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11 Warranty
The OCHSNER Company's general terms of deliv-
ery Retrievable at www.ochsner.at
The design and sizing of the system must be
-
carried out in accordance with the OCHSNER
guidelines and standards applicable at the re-
spective time.
Warranty period: For supplied appliances, we
-
accept a warranty for a period of 2 years from
commissioning, however, not more than 27
months from delivery. Recourse claims pursu-
ant to section 933 b ABGB (Austrian Civil Code)
are excluded. The place of performance for all
warranty claims and claims for damages is the
Company's registered place of business.
The heat pump must be com-
-
Commissioning:
missioned by the OCHSNER customer service
or by an authorised Ochsner service partner.
Commissioning of the heat pump by the Sup-
plier does not lead to any transfer of liability
for potential defects in the system. If commis-
sioning is carried out under reservation or by
persons who have not been authorised ac-
cordingly in writing, any warranty claims shall
cease to apply.
Warranty conditions (excerpt from the
Standard Terms and Conditions of Supply)
The Customer shall be obligated to make noti-
-
fication in writing of any defects immediately,
however, at the most within 3 days from de-
livery, and prior to any work on, or processing
of, the goods, including an exact description of
the defects, as otherwise any warranty claims
and/or claims for damages and/or claims for
avoidance on account of an error shall be ex-
cluded; however, such defects shall not give
the Customer the right to withhold the invoice
sums or parts thereof. In the event of visible
transport damage, the Customer shall be obli-
gated to inspect the goods prior to taking over
the transport goods, and to report any imme-
diately visible transport damage.
BA OCHSNER AQUA TERRA_EN_V01.1.docx
For defects which were unable to be found
-
during the incoming inspection, the warranty
period shall be two years from delivery, and
shall neither be extended nor suspended by
improvement attempts; it shall also apply to
partial deliveries. Such defects are to be re-
ported in writing within 3 days from their dis-
covery, otherwise all claims for guarantee
and/or damage claims and/or rescission on
the grounds of error will be excluded. These
defect do not, however, entitle the customer
to withhold invoice amounts or parts thereof.
Deviations of the ordered products from the
-
delivered products, such as incorrect dimen-
sions or wrong product ("aliud delivery") must
be notified within 3 days from delivery, and
prior to any forwarding and/or work on, or
processing of, the goods Otherwise, the object
shall be deemed to have been approved and
can no longer be taken back or exchanged by
us.
Our consultancy services, whether verbal or in
-
writing, are non-binding and will not release
our Customers from the obligation of them-
selves examining the contractual product with
regard to its suitability for the intended pur-
pose. For subsequent deliveries, we do not ac-
cept any warranty with regard to the exact
identity with the initial delivery. The commis-
sioning of the Ochsner machines must always
be carried out by Ochsner or by a service part-
ner authorised in writing by Ochsner. Commis-
sioning itself is limited to the components sup-
plied by Ochsner, but does not include the en-
tire heating system or system components
which were not delivered by Ochsner. The as-
sumption of liability after commissioning for
the entire heating system or for third-party
system components is excluded.
The technical requirements for the design and
-
installation of the system of the products sup-
plied by us as set out in manuals, installation
instructions or similar documents only contain
standard minimum requirements,
without any claim to comprehensiveness. The
Customer is obligated to comply with state-of-
the-art technology in this context, as well as
with the current OCHSNER guidelines, other-
wise all warranty claims and any
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