Document Revision: ERAVAP_a-8018 5
1.2 Warranty terms
Any product manufactured by eralytics GmbH is sold to the purchaser (herein after referred to
as Customer) on the following basis and none other. All implied warranties of merchantability
and of fitness for a particular purpose are hereby expressly excluded.
(a) Products are warranted against defects in material and workmanship for a period of
one year (Warranty Period) from the date of purchase.
(b) eralytics GmbH will, without charge, at its option, replace or repair Products that fail as
a result of defective materials or workmanship within the Warranty Period.
(c) None of the obligations assigned to eralytics GmbH by this paragraph shall apply to
any Products which have been repaired, altered or modified at the instance of Customer,
unless Customer has disclosed the nature and full extent to any proposed repair, alteration or
modification to eralytics GmbH in writing before it has been effected, and obtained an
undertaking from eralytics GmbH that any outstanding warranty obligations in respect of such
Products will continue to apply to such Products despite such repair or alteration. eralytics
GmbH retains an unfettered discretion to grant or refuse any such undertaking.
(d) None of the obligations of eralytics GmbH in this Warranty shall apply to any Products
which have been subjected to misuse, neglect, accident, or (without restricting the generality
of the foregoing) any extreme environmental condition or improper handling.
(e) lf defective Products are returned to eralytics GmbH, the costs of such return will be
borne by the customer, and those of delivering the repaired or replacement Products to the
customer will be borne by eralytics GmbH.
eralytics GmbH ‘s sole liability hereunder shall be to repair or replace any product which proves
to be defective. In no event shall eralytics GmbH be liable for any special incidental,
consequential, indirect or other similar damages arising from failure of its Products.
LIMITATION OF REMEDIES
Neither eralytics GmbH nor the Customer will be liable to the other for any special, incidental,
consequential, indirect or other similar damages arising from breach of warranty,
indemnifications, breach of contract, negligence, strict liability or any other kind of civil liability.
eralytics GmbH ‘s total liability in connection with this agreement shall in no event exceed the
amount paid or payable by the Customer in respect of the product which is the cause of such
liability on the part of the company.
OBLIGATION OF THE CUSTOMER
The Customer agrees, as a condition of purchase of a product from eralytics GmbH, not to
reproduce any part of the Product. The Customer also agrees not to make unauthorized use
of the proprietary information which belongs to eralytics GmbH.
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