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108
Index
Contents
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.