Guarantee & Warranty1. The benefit of this Guarantee applies to the Partner and the benefit of the Warranty shall apply to the End-customer in receipt of the Contractual Products only.
2. Starting from the date of the Acceptance Certificate (AC) so specified in the Contract between the Partner and DISC the Guarantee period and conditions granted by DISC for the Contractual Products, exclusive of the Options so identified in the DISC pricelist, are in accordance with the applicable laws and regulations within the End-customers jurisdiction. It is the responsibility of the Partner to advise DISC at time of each order of the applicable Guarantee conditions within the End-customers jurisdiction.
3. The Warranty period for the Contractual Products, exclusive of the Options so identified in the DISC pricelist, is twenty-four (24) months starting from the date of the AC. Should there be concurrent Guarantee and Warranty periods Warranty conditions start to apply at the expiration of the Guarantee period.
4. In the absence of an AC only the legally required Guarantee period will apply starting from the shipment date for the Contractual Products EXW DISC / Bingen, Germany.
5. The Guarantee and Warranty period for the components of Contractual Products, exclusive of the Options so identified in the DISC pricelist, are: 5.1. twelve (12) month for new parts and 5.2. six (6) month for refurbished parts.
6. Should there be no laws and regulations governing Guarantees within the End-customers jurisdiction the DISC Warranty will apply.
7. Should the legally defined Guarantee period exceed the DISC Warranty period only the Guarantee period will apply.
8. Costs for Guarantee and Warrantee shipments be they Contractual Products or components thereof including but not limited to freight, taxes etc., are covered as follows: 8.1. the DISC Service Partner dispatches goods Delivery, Duty, Paid (DDP); 8.2. DISC dispatches goods Ex Works (EXW) Bingen, Germany.
9. Irrespective of the Guarantee and Warranty status of the Contractual Products Contractual Products may only be shipped in their originally DISC supplied packaging. In the absence of the original DISC provided packaging material the packaging material must be purchased from DISC prior to shipment of the Contractual Products.
10. Through the Return Material Authorisation (RMA) procedure defective Contractual Products or components thereof must be returned to DISC prior to the despatch of any replacement goods by DISC. Pre-shipped replacements will be invoiced and a credited note will be issued after receipt of the defective Contractual Products or components by DISC.
11. If the End-customer makes a Guarantee or Warranty claim against DISC and it turns out that no defect is present or the defect does not obligate DISC under the terms of this Guarantee and Warranty, the DISC Service Partner shall compensate DISC for all resulting costs if the End-customer acted intentionally or with gross negligence in making the incorrect claim.
12. This Guarantee and Warranty shall cease to be effective and expires forthwith if, during the Guarantee and Warranty period specified above: 12.1. the End-customer, Partner or DISC Service Partner permits persons other than DISC certified service staff to effect any replacement of parts, maintenance, adjustments, modifications/changes or repairs to the Deliverables; 12.2. the End-customer fails to maintain the installed Deliverables properly and in accordance with DISC recommendations; 12.3. the End-customer uses the Deliverables with operating supplies other than those that meet DISC specifications or DISC recommended specifications; 12.4. the End-customer ships the Contractual Products in other than DISC provided packaging; 12.5. the End-customer without the prior written consent of DISC: 12.5.1. permits any alteration, addition or attachment to or movement, other than for the purpose of maintenance or installation at other End-customer facilities or sites, of any items of the Deliverables; 12.5.2. assigns or transfers any of its interest under this Contract; 12.5.3. experiences damage through accident, misuse, lightning, vandalism, molestation, terrorist attacks, other natural disasters or through incorrect use; 12.5.4. causes change to the Contractual Products; 12.5.5. removes or makes serial numbers illegible; 12.5.6. exchanges original components between different Contractual products and their original Contractual Product serial number can no longer be determined; 12.5.7. if Contractual Products are operated outside the "operating conditions" specified in the DISC provided documentation.
13. Within the time frame stipulated by the laws and regulations governing Guarantees within the jurisdiction of the End-customer and starting from the date of the AC the DISC Guarantee will cover without burden of proof: 13.1. the free exchange of all defective Contractual Products or parts thereof; 13.2. DISC will use its best efforts to replace or return Guarantee or Warranty items; 13.3. should on-site repair be required it will be at normal DISC Service charge-out rates; 13.4. consumables like media, air filters and packaging do not form part of this Guarantee.
14. The DISC Guarantee may be extended.
15. Defective parts or components that have been claimed under Guarantee contrary to their Guarantee status will be charged under normal spare parts and maintenance terms and conditions.
16. DISC warrants that each item of the Contractual Products whether or not of DISC’s own manufactures are free from defects in workmanship and material under normal use and service. Under this Warranty the burden of proof rests with the DISC Service Partner.
17. The DISC liability under this Warranty is to repair or replace free of charge any of the Contractual Products which fail during the Warranty period as specified under this Appendix. DISC warrants that after an agreed RMA request by the DISC Service Partner any of the Contractual Products under warranty DISC will despatch a replacement to the DISC Service Partner within five (5) working days. Warranty parts replacement will be in accordance with the RMA conditions. Should there be a delay due to material shortages DISC will use its best efforts to ensure delivery of the parts under Warranty.
18. Unless expressly agreed otherwise, DISC does not warrant the correctness, up-to-date status, quality, function, freedom from error, or suitability for a particular purpose, of the data and information provided.
19. DISC and the Partner agree that explanations and descriptions contained in documentation and/or price lists do not represent a promise that particular characteristics are present. Furthermore specifications in manuals/documentation and/or advertising material that refer to a product's extension possibilities or available accessories are not binding.
20. The DISC appointed Service Partner stipulated elsewhere in this Contract shall report to DISC defects that occur during the Guarantee and Warranty period immediately.
21. The Warranty does not cover repair of defects that arise through normal wear and tear of moving parts such as mail-slots, drives and lifts, external influences, or operating errors.
22. After the conclusion of a Warranty call the DISC Service Partner will inform DISC and the Partner in writing of the successfully concluded Warranty call.
23. DISC will repair or replace defective components or parts under the terms of this Guarantee and Warranty. DISC reserves the right to replace or substitute in the case of end-of-life (EOL) components or parts, components or parts with functionally equivalent components or parts. Adjustments to and costs arising from host application software changes that maybe needed as a result of an EOL component or parts replacement are the End-customer's responsibility.
24. It is the End-customer's responsibility to ensure the necessary data backup. DISC is not liable for lost data or the costs of replacing lost data unless DISC acted intentionally or with gross negligence and the End-customer has ensured retrieval of data in a reasonable fashion through appropriate and customary backup measures.
25. The customer is obligated to grant DISC the necessary time and opportunity to perform repairs.
26. DISC documentation will be in the English language only unless a translation has been requested as a Deliverable and chargeable item.
27. From the outset of a Warranty claim the End-customer must always provide the DISC Service Provider with original serial numbers either at the component or systems level or both. |