Warranty And Liability - Whisper Power Power Plus User Manual

28 WhisperPower Lithium Power Plus 12 V 105 Ah

11. Warranty and liability

11.1 Upon delivery the customer is obliged to immediately verify whether the
products have been damaged during transport. In the event that any such damage
has arisen, the customer must notify Whisper Power thereof as soon as possible,
in any event no later than three (3) days of delivery, by means of accurate, written
statement, stating the damage and where possible a photograph. Failure to inspect
the products and inform Whisper Power within the stated time or the use of the
products at any time shall be conclusive evidence that Whisper Power has satisfac-
torily tendered delivery.
11.2 In the event that the customer demonstrates that any of the delivered prod-
ucts do not conform to the agreement, Whisper Power (at its option, upon having
received those products returned by the customer) has the option to either repair
or replace such products by new products, or to refund the invoice value, exclusive
of any dispatch costs.
11.3 Whisper Power grants a three year limited warranty for damages caused by
manufacturing defects starting at the time of delivery. Damages caused by manu-
facturing defects do not include damage resulting from (a) general wear and tear,
(b) short circuit, (c) overcharging, (d) deep discharging, (e) overheating of Whisper
Power products (f) installation of the Whisper Power product by persons unskilled
to work with electro-technical devices or components, (g) any other wrongful use
contrary to the Whisper Power's user manual or the safety instruction, (h) any use
contrary to the product specifications of that product; (i) any acts of force majeure.
11.4 Except as specified in the clause 11.3 Whisper Power makes no warranty,
whether express or implied, including without limitation any implied warranty of
merchantability and fitness for a particular purpose or any warranty arising from
any course of dealing, course of performance or usage of trade and specifically
disclaims any representation or warranty that the product will meet customer's
requirements, perform any specific function or achieve a desired result other than
expressly stated by Whisper Power in writing.
11.5 Any liability to the customer in any case ceases to apply in the event that the
customer fails to notify Whisper Power of the existence of the defect within ten
(10) days of having discovered the defect, in writing, in order to enable Whisper
Power to investigate the damage. Some of Whisper Power's products electronically
store usage data, including charging/discharging data, in order to enable Whisper
Power to analyze such data retroactively when investigating damage.
11.6 Any liability of Whisper Power for damage suffered by the customer is in any
case limited to the invoice amount of the relevant products, unless such damage
has been caused by gross negligence or willful misconduct of Whisper Power.
Whisper Power can never be held liable for (a) damage caused by any of the