Barix Exstreamer 105

The warranty period for defects due to material flaws, design errors or demonstrably careless work within the framework of software development lasts for two years with regard to hardware and one year with regard to software. The warranty period begins when the delivery is dispatched by Barix (for hardware or standard software) or upon acceptance of the software by the contractual partner (for individually developed software). If the contractual partner has purchased the product for the purpose of resale, carefully stored it and not used it, the warranty period is extended by the amount of time during which the product is stored at the contractual partner's site, but by no longer than one year. The contractual partner undertakes to notify Barix in writing (along with a detailed description) immediately, and no later than within 20 days, of any hidden defects identified during the warranty period. The warranty is excluded in the case of defects which would have been identifiable during a proper inspection of the products, as specified in point 7 of these General Terms. The warranty is also excluded for defects which Barix is not responsible for, e.g. natural wear and tear, force majeure, treatment and usage by the contractual partner or third parties which is inappropriate and contrary to regulations and purpose, interventions by the contractual partner or third parties, excessive loads, unsuitable equipment, faulty maintenance or extreme environmental influences, as well as in the case of modifications made by the contractual partner to the products before reselling them to third parties. Barix does not guarantee that the products which it delivers, processes or develops can be used uninterruptedly and absolutely flawlessly. Barix undertakes to repair or replace, at its own discretion and as quickly as possible, products which are demonstrably defective during the warranty period due to the use of bad-quality materials, faulty design or poor workmanship, or which do not have the contractually guaranteed features or functions. The contractual partner must provide Barix with all the relevant information for this. Replaced parts are the property of Barix. If it transpires that Barix is not responsible for a particular defect, the product will be repaired by Barix against payment. In the event of demonstrably defective performance on the part of Barix within the framework of an individual software development, the right of rectification is explicitly reserved. In each case, Barix is liable only for direct or indirect damage which has occurred at the contractual partner's site. Liability for indirect or consequential damage, such as lost profits, third-party claims or damage caused by the contractual partner's failure to comply with contractual obligations is thus explicitly excluded. The contractual partner does not have any further rights arising out of product defects other than those explicitly mentioned above.