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The following sentence applies to purchases of
equipment for the customer's trade, business
or profession. Except as otherwise expressly
provided in this document and to the extent
permitted by law, SAGEM makes no represen-
tations or warranties, express or implied, statu-
tory or otherwise, and to such extent, all terms
and conditions implied by law are hereby ex-
cluded. This guarantee does not affect the cus-
tomer's statutory rights.
B Exclusions from guarantee
SAGEM shall have no liability under the guar-
antee in respect of:
•
damage, defects breakdown or malfunction
due to:
·
failure to properly follow the installation
process and instructions for use; or
·
an external cause to the equipment (includ-
ing but not limited to, lightening, fi re, shock
or water damage of any nature); or
·
modifi cations made without the written ap-
proval of SAGEM; or
·
a failure or neglect to maintain the equip-
ment or inappropriate maintenance; or
·
unsuitable operating conditions, particularly
of temperature and humidity; or
·
repair or maintenance of the equipment by
persons not authorised by SAGEM; or
•
wear and tear from normal daily use of the
equipment and its accessories
•
damage due to insuffi cient or bad packaging
of equipment when returned to SAGEM
•
supply of new versions of software
•
work on any equipment or software modifi ed
or added without the prior written consent of
SAGEM
•
malfunctions not resulting from the equip-
ment or from software installed in user work-
stations for the purpose of use of the equip-
ment
•
communication problems related to an un-
suitable environment, including:
·
problems related to access and/or connec-
tion to the Internet such as interruptions by
access networks or malfunction of the line
used by the subscriber or his correspond-
ent
·
transmission faults (for example poor geo-
graphical coverage by radio transmitters, in-
terference or poor line quality)
·
the local network fault (wiring, servers, work-
stations) or the failure of the transmission
network
•
the normal servicing (as defi ned in the user
guide supplied with the equipment) as well
as malfunctioning due to servicing not being
carried out, servicing costs are in any event
always borne by the customer.
C In the cases set forth in § B as well as af-
ter expiry of the twelve month guarantee peri-
od, the customer must ask SAGEM for an esti-
mate, and he/she must accept the estimate and
agree to pay the charges mentioned in it before
returning the equipment to SAGEM. The repair
and delivery costs will be invoiced to the cus-
tomer.
The foregoing shall apply unless otherwise
agreed in writing with the customer and only for
the UK. If any provision of this guarantee shall
be held to be in whole or in part invalid or illegal
due to an obligatory rule applicable to consum-
ers pursuant to their national legislation, such
invalidity or illegality shall not impair or affect
the remaining provisions or parts of this guar-
antee.
29
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