Warranty Statement § 1 Warrantor/Scope of Application

1. The warranty described herein applies only to new products offered by G-TELWARE GmbH, provided that such products are expressly advertised or sold with a warranty. The warrantor is G-TELWARE GmbH, In der Aue 10, 53757 Sankt Augustin (hereinafter referred to as “OneTouch”).

2. This warranty does not affect the buyer’s statutory rights, in particular the right to subsequent performance, rescission, reduction in price, damages, or reimbursement for futile expenses, as well as other statutory rights arising from the respective contractual relationship. The buyer’s statutory rights are not limited by this warranty.

3. The following warranty terms apply only to the extent that they do not conflict with the respective national law regarding warranty provisions.

§ 2 Content, Duration, and Geographical Scope of the Warranty

1. OneTouch grants a two-year warranty for the functional performance of the device sold under warranty, as described in the respective sales contract, in accordance with the terms set forth herein, effective from the date the device is delivered to the buyer. If defects in the device occur within this warranty period that are not attributable to any of the causes listed in § 3, paragraphs 2 through 4, OneTouch will, at its sole discretion, either repair or replace the device free of charge. The warranty also covers free delivery of the replacement device from OneTouch to the buyer.

2. The warranty does not cover shipping or postage costs incurred by the buyer for sending the device to OneTouch, nor does it cover any other expenses. The warranty also does not cover the buyer’s claims for damages, compensation for consequential damages, or damages that did not occur to the device itself, which is subject to the warranty. The warranty does not entitle the buyer to a reduction in the purchase price or to rescind the purchase contract.

3. The warranty applies to all sales transactions in which OneTouch has delivered the device to an address within the European Union (EU).

§ 3 Warranty Conditions

1. A claim under the warranty is valid only if a copy of the purchase invoice or sales receipt from G-TELWARE GmbH is presented along with the device.

2. The warranty does not entitle the customer to free inspection or maintenance of the device. If a defect is attributable to improper use by the buyer or a third party, there is no entitlement to warranty coverage.

3. Furthermore, the warranty does not cover damage

• resulting from improper use or misuse of the device for a purpose other than its contractual purpose, in violation of the operating instructions,
• resulting from external forces and/or acts of violence,
• resulting from the connection, use, or operation of the device in a manner that violates applicable technical or safety requirements.

The warranty also does not cover firmware backward compatibility of the devices with new firmware that had not yet been released at the time of purchase.

4. Furthermore, the warranty is void if the device is repaired by an unauthorized person or by the purchaser themselves, or if components of the device are opened by the purchaser or an unauthorized third party.

5. If, upon inspection of the device in connection with a warranty claim, OneTouch determines that the damage in question does not entitle the buyer to make a warranty claim, the buyer shall bear the costs incurred by OneTouch for the inspection.

§ 4 Transfer of the Warranty

If a device covered by the warranty is sold, the warranty claims may be transferred to the purchaser of the device. Provided the warranty conditions are met, the purchaser of the device is also entitled to the warranty claims.

§ 5 Statute of Limitations for Warranty Claims

Claims for warranty services expire six months after the damage occurs, but no later than six months after the warranty period expires.