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and choice, within an appropriate additional period of grace set by the purchaser, subsequent performance either by eliminating the defect or delivering an article which is free of any defects. Multiple instances of subsequent performance within the appropriate deadline period set by the purchaser are fundamentally allowed. If subsequent performance is not possible or does not take place or fails within the period which is determined by the purchaser, the purchaser shall be entitled at its choice to withdraw from the contract or reduce the purchase price. 1.3 Costs Of the costs which are incurred as a result of the subsequent performance, UN shall pay the costs of examination, repair and/or the replacement item, including the costs of shipment to the purchaser. 1.4 Flat-rate service charge If the complaint from the customer proves to be unjustified (NPF = no problem found / OOW = out of warranty) and the customer has caused this culpably, the customer must pay a flatrate service charge of EUR 25.00 to the service centre for inspection work required and shipment costs at the service centre which is commissioned by UN. The customer shall be provided with proof that no damage at all has occurred or any damage is substantially lower. This shall not apply in the event that the service centre is instructed to carry out the repair. In this case, you shall be invoiced for the costs in accordance with the terms and conditions of the service centre. 1.5 Limitation period The limitation period in respect of the above claims shall be two years from when the product is obtained. By contrast, the limitation period shall be one year if the purchaser is not a consumer (for example is a retailer or distributor). 1.6 Limitation of liability UN shall not be liable for damage to the product which is caused by natural wear and tear, unsuitable, improper or non-contractual use, excess loading or improper modification, amendment or repair work carried out by the purchaser or third parties, or by incorrect or careless handling, provided that UN is not culpable for this. Irrespective of the legal ground, UN shall only be liable for deliberate intent and gross negligence. Liability on account of ordinary negligence shall only exist in the event of a breach of a substantial contractual obligation; it shall be restricted to the foreseeable level of damage typical for the contract. The above restrictions do not apply to damages arising from loss of life, physical injury, damage to health or under the German Product Liability Act. The above statement applies mutatis mutandis to legal representatives and vicarious agents. 1.7 Data back-up We wish to point out that, before you send in your product as part of making a claim under the guarantee or overall service, you should back up all of your own data from the device. We recommend that you remove your own data from the device. It may be necessary or expedient for UN or third parties which are commissioned by UN to reformat the product or data storage medium, delete software or replace individual components or entire units. 2
1.8 Recommendation UN recommends that you fill in the RMA registration form on the internet (http://www.falknavigation.de/de/service/garantieabwicklung.html) with as many details as possible in order to speed up the process of handling the warranty claims and that you also send this in to the service centre. 2. Restricted guarantee UN provides the end consumer (but not retailers or distributors of any kind) that is domiciled within the EU and has not purchased the product directly from UN as new goods with a restricted guarantee on all components which belong to the original items supplied (product). This guarantee does not affect any warranty claims of the end consumer against its vendor. 2.1 Scope and duration of the guarantee UN grants a 24-month guarantee on the product from the original purchase date which corresponds on all points, in particular the scope and nature, to the modified statutory warranty which is listed under clause 1, provided that t<strong>here</strong> is no provision for anything to the contrary below. In contrast to this, the guarantee period for the battery is 12 months. To provide proof of entitlement to the guarantee, the service centre which is commissioned by UN requires a copy of the purchase receipt. In contrast to the regulations specified under clause 1, UN may rectify defects, at its own discretion, by rectifying the defect on the product which is sent in, supplying an identical replacement product of the same model which is of at least the same value, or by some other means. The guarantee does not cover defects which have been caused by improper maintenance, prohibited attempts to open, repair and/or modify the product or parts of it through improper installation, use of software which has been added by the customer itself, viruses, causes outside of the scope of the intended uses, accidents, fire, lightning, power outages and/or natural disasters and comparable causes. Furthermore, this guarantee shall lapse in the event of any attempted modification or repair to the product or modification or repair to the product which is actually carried out by unauthorised persons, removal or amendment of the serial number of the product. UN's liability is governed by clause 1.6. 2.2 Making a claim under the guarantee To make a claim under this guarantee, please contact the service centre which we have commissioned within the period of the guarantee and register your claims under the guarantee (more information about this can be found in the "Customer Service" chapter in the Quick Start Guide). The following information is required to process your claim: - serial number of the device - detailed description of the fault - dated proof of purchase - clearly visible indication of the RMA no. which you are given when you register your RMA case online on our homepage (http://falk-navigation.de/navigation/de/garantie. htm - in the Service section). When you send in your consignment, only the part of the product which is the subject of the complaint, excluding any accessories (such as the rechargeable battery, mounting brackets, etc.), should be sent in. The part of the product which is the subject of the complaint must be 3
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