Annex 41
devolo GigaGate
5Operating mistakes
If it becomes apparent that the reported malfunction of the device
has been caused by unsuitable hardware, software, installation or
operation, devolo reserves the right to charge the purchaser for the
resulting testing costs.
6 Additional regulations
The above conditions define the complete scope of devolo's legal
liability.
a) The warranty gives no entitlement to additional claims, such as
any refund in full or in part. Compensation 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 cases of intentional
act or culpable negligence.
b) Claims for compensation of lost profits, indirect or consequen-
tial detriments, are excluded.
c) devolo is not liable for lost data or retrieval of lost data in
cases of slight and ordinary negligence.
d) In the case that the intentional or culpable negligence of
devolo employees has caused a loss of data, devolo will be
liable for those costs typical to the recovery of data where peri-
odic security data back-ups have been made.
e) The warranty is valid only for the first purchaser and is not
transferable.
f) 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 Ger-
many or if he moves his domicile out of Germany after conclu-
sion of the contract, devolo's court of jurisdiction applies. This
is also applicable if the purchaser's domicile is not known at
the time of institution of proceedings.
g) The law of the Federal Republic of Germany is applicable. The
UN commercial law does not apply to dealings between devolo
and the purchaser.
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Weight and Dimensions
