Date: November 2024
(1) In addition to the scope of warranty described in § 7 of the General Terms and Conditions for the Sale and Delivery of Goods (B2B) of MOBOTIX AG (hereinafter referred to as “GTC”), MOBOTIX AG, Kaiserstraße, 67722 Langmeil (hereinafter referred to as “MOBOTIX”) grants its business customers (cf. § 14 BGB) a guaranty (§ 443 BGB) in accordance with the following conditions.
(2) This guaranty does not limit the Customer's relevant statutory and contractual rights – in particular to a warranty – in accordance with §§ 7 - 9 of the GTC. The Customer can exercise its rights under the guaranty free of charge, unless these guaranty conditions state otherwise. The guarantor is MOBOTIX.
(3) MOBOTIX guaranties that new MOBOTIX products are free from product defects and defects in title for a period of five (5) years from the date of transfer of risk to the Customer. Refurbished products (so-called Refurbished Products) and used products are expressly excluded from the guaranty.
(4) The Customer must notify MOBOTIX of the intended claim under the guaranty without undue delay, but no later than 10 calendar days after the discovery of a defect. To do so, the Customer shall send an e-mail to rma@mobotix.com quoting the order and article number. Section 7 (2) of the GTC shall apply accordingly. The Customer is obliged to make the goods available to MOBOTIX at the Customer's own expense at the registered office of MOBOTIX, Kaiserstraße, 67722 Langmeil, Germany, within a further 10 calendar days of registering the guaranty claim. For this purpose, MOBOTIX will provide the Customer with an RMA number (return number) free of charge, which the Customer must enclose with the return shipment. If the Customer fails to register, provide the products or cooperate in any other way necessary for a proper examination of the guaranty claim in due time, the Customer shall lose his rights under the guaranty. MOBOTIX reserves the right to examine the products subject to a complaint and to determine whether the conditions for claiming a guaranty (see section (6) below and in particular the exclusions in section (7)) are met in the individual case.
(5) As part of the guaranty service, MOBOTIX will repair the defective products free of charge or deliver a new or technically equivalent used product to the Customer free of charge. MOBOTIX will choose between the options mentioned in sentence 1 at its own dutiful discretion in each individual case.
(6) The guaranty only covers the services listed in these guaranty conditions. The guaranty does not cover the reimbursement of other costs that may arise in the course of returning the products to MOBOTIX, in particular the reimbursement of installation and removal costs and transport costs. The Customer shall bear the other costs incurred in connection with the guaranty claim; the statutory provisions and cost regulations in the event of a warranty claim shall remain unaffected.
(7) The following product components and issues are not included in the guaranty:
(a) Wear parts, in particular motorized lenses or zoom lenses, pan and tilt motors, fans, toothed belt pulleys, slip rings, ATX power supplies, adapters, PTZ dome cameras and fixed dome products, hard disks, memory cards, batteries;
(b) defects resulting from modifications, accidents, negligence, power fluctuations, lightning, water damage or other force majeure events;
(c) defects resulting from external devices or accessories (e.g. damaged power cord);
(d) defects resulting from interaction with non-standard or customized devices;
(e) defects resulting from incorrect installation or adjustment of the controls or improper maintenance or operation of the products or improper handling of the products by the Customer or third parties;
(f) deterioration of the appearance of the product, e.g. due to aging or loss of accessories;
(g) defects that are due to improper behavior or improper use by the Customer or a third party.
(8) The guaranty is expressly only valid to the extent described in these guaranty conditions with respect to the Customer. Guaranty declarations by the Customer with respect to third parties in relation to the products that lead to claims by third parties that go beyond the scope defined in these guaranty conditions require the prior written consent of MOBOTIX and are otherwise to be refrained from. The Customer is obliged to immediately release MOBOTIX from any third-party claims that may arise from the Customer's guaranty obligations and exceed the scope of this guaranty.
(9) §§ 15 and 16 of the GTC shall apply accordingly.
