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X. Notices of defects for defects not discovered on receipt of
the goods
The purchaser must give notice of defects identifiable on re-
ceipt (analogous procedure as in Pt. 9) as soon as they are
recognised, however at the latest before expiry of the warranty
period pursuant to Point 11.
XI. Warranty/ duration and beginning
It is expressly pointed out that the function of the delivery item
during the warranty period and beyond is only possible if the
specifications corresponding to the delivery item are precisely
adhered to and fulfilled. The operational guidelines are an in-
trinsic part of the delivered equipment and essential to its cor-
rect operations.
Subjects of the specification include:
a) The operating manual with the instructions on operating the
equipment.
b) In particular, the data of the fuels permitted and appropriate
for the burner system (see Enclosuer 1010-1 Minimum re-
quirements for wood fuels, instructions)
c) The handover certificate with the settings report and the
specification of the fuel at the time of the handover
d) Maintenance and service plan.
e) The legal framework to be adhered to and fulfilled. Provided
that this requirement is met, the following periods apply for the
warranty:
1. 5 years - on seal warranty for burners and tanks
Warranty on water tightness of water bearing, welded con-
struction such as the burner, heat storage tank and utility wa-
ter heater (electric heater not included), is 5 years as of date
of delivery.
2. 2 years - for electrical and other parts
The warranty deed for all electronic and other parts such as
controllers, regulators, sensors and drives, motor-driven parts
and parts that are not motor-driven, etc. persists for two years
from the day of delivery.
3. Normal Wear, Oils and Lubricants
There is no warranty on parts subjected to normal wear such
as seals, etc. Also oils and lubricants, such as hydraulic oils
etc. carry no warranty. Normal wear is also present in the fire-
proof coatings (surface wear, wear around the edges, cracks
etc) that do not lead to any malfunction of the equipment- are
not covered by warranty.
New parts carry the stipulated new parts warranty. No war-
ranty extension on original parts that had no complaints.
XII. Payment
1. Payment must be made according to the agreed payment
conditions. Reducing or withholding payments on the basis of
complaints, credit memos that have not been issued yet or
counterclaims not recognised by the supplier is not prohibited.
2. The terms of payment must be adhered to, even if minor, non-
essential parts are missing in the delivery or must be reworked
after delivery, as long as they do not impair the operations of
the equipment.
3. If the purchaser is in default with an agreed payment or other
performance, the supplier can either insist upon fulfilment of
the contract and charge default
a) then the supplier may insist on the payment of the outstanding
amount in rates or delay agreed services
b) extend the terms of payment on the outstanding amount
Köb Holzheizsysteme GmbH, Flotzbachstr. 33, A-6922 Wolfurt, Tel. +43/5574/6770-0, Fax 65707, E-Mail: office@kob.cc
Spec Sheet
General Terms of Delivery
Subject to technical changes
c) invoice the buyer with the entire out-
standing amount for immediate settlement
d) interest at standard bank rates
add the usual bank interest rates t the outstanding amount or
step away from the contract after granting the buyer a reason-
able period of respite.
XIII. Liabilities
The supplier is not liable to the buyer for any losses occurred
due to interruptions in production, financial losses, missed op-
portunities, breakdowns, lost contracts or any other economi-
cal transaction or for any indirectly occurred losses.
XIV. Limits of Liabilities
Acts of God are unpredictable occurrences beyond the control
of either party and may be the cause the contract not being
partially nor totally fulfilled.
Acts of God in this case are:
Fire, conscription, confiscation, embargos, prohibition of cur-
rency transfers, rebellion, unavailable means of transportation,
general lack of supply goods, limits set to energy consump-
tion, plane crash, volcanic eruption, earth quake, avalanche,
landslides, hurricanes, tidal waves, etc.
XV. Jurisdiction and other regulations
Frankfurt am Main is the jurisdiction. German law applies. The
uniform law over the international purchase of chattel and the
UN Convention on Contracts for the International Sale of
Goods (CISG) are not applicable.
1000-2
2009-03-01_GB
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