General terms and conditions of repair for PENTAX LIFE CARE

§ 1 General, applicability

(1) Repairs will be carried out exclusively in accordance with the terms and conditions set out below; any conflicting provisions or deviating counter-confirmations of the customer shall be ineffective unless we have explicitly acknowledged their validity in writing. These terms and conditions shall be binding even if we execute the repair work without reservation despite being aware of the customer’s contradictory or deviating provisions.

(2) These terms and conditions do not apply to any repairs that we carry out under guarantee or to honour our warranty obligations.

§ 2 Order, prices, estimate, repairs

(1) Unless they are accompanied by an explanatory note from the customer, any instruments that are sent in to us will be regarded as being in need of such repair work as we consider necessary. Smaller repair jobs up to a gross value of €750 will be carried out and invoiced without the need for a repair order.

(2) We always submit an estimate, even where this is not set by the customer, if the repair work is likely to exceed €750 in total. A fee of €75 plus postage and VAT is charged for the estimate if no repair order is forthcoming.

(3) Our estimates are calculated on the basis of a (largely) intact or only partially dismantled instrument. Should any further defects or additional outlay become apparent during the course of the repair work, and if the extra costs involved exceed ten per cent of the original estimate, we will notify the customer and only proceed with the work upon receipt of a new repair order in writing.

(4) Repairs of older, discontinued models are subject to the availability of the appropriate spare parts.

(5) There will be a separate, proportionate delivery charge for all chargeable repairs.

(6) The validity of any estimate we submit will expire unless we are in receipt of the repair order within two months of the date of the estimate.

(7) We shall charge proportionate delivery costs for any instruments that we return to the customer in the absence of a relevant repair order.

(8) A handling charge of €75 plus postage and VAT will be made for instruments sent in to us for an estimate by a businessman as part of his trading operations, if no repair order is placed.

(9) The cost of a general inspection without adjustment of the endoscope is €75 plus postage and VAT.

§ 3 Delivery time

(1) We will do everything in our power to carry out repairs as quickly as possible. Any return date requested by the customer and our own approximate repair and delivery times are always without obligation unless any other arrangements have been made.

(2) Should the customer fall into default of acceptance or in culpable breach of other obligations to cooperate, we are entitled to claim compensation for the resultant damages, including any additional expenses. In the event of any default of acceptance on the part of the customer, the risk of accidental loss or accidental deterioration of the appliance undergoing repair passes to the customer.

§ 4 Delivery

(1) Unless any other provisions have been agreed in the contract, delivery is understood to be ex works.

(2) Instruments sent in for repair will normally be returned by our authorised carrier unless any other arrangements have been made. Any additional costs incurred as a result of the customer’s specific instructions will be charged to the customer.

§ 5 Warranty

(1) All repair work which we conduct ourselves is covered by a six-month warranty from the date of acceptance.

(2) Acceptance for any repair work that we carry out ourselves should in principle be effected on collection or delivery of the mended instrument plus a reasonable time allowance for an inspection on the customer’s premises – however, not later than one week following collection or delivery, provided that we receive no notification of rejection from the customer.

(3) In the event that a defect, for which we are responsible, becomes apparent, we are entitled to rectify the fault (remedial measures). Should we be unwilling or unable to rectify the defect or if this remedial work is delayed beyond a reasonable period of grace for reasons for which we are accountable, or in the event that the remedial measures fail to bring the desired effect for any other reason, the customer may exercise a right of conversion (right to revoke the repair contract) or an appropriate reduction (right to make a deduction from the cost of the repair). Defects caused by circumstances for which the customer is accountable are excluded from the warranty.

(4) Any other claims on the part of the customer, on any legal grounds whatsoever, are essentially ruled out. In particular, we are not liable for any damage that does not affect the appliance undergoing repair itself; and we are specifically not liable for any loss of profit or any other financial losses incurred by the customer.

(5) However, should it emerge that the damage is due to intent or gross negligence on our part, or if the customer files a claim for compensation on the grounds of non-compliance due to lack of guaranteed properties, our liability to pay compensation shall be limited to the foreseeable damage. In so far as we neglectfully violate an essential contractual obligation (cardinal duty), our liability for compensation shall be limited to the foreseeable, typical damage.

(6) The warranty period stipulated in § 5 (1) shall also apply to claims for compensation for consequential damage unless any claims are made on the grounds of tort liability. The warranty period shall simultaneously serve as a period of limitation.

(7) For technical reasons we do not accept any responsibility for the quality of fibre-optic image guides and light guides. Slight differences in the number of fibre fractures may simply be due to the circumstance of a repair.

§ 6 Liability

(1) In so far as our liability for compensation is excluded or restricted in accordance with the aforementioned provisions, this shall similarly apply to all other claims including claims on the grounds of negligence in contracting, breach of fiduciary duties, and in particular to claims based on manufacturer’s liability pursuant to § 823 of the German Civil Code (BGB). This shall, however, not apply to claims pursuant to §§ 1, 4 of the product liability law (physical injury or damage to items for personal use).

(2) Where our liability is excluded or restricted, this shall also apply to the personal liability of our salaried personnel, employees, associates, representatives and anyone acting on our behalf.

§ 7 Payment

Invoices for repair work are payable on receipt.

§ 8 Reservation of ownership

In so far as our consignment consists of spare parts or other goods that have not become part of any equipment belonging to a third party due to repair work or integration, we shall retain title to these parts until the invoice has been settled in full.

§ 9 Equipment loan

(1) We can, at our own discretion, lend the customer a substitute instrument for the duration of the repairs of his own appliances.

(2) For handling charges, delivery charges and flat-rate delivery charge, please refer to our current pricelist for equipment loans. The said charges will be invoiced separately.

(3) Provided that the customer is not responsible for any damage that might be caused to the equipment on loan, we are willing to mend the appliance free of charge.

(4) Once the appliance has been repaired and returned to the customer, the instrument on loan must be sent back to us within a period of five days at the customer’s expense. This also applies if we return the appliance, for which we provided a temporary substitute instrument, without repair due to the absence of a repair order or the unavailability of the spare parts required (cf. § 2 (4)).

(5) Should the customer be responsible for any damage that is caused to the equipment on loan or for the loss of any accessories belonging to the loaned appliance on his premises, the customer will be invoiced accordingly.

§ 10 Place of jurisdiction

Where the repair order is the property of a registered business or trader, the place of jurisdiction is Hamburg.

As per: August 2005