the elsa ag warranty is given to purchasers of elsa products in addition to the warranty conditions provided by law and in accordance with the following conditions:

    1 warranty coverage

    a) the warranty covers the equipment delivered and all its parts. parts will, at our sole discretion, be replaced or repaired free of charge if, despite proven proper handling and adherence to the operating instructions, these parts became defective due to fabrication and/or material defects. also we reserve the right to replace the defective product by a successor product or repay the original purchase price to the buyer in exchange to the defective product. operating manuals and possibly supplied software are excluded from the warranty.

    b) material and service charges shall be covered by us, but not shipping and handling costs involved in transport from the buyer to the service station and/or to us.

    c) replaced parts become property of elsa.

    d) elsa are authorized to carry out technical changes (e.g. firmware updates) beyond repair and replacement of defective parts in order to bring the equipment up to the current technical state. this does not result in any additional charge for the customer. a legal claim to this service does not exist.

    2 warranty period

    the warranty period for elsa products is six years. this period begins at the day of delivery from the elsa dealer. warranty services do not result in an extension of the warranty period nor do they initiate a new warranty period. the warranty period for installed replacement parts ends with the warranty period of the device as a whole.

    3 warranty procedure

    a) if defects appear during the warranty period, the warranty claims must be made immediately, at the latest within a period of 7 days.

    b) in the case of any externally visible damage arising from transport (e.g. damage to the housing), the transport company representative and elsa should be informed immediately. on discovery of damage which is not externally visible, the transport company and elsa are to be immediately informed in writing, at the latest within 7 days of delivery.

    c) transport to and from the location where the warranty claim is accepted and/or the repaired device is exchanged, is at the purchaser's own risk and cost.

    d) warranty claims are only valid if the original purchase receipt is returned with the device.

    4 suspension of the warranty

    all warranty claims will be deemed invalid

    a) if the device is damaged or destroyed as a result of acts of nature or by environmental influences (moisture, electric shock, dust, etc.),

    b) if the device was stored or operated under conditions not in compliance with the technical specifications,

    c) if the damage occurred due to incorrect handling, especially to non-observance of the system description and the operating instructions,

    d) if the device was opened, repaired or modified by persons not authorized by elsa,

    e) if the device shows any kind of mechanical damage,

    f) if in the case of an elsa monitor, damage to the cathode ray tube (crt) has been caused especially by mechanical load (e.g. from shock to the pitch mask assembly or damage to the glass tube), by strong magnetic fields near the crt (colored dots on the screen), or through the permanent display of an unchanging image (phosphor burnt),

    g) if, and in as far as, the luminance of the tft panel backlighting gradually decreases with time, or

    h) if the warranty claim has not been reported in accordance with 3a) or 3b).

    5 operating mistakes

    if it becomes apparent that the reported malfunction of the device has been caused by unsuitable software, hardware, installation or operation, elsa reserves the right to charge the purchaser for the resulting testing costs.

    6 additional regulations

    a) the above conditions define the complete scope of elsa’s legal liability.

    b) 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.

    c) claims for compensation of lost profits, indirect or consequential detriments, are excluded.

    d) elsa is not liable for lost data or retrieval of lost data in cases of slight and ordinary negligence.

    e) in the case that the intentional or culpable negligence of elsa employees has caused a loss of data, elsa will be liable for those costs typical to the recovery of data where periodic security data back-ups have been made.

    f) the warranty is valid only for the first purchaser and is not transferable.

    g) 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 germany or if he moves his domicile out of germany after conclusion of the contract, elsa’s court of jurisdiction applies. this is also applicable if the purchaser's domicile is not known at the time of institution of proceedings.

    h) the law of the federal republic of germany is applicable. the un commercial law does not apply to dealings between elsa and the purchaser.