law does not apply to dealings between ELSA and the purchaser.