Interactive pen display
82
The existing limitations on liability shall not apply in the case of the assumption of explicit guarantees, or in case of fraudulent behaviour on the part of WACOM, nor for damages arising from wilful or grossly negligent behaviour on the part of WACOM, from damages leading to loss of life, personal injury or sickness or in the case of binding legal provisions. For slight negligence, WACOM and its suppliers shall only be liable in the event of a breach of essential contractual obligations. Liability when such an essential contractual obligation is breached is, however, limited to damages typical to this type of contract, which WACOM must have determined at the conclusion of the contract based on the known risks and circumstances at that time. Claims for reduced profits or expenses saved, indemnity claims from third parties or claims for any other direct or consequential damages still cannot be asserted in this case.
The laws of the Federal Republic of Germany shall apply to this agreement. However, the applicability of the United Nations Convention on Contracts for the International Sale of Goods is explicitly excluded. Krefeld is the sole place of jurisdiction for all claims arising from this contractual relationship and all disputes between the parties resulting from the formation, handling or termination of the contractual relationship, provided that the customer is a trader, a legal entity under public law or a special fund under public law.
The jurisdiction agreement shall also apply for customers who do not have a general place of jurisdiction in Germany. The jurisdiction agreement shall not apply if, due to legal provisions, a different sole place of jurisdiction must be established for the case. Furthermore, WACOM is authorised to file a lawsuit against the headquarters of the customer.
This licence constitutes the entire contractual agreement between the parties. It overrides all other verbal and written contracts and agreements and may only be altered by means of a written and signed contract. Should one of the provisions of these licence conditions be or become void, the validity of the other provisions shall not be affected, in full or in part. Should a provision be invalid, the legally permissible regulation most closely resembling the invalid regulation shall apply in its place.
LIMITED WARRANTY
WACOM guarantees to you, as the initial purchaser, that the product hardware, when used as intended, will remain free from material defects and processing errors for a warranty period of TWO (2) YEARS and Cintiq products shall be guaranteed for a warranty period of THREE (3) YEARS, commencing from the purchase date and provided that the product was unused at the time of purchase. Defects in wear parts (e.g. pen tips) resulting from normal wear and tear are exempt from the warranty. Furthermore, WACOM guarantees that the data carriers delivered with the product are free from material defects and processing errors for a period of SIX (6) MONTHS from the date of purchase.
If the
WACOM is not obligated to repair or replace the product if: (a) the damage to the product results from any accident, misuse, improper use, negligence or unauthorised alteration or repair; (b) the product was not handled or stored according to the instructions provided by WACOM; (c) the damage resulted from normal wear and tear; or d) the serial number affixed by WACOM has been removed or rendered unintelligible.
If, when a claim made under this warranty is checked, it emerges that it is outside the permitted time period or is not covered by the warranty or that the product is not faulty, the costs of any checks or repairs must be borne by the customer.
82