Warranty Terms and conditions
for Customers outside of the European Community (EC)
(Last update: 09-2013)
Giesemann warrants to the original purchaser only that the GIESEMANN products will be free from defects in material and workmanship under normal use for a period of thirty (30) days from the date of purchase of either one (1) year from the date of purchase – if the product is properly registered through the registration process below provided that the product is installed and used properly and consistent with the product manual. No representation or warranty by any Giesemann salesperson, dealer, agent representative, employee, or any other individual or entity acting or purporting to act on behalf of Giesemann, shall be binding upon Giesemann other than as expressly set forth herein. This limited warranty applies only to the original purchaser and is not transferable from the original consumer purchaser. In the event of a limited warranty claim, proof of purchase will be required.
The Giesemann warranty shall not apply: (i) to any damaged Giesemann product that has been subjected to accident, misuse, neglect, alteration, acts of God, improper handling, improper transport, improper storage, improper use or application, improper installation, improper testing or unauthorized repair, operation outside recommended parameters (as described in the applicable product manual, for example, damage from saltwater spray or heat), power fluctuation or failure, subjection to abnormal physical or electrical stress, use of incompatible products, non-approved power supplies/connections, or similar circumstances (ii) to any Giesemann product where product been exposed to water or (iii) to cosmetic problems or defects that result from normal wear and tear under ordinary use, and do not affect the performance or use of the product. Giesemann’s warranty applies only to a product that is manufactured by or for Giesemann and identified by the Giesemann trade name or product identification logo affixed to the product. If you notice a problem with your Giesemann Product, do not attempt to repair it yourself. Any attempts at self repair shall void this limited warranty. Giesemann shall not be held liable for damage to any aquarium, aquarium life forms, or other personal objects due to improper use of the device. If the product develops a covered defect within the one-year period, Giesemann will, at its option, either repair or replace the Giesemann product without charge, provided that the Giesemann product is returned during the warranty period.
NOTE: FOR THE ONE (1) YEAR WARRANTY TO BECOME EFFECTIVE, THE PRODUCT TO WHICH THIS LIMITED WARRANTY RELATES MUST BE REGISTERED WITHIN THIRTY (30) DAYS OF PURCHASE. INSTRUCTIONS FOR REGISTRATION ARE INCLUDED BELOW.
OBTAINING WARRANTY SERVICE: If this product proves defective during the Warranty Period, contact Giesemann (at the address listed below) for instructions on how to obtain warranty service.
41334 Nettetal – Germany
Phone: +49 2157 812990
Please be prepared with your product model and serial number, as well a proof of purchase. DATED PROOF OF ORIGINAL PURCHASE IS REQUIRED TO PROCESS WARRANTY CLAIMS. REGISTRATION OF YOUR PRODUCT SATISFIES THE PROOF OF PURCHASE REQUIREMENT. If you are requested to return your product to Giesemann, you will be given a Return Materials Authorization (RMA) number. You are responsible for properly packaging and shipping your product to Giesemann, this includes the cost of shipping and any applicable insurance (both to and from Giesemann’s factory). Giesemann is not responsible for, and this limited warranty does not cover, damage to products incurred in shipping. Please take efforts to package your product properly. You must include the RMA number and, if the product is not registered a copy of your dated proof of original purchase when returning your product. Products received without an RMA number and, if applicable, dated proof of original purchase will be rejected. Do not include any other items with the product that you are returning to Giesemann.
Repairs or replacements not covered under this limited warranty will be subject to charge at Giesemann’s then-current rates.
GIESEMANN DISCLAIMS ALL OTHER WARRANTIES WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. NO IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY SHALL APPLY EXCEPT AS REQUIRED BY APPLICABLE LAW. GIESEMANN DOES NOT AUTHORIZE ANY PERSON OR BUSINESS ENTITY, INCLUDING ITS AUTHORIZED DEALERS, TO CREATE FOR IT ANY OBLIGATIONS, LIABILITIES, OR OTHER WARRANTIES IN CONNECTION WITH THIS PRODUCT.
ALL WARRANTIES ARE VOID IF THERE IS DAMAGE TO THE GIESEMANN PRODUCT THAT IS NOT A RESULT OF A DEFECT IN THE MATERIALS OR WORKMANSHIP. THE SOLE AND EXCLUSIVE REMEDY FOR ALL CLAIMS THAT YOU MAY HAVE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS PRODUCT, WHETHER MADE OR SUFFERED BY YOU OR ANOTHER PERSON AND WHETHER BASED IN CONTRACT OR TORT, SHALL BE REPAIR OR REPLACEMENT OF THE PRODUCT. IN NO EVENT WILL GIESEMANN BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY OF TO USE THE PRODUCT (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR ANY OTHER PECUNIARY LOSS, DAMAGE TO YOUR AQUARIUM OR ANY AQUARIUM INHABITANTS), OR FROM ANY BREACH OF WARRANTY, EVEN IF GIESEMANN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL GIESEMANN’S LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT. IF YOU DISAGREE WITH THESE TERMS AND CONDITIONS DO NOT USE THE GIESEMANN PRODUCT.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions may not apply to you. Giesemann’s warranty is governed by the laws of the European Community (EC), excluding its conflict of laws principles and excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods. This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state.
TECHNICAL SUPPORT: This limited warranty is neither a service nor a support contract.
PLEASE DO NOT DISREGARD THE GIESEMANN WARRANTY REGISTRATION CARD
IMPORTANT: Registration of the GIESEMANN product must be completed within thirty (30) days from the date of purchase for the one (1) year Warranty Period to become effective. Otherwise, the Warranty Period for this GIESEMANN product is thirty (30) days.
REGISTRATION: Your product can be registered in any of the following ways:
Website: To register online, visit http://aquaristik.giesemann.de/511,2,Registration,.html to register your product.
Mail: To register by mail, complete the enclosed Warranty Registration Card and send to the address shown below (must be received within thirty (30) days from purchase).
41334 Nettetal – Germany
Phone: +49 2157 812990
Warranty Terms for Customers in the European Community (EC)
1 Application of Conditions.
Notwithstanding anything which may be contained in any purchase order or other document of the Buyer, goods and services ("Goods") are supplied subject to these conditions alone. By ordering Goods from the Seller the Buyer will be deemed to have accepted that these conditions take precedence over all other either submitted by the Buyer or implied by trade custom, practice or course of dealing unless expressly agreed to in writing by the Seller and signed by a Director or the Secretary of the Company.
The Seller shall make every effort to maintain prices quoted but reserves the right to amend these without prior notice in the event of fluctuations in the cost of raw materials, labour, carriage, overheads, etc or increase in or imposition of duty or taxes, or variance in exchange rates or other adverse trading conditions.
3 Terms of Business.
Payment. Unless otherwise agreed in writing, payment in full is due in respect of Goods delivered without deduction or set off.- Settlement. Unless otherwise stated accounts are due for prepayment by placinfg the order. Interest is payable on all overdue accounts at the rate of 15% per annum from the due date. Failure to pay in accordance with these terms will result in the Seller instructing a third party to obtain settlement and costs incurredthereby shall be charged to the Buyer. These terms or any revised terms as to the time of payment shall be deemed to be of the essence of the Contract.- If facts come to our knowledge which, in the light of due consideration, give rise to justified doubts regarding the customer's solvency, we shall be entitled to make at once payable all claims arising from our business relation, including those for which the term of payment has been extended or for which we have taken bills of exchange in lieu of payment. In such cases we shall be entitled to make any deliveries or render services as yet outstanding only against prepayment or adequate security.
All dates quoted for either despatch or ultimate delivery by the Seller are as estimates only and are not to be of the essence of the Contract. Therefore the Seller shall not be liable for the consequences of any delay in fulfilling the Buyers's order howsoever caused. The Buyer shall nevertheless be bound to accept the Goods ordered when available in the case of non-standard items.- For non standard items, the quantities delivered may vary by 5% either way, and the goods will be invoiced accordingly.- The seller will have the option to deliver call off orders 3 months after their being accepted.- Orders accepted by the Company cannot be countermanded, shipments deferred or goods returned except with the consent of the Company and upon terms that will indemnify the Company against all loss, including the profit on the customer's order or any part of it which is cancelled.
Unless otherwise specified all prices quoted include the cost of packing but no delivery. Incoterms are EXW.
The Buyer must rely entirely on his own skill and judgement as to the suitability of all Goods supplied for any particular purpose or for use under any specific conditions.
7 Title of Goods & Risk.
Although Goods supplied by the Seller shall be at the Buyer's risk immediately upon delivery (and the Buyer should be insured accordingly) the property in the Goods shall not pass to the Buyer until all Goods of the Seller's have been paid for in full. Until such payment the Buyer shall have possession of the Goods as Bailee for the Seller and if such payment is overdue in whole or part the Seller may recover or resell the Goods or any of them and the Buyer hereby grants the Seller an irrevocable right and licence to enter upon it's premises for such purposes. If the Goods are incorporated in other Goods, before full payment, the property in the whole of such other Goods shall be transferred. Nothing in this clause shall prejudice the Seller's other rights.
Goods rejected by the Buyer as not complying with the Contract must be advised within three days of receipt.
9 Errors in Shipment and Goods lost or damaged.
All claims in respect of errors and/or discrepancies in delivery or for loss and/or damage to a consignment or part thereof must be notified in writing within 3 days of delivery to both the Seller and the Carrier and Goods must be retained intact for 14 days pending inspection where required. In case of nondelivery of a entire consignment notice must be given in writing to the Seller within 7 days of receipt of the Invoice or Advice of Despatch.
10 Defects after Delivery and Liability.
The Seller will make good, by repair or at our option by the provision of replacements, defects which under proper use appear in the Goods within 12 Months of delivery and are solely due to poor materials or workmanship. We reserve the right to request the return of alleged defective Goods for inspection if required. It is understood by the Buyer that the Seller's liability in respect of defective or otherwise unmerchantable Goods shall not at any time extend beyond the actual price paid for such Goods; in particular the Seller shall not be liable for any damage to property, nor any consequential loss of whatsoever nature, howsoever caused, arising out of any defect in the Goods or from their failure to correspond to any description or representation, or for their unsuitability for any purpose.
11 Return of Goods.
Should for any reason whatsoever the Buyer wish to return any Goods to the Seller the Buyer must give notice in writing to the Seller with details of description, quantity, number of parcels and gross weight together withreason or reasons for requested return. The Seller shall, at our option, either issue collection instructions to our carrier or request the Buyer to return the Goods carriage paid. In the latter instance should the Goods prove to be defective in worksmanship, quality, or merchantability, the Seller shall refund the cost of carriage on such defective Goods at the Seller's discretion. All Goods returned should be adequately packed and marked 'Fragile' etc where applicable and will travel at the risk of the Buyer. At no time shall the Buyer return any Goods whatsoever without the Seller's prior knowledge and written agreement.
Should delivery of any of the Goods sold be prevented or delayed by happenings or occurrences directly or indirectly due to force majeure or any circumstances whatsoever beyond the control of the Seller, we reserve the right to cancel or suspend deliveries without any liability of whatsoever nature and howsoever caused to the Buyer.
The Seller does not give any warranty that the Goods will be free from any claim of any third party by way of infringement of Letters Patent, Registered Design, Trade Mark or Copyright. Where Goods are supplied in accordance to the Buyer's specifications, design or instructions the Seller must be indemnified by the Buyer that no Letters Patent, Registered Design, Trade Mark or Copyright shall be infringed as a result.
Unless otherwise agreed in writing, all moulds, tools, formers, stereos and the like, whether charged for separately or included in the quoted price, will remain the property of the Sellers.
All Specifications are correct at time of printing but due to the Company's policy of constant review and improvement the Company reserves the right to alter any or all-of it's Specifications without prior notice.
The Contract shall be governed and construed by the Law of Germany.
Giesemann Lichttechnik GmbH
Geschäftsführer: Axel Finken
Sitz der Gesellschaft :
Bürdestr. 14 - 41334 Nettetal - DEUTSCHLAND
Amtsgericht Krefeld HRB8378