Warranty for Straumann® CARES products
Straumann's terms of warranty for the supply of dental workpieces via the CARES Internet Portal.
Straumann gives the following warranty on the customized products offered by Straumann on 'http://www.straumann.com/CARES' ('CARES Internet Portal'). This warranty only applies to customized products ("Products") thich are ordered via the CARES Internet Portal. It applies alongside the warranty given in the Standard Terms and Conditions for the Supply of Dental Workpieces via the CARES Internet Portal and replaces any other warranty terms. This warranty does not confer any rights on end-users, particularly patients, dentists and other third parties.
1. Scope of the warranty.
Warranty exclusions
The warranty only applies to defective products. Products
shall be deemed defective if they have defects in materials or workmanship.
No claim may be made under the warranty for any other defects, particularly defects that are attributable to incorrect use/processing by the customer or failure by the customer to follow the instructions on the package insert accompanying the product, actions of third parties or damage in transit.
2.
Warranty period
The warranty is granted for a period of five years from the date
of shipment to the customer. Neither warranty services nor resale shall cause the warranty period to
be extended or a new warranty period to commence.
3. Warranty
claims by the customer
If one of the defects covered by the warranty, as mentioned
above, occurs during the warranty period, Straumann shall rectify it without charge either by refabrication
or by replacement shipment, at its discretion.
Fulfillment of the warranty is conditional upon the customer sending the defective product to Straumann in a sterilized state and together with the fully completed warranty form (available on the CARES Internet Portal) within two weeks from the date on which the defect was discovered. The transport costs and transport risk shall be borne by the customer. The cost of return shipment shall be borne by Straumann in cases covered by the warranty.
The customer has no further-reaching rights under this warranty, particularly no right to a reduction in price, rescission of the contract, reversal of the contract or compensation.
4. Situation in relation to liability for defects
and product liability
This warranty is a limited warranty of durability granted
by Straumann in addition to the general liability for defects pursuant to the Standard Terms and Conditions
for the Supply of Dental Workpieces via the CARES Internet Portal. The warranty is not a quality warranty.
Straumann's liability under the Product Liability Law and for claims in respect of defects is not affected by this warranty. If Straumann is liable to the customer in connection with warranty services, the limitation of liability specified in the Standard Terms and Conditions for the Supply of Dental Workpieces via the CARES Internet Portal shall apply correspondingly.
5. Applicable
law, place of fulfillment, legal venue, partial invalidity
The Standard Terms and
Conditions for the Supply of Dental Workpieces via the CARES Internet Portal shall apply.
