ESYLUX GmbH, An der Strusbek 40, 22926 Ahrensburg, Germany (hereinafter "ESYLUX") is granting the following manufacturer's guarantee to customers who are entrepreneurs. An entrepreneur is a natural person or legal entity or a judicable partnership which acts in the course of its commercial or independent professional activity at the conclusion of the purchase.
I. Content and subject of the guarantee
This manufacturer's guarantee applies to products from 1 January 2018. The conclusion of the purchase agreement with ESYLUX is decisive. In case of products purchased after 1 January 2018, whose operating instructions contain guarantee conditions deviating from these guarantee conditions, these guarantee conditions shall apply if and to the extent that they are more advantageous to the customer than the guarantee conditions in the operating instructions.
All ESYLUX products meet the highest quality standards. Therefore, ESYLUX grants that those products which are marked with the brand "ESYLUX" and which have been purchased by the customer from ESYLUX, from a distribution company of ESYLUX or from dealers who obtained the products from ESYLUX or from a distribution company of ESYLUX, are free from manufacturing and material defects if they are used in accordance with the provisions of these guarantee conditions.
The guarantee period is based on the respective product series and is indicated on the website www.esylux.com on the respective product page as well as in the data sheet of the product which can be downloaded there.
The guarantee covers only material, construction or production defects. The guarantee is characterized by the fact that the customer is able to register defects, even after the expiry of the statutory and/or contractual liability for material defects. This time extension of the "liability for defects" does not mean, however, that the customer receives rights against ESYLUX from the guarantee, which extend the liability for material defects of ESYLUX substantively.
The guarantee is only valid under the conditions that
II. Additional information on LED products
Additional information on LED products: With respect to LED products, a luminous flux decrease up to a value of 0,6% / 1000 operating hours corresponds to the state of the art and is not covered by the guarantee. The colour tolerance of LED modules is not covered by the manufacturer's guarantee. In case of a new LED module the luminous flux and the power are subject to a tolerance of +/-10%. All relevant technical data is listed in the product and application specifications (in particular according to the data sheet, product brochure and the like). With respect to subsequent deliveries of LED products there may be deviations in the light features from the original products due to technical progress as well as the use-related change in the luminous flux and the light colour of products.
III. What is not covered by the guarantee?
The guarantee does not cover:
Should the customer have rights in accordance with the General Terms and Conditions of Sale and Delivery of ESYLUX (see section VIII. of these guarantee conditions), which exceed the above-mentioned contents of the guarantee, these rights remain unaffected, i.e., the customer can of course enforce them.
IV. When does the guarantee expire?
The guarantee shall expire, if
V. The guarantee case. What to do?
If the customer is of the opinion that there is a guarantee case, he has to report the guarantee case within 30 days (the dispatch of the notification is decisive) from the detection of the defect by the customer to ESYLUX or to the respective ESYLUX distribution company in the country, in which the product has been purchased for the first time, in writing in addition with a copy of the relevant purchase agreement or with an invoice and a description of the defect that has occurred. ESYLUX is entitled to examine the product reported as defective. If the submission of the product is necessary for the examination, the customer is obliged to send the product reported as defective to ESYLUX or to the respective ESYLUX- distribution company at his own expense. In principle, the customer is advised to send the defective product along with the report of the guarantee case. In case of products that are firmly installed and cannot be shipped, ESYLUX or the respective ESYLUX distribution company shall be given the opportunity to visit the products on site. There is no obligation for ESYLUX or the respective ESYLUX distribution company to visit the products on site. Guarantee cases are handled by the respective ESYLUX distribution company in the country in which the product was purchased for the first time.
If, after examining the product, it is found that a guarantee case has occurred, it is at the discretion of ESYLUX to repair the defective product, to deliver an equivalent product free of charge or to offer a credit note. ESYLUX will send the repaired product or the equivalent replacement product free of charge to the customer.
VI. Is there a new guarantee after the settlement of a guarantee case?
If a guarantee case has been processed, no new guarantee applies to the replaced or repaired product, in particular the guarantee period is not extended. However, the original guarantee is fully valid if the guarantee period has not expired. If the replaced or repaired product fails again, these problems may be reported under the original guarantee. Any claims of the customer arising from the contractual or statutory warranty remain unaffected (see section VIII. of these guarantee conditions).
VII. Information on replacement products and parts
All replacement products or parts may contain new or recycled materials that are equivalent to new products or parts in terms of performance and reliability. The replacement product may deviate from the original product in terms of dimensions and design. “Recycled materials” are parts or products that are used or overhauled and not new. Although such parts or products are not new, the quality after overhauling or after a restoration is ‘as new’ in terms of performance and reliability. The functionality of all replacement products or parts is equivalent to that of the product or the part to be replaced.
VIII. Claims of the customer for liability for defects of material (statutory warranty)
Any claims of the customer arising from contractual or statutory liability for defects (statutory warranty) are not excluded, restricted or amended by these guarantee conditions. In addition to these guarantee conditions, the General Terms and Conditions of Sale and Delivery of ESYLUX in the version valid at the time of conclusion of the purchase agreement for the respective product apply for the performance of the services under this guarantee. If ESYLUX has agreed to special conditions with the customer that deviate from the General Terms and Conditions of Sale and Delivery – the special conditions agreed by ESYLUX with the customer apply additionally instead. The General Terms and Conditions of Sale and Delivery are available at www.esylux.com for download or can be requested by the customer at ESYLUX. In the event of contradictions in the General Terms and Conditions of Sale and Delivery or any special conditions to the regulations in these guarantee conditions, these guarantee conditions shall apply.
IX. Data protection
ESYLUX processes the necessary data on the basis of the applicable statutory regulations, in particular on the basis of the EU General Data Protection Regulation (GDPR) and the Federal Data Protection Act in its current version (BDSG).
X. Applicable law and place of jurisdiction
This guarantee is subject to German law, with the exclusion of the provisions of the UN Convention on the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from this guarantee is Hamburg, Germany.
Valid from 01.2018