aguti S2 Montageanleitung Handbuch - Seite 8

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General information

Warranty

1. If the buyer is a entrepreneur, we offer a

guarantee for defects in the item of either

rectification oft he defects or a replacement

delivery, by our choice.

2. If the purchaser is a consumer, he or she

can first choose whether the subsequent

performance will take place by way of rectifi-

cation or replacement delivery. However, we

are entitled to refuse the type of subsequent

performance chosen if this is only possible at

an unreasonable cost and if the other type of

subsequent performance does not cause a

significant disadvantage to the consumer

3. If the type of subsequent performance

chosen by the customer is unsuccessful, i.e.

if the defect is not rectified or if a fault-free

item is not delivered, the customer can

fundamentally choose to either lower the

compensation (reduction) or have the con-

tract nullified (withdrawal). However, in the

event of an insignificant contractual violation,

particularly for insignificant defects, where

the subsequent performance chosen by the

customer is only possible at an unreasonable

cost, the customer shall not be entitled to a

withdrawal.

4. Entrepreneurs must report obvious

defects in writing within the time laid down

in section 377 HGB; otherwise the right to

assert guarantee claims shall be excluded.

If the notification of defect is sent in a timely

Torque table

Strength class Nm

8.8

10.9

2,2

3,2

4,3

6,3

7,4

10,9

17,9

26,2

M10

36,0

53,0

M12

60,0

90,0

M14

M16

60,0

M20

M24

7/16'

40,0

7/16 screws are to be fixed with medium

strength thread locking.

Deviation of maximum permissible torque

Screws up to M8

12%+- deviation

Screws up to M16

10%+- deviation

Screws up to M24

5%+- deviation

Screw 7/16

5%+- deviation

Aguti Produktentwicklung

& Design GmbH

Bildstock 18/3

D - 88085 Langenargen

manner, the deadline is considered to have

been met. The burden of proof falls entirely

to the entrepreneur for all claim require-

ments, particularly for the defect itself, for

the date when the defect was discovered

and for the timeliness of the defect com-

plaint.

Consumers must inform us in writing of

any obvious defects, within 2 months of

the date when the goods were discovered

to be in violation of contractual standards.

Compliance with this deadline is based

on receipt of the notification by metalfo-

am. If the consumer fails to provide such

notification, the guarantee rights shall lapse

2 months after the defect is discovered. This

does not apply in the event of malice on

the part of the seller. The consumer shall

bear the burden of proof for the date the

defect was discovered. If the consumer was

persuaded to purchase the item through

inaccurate claims by the manufacturer, the

consumer shall bear the burden of proof for

its purchasing decision. For used goods, the

consumer shall bear the burden of proof for

the item's defectiveness.

5. If, due to a legal or material defect, the

customer chooses to withdraw from the

contract, the customer shall not be entitled

to any additional damage claims due to the

defect. If the customer chooses to claim

damages after an unsuccessful subsequent

performance, the goods shall remain with

the customer if this is reasonable. The da-

mage compensation shall be limited to the

difference between the purchase price and

the value of the defective item. This shall

not apply if we maliciously committed the

contractual violation.

6. For entrepreneurs, the guarantee period

12.9

is 1 year as of the delivery or transfer of the

goods. For consumers, the grace period

3,8

shall be 2 years as of the delivery of the

7,3

goods. However, this shall not apply if the

customer does not notify metalfoam of the

12,7

defect in a timely manner corresponding to

30,7

the notification period given in Point 4.

61,0

7. If the purchaser is an entrepreneur, only

105,0

the manufacturer's product description shall

determine the agreed characteristics. Public

statements, claims or advertisements by the

manufacturer do not constitute contractual-

ly guaranteed characteristics of the goods.

8. The client does not receive warranties in

the legal meaning from us; warranties of the

manufacturers will remainunaffected by this.

9. If the customer receives deficient

assembly instructions, we shall be merely

obligated to supply defect-free assembly

instructions and this also only if the defect in

the assembly instructions stands in the way

of proper assembly.

T +49 7543 9621.60

[email protected]

www.aguti.com

§ 9 Limitations of liability

1. In the event of slightly negligent violations

of obligation, our liability shall be limited

to the average direct damages that are

foreseeable and typical in contracts for this

type of goods. This also applies to slightly

negligent violations of obligation by legal

representatives, managing employees

and other agents. In the event of a slightly

negligent violation of insignificant contrac-

tual obligations, we shall not be liable to

entrepreneurs.

2. The present liability limitations do not

apply to the customer's claims arising from

product liability. Furthermore, the liability

limitations do not apply to attributable

damages to body or health, or in the event

of the customer's loss of life.

3. The customer's damage claims due to a

defect shall lapse one year after the delivery

or transfer of the goods. This shall not apply

if metalfoam can be accused of malice, or in

the event of attributable damages to body

or health, or in the event of the customer's

loss of life.

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