72 ActivPanel User Guide
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 Promethean, nor for damages arising from wilful or grossly
negligent behaviour on the part of Promethean, from damages leading to loss of life, personal injury or
sickness or in the case of binding legal provisions. For slight negligence, Promethean 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 Promethean 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 United Kingdom shall apply to this agreement. However, the applicability of the United
Nations Convention on Contracts for the International Sale of Goods is explicitly excluded. Blackburn 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.
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
Promethean 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
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, Promethean 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 product-excluding any software-is discovered to be faulty it must be returned immediately to the
place of purchase in its original packaging within the warranty period together with your name, address and
telephone number, a description of the problem and a copy of the original receipt. The customer shall be
liable for any possible damage or loss of the product during transit for this purpose. Under the provisions
of this warranty, Promethean only undertakes to repair or replace the faulty product or parts at its own
discretion, in cases where defects are proven and the product is sent within the warranty period.
Promethean 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 Promethean; (c) the damage resulted
from normal wear and tear; or d) the serial number affixed by Promethean 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.
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