Manufacturer’s warranty

I. General provisions
EMUK GmbH & Co. KG grants this manufacturer's warranty to consumers for EMUK products in addition to the statutory warranty to which the consumer is entitled against the seller. It is valid without prejudice to mandatory statutory liability regulations, for example, according to the German Product Liability Act (ProdHG), in cases of intent or gross negligence, the loss of life, physical injury or the impairment of health by EMUK or its vicarious agents.
“Consumer” in terms of this manufacturer's warranty means any natural person who is the owner of the product and did not acquire it for the purpose of resale. “First customer” means the consumer who first acquired the product from EMUK, a dealer or another natural or legal person who resells the product in the course of their commercial or independent occupational activity.
II. Warranty protection
EMUK guarantees consumers that its products are free of material, manufacturing and design defects. Here the state of science and technology at the time of manufacturing is relevant. The product must have already exhibited the defect that caused the damage at that time. Compensation claims for consequential damage or based on product liability exist only according to the provisions of applicable mandatory legal regulations.
This warranty applies for a term of 5 years from the date of purchase by the first customer. The warranty term is not extended in case of performance under this warranty, in particular not in case of repair or replacement. The warranty term also does not restart in these cases.
III. Written reporting of defects
The consumer can only assert the rights under this warranty by reporting defects in writing within the warranty term to EMUK or the dealer from whom the first customer purchased the product. Furthermore, the consumer has to report the defect within two months after it is discovered or should have been discovered. It is up to the consumer to prove that the warranty term has not expired (for example, by submitting the first customer's proof of purchase). Where applicable, EMUK has the right to establish the start of the warranty term according to the manufacturing date.
IV. Performance under the warranty
EMUK is free to repair or replace the product or to reimburse the consumer for the purchase price.
As a rule, the consumer sends in the defective product and EMUK bears the incurred costs in warranty cases for replacement parts, repairs and own labour costs as well as possible outlays for transportation or shipment of the product.
In case of replacement, the old product is replaced free of charge with a new product of the same kind, quality and type. If the product in question is no longer manufactured when the defect is reported, EMUK has the right to deliver a similar product.
Manufacturer's warranty
V. Prerequisites and exclusions
Proper installation and maintenance according to the operating manual and the recognised standards of good practice as well as observing the operating manual and using the EMUK products according to the technical instructions are prerequisites for the effectiveness of this warranty. Operating and installation manuals are included with every product, and are available under www.emuk.com.
Warranty claims do not extend to:

• Wear parts such as sponge rubber, due to wear

• Fragile parts such as glass, due to breakage

• Minor deviations of the EMUK products from the specifications that do not affect the product's serviceability

• Product defects caused by installation, transportation and trial operation of the purchase object

• Damage caused by the defective EMUK product

• Exhibition products and similar

The validity of the warranty ends in case of:

• Failure to comply with the installation and user manuals provided or available under www.emuk.com

• Repairs by other than specialised personnel

• Product damage caused by the seller or third parties

• Damage caused by normal wear or intent – in case of damage due to negligence, contributory negligence is amicably taken into account

• Improper installation, storage or use

• Products that have been or are used contrary to their intended purpose

• Damage due to force majeure or natural disasters

VI. Non-warranty cases

• If a product defect turns out not to be covered by this warranty, the costs incurred for the shipment and transportation of the product are borne by the consumer. In addition, the consumer shall bear the costs incurred for the inspection of the product, including possible labour costs. If the consumer, after being informed that the warranty does not apply and about the expected costs to be incurred for repair, wishes to have the product repaired, the consumer shall also bear the costs for replacement parts and the labour costs.

• If the product did not already exhibit the defect at the time of delivery, EMUK decides on a case-by-case basis whether the defect will be rectified on a goodwill basis. The consumer has no legal right to the rectification of defects in this case.

VII. Legal rights
Aside from the rights under the warranty, the consumer has statutory rights. These rights, which may be more favourable for the consumer, are not limited by the warranty. Furthermore, the warranty does not affect the rights that the first customer and where applicable the consumer has against the seller from whom the first customer acquired the product.
VIII. Place of fulfilment, jurisdiction and applicable law
This warranty is subject to the laws of the Federal Republic of Germany; the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) of 11 April 1980 is excluded. The place of fulfilment for the obligations under this warranty is Emmendingen, Germany. To the extent permitted, the jurisdiction is Freiburg, Germany.

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