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Appendix
Page 79
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 WACOM, nor for damages arising from wilful or grossly negligent behaviour
on the part of WACOM, from damages leading to loss of life, personal injury or sickness or in the case of binding
legal provisions. For slight negligence, WACOM 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 WACOM 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 Federal Republic of Germany shall apply to this agreement. However, the applicability of the
United Nations Convention on Contracts for the International Sale of Goods is explicitly excluded. Krefeld 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.
The jurisdiction agreement shall also apply for customers who do not have a general place of jurisdiction in
Germany. The jurisdiction agreement shall not apply if, due to legal provisions, a different sole place of jurisdiction
must be established for the case. Furthermore, WACOM is authorised to file a lawsuit against the headquarters of
the customer.
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
WACOM 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 and Cintiq
products shall be guaranteed for a warranty period of THREE (3) 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, WACOM 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,
WACOM 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.
WACOM 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 WACOM; (c) the damage resulted from normal wear and tear;
or d) the serial number affixed by WACOM 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.