EXPRESS WARRANTY FOR HARDWARE.
Leica Geosystems AG (“Leica Geosystems”), warrants to the original end
user (“Customer”) that this Product will be free from defects in
workmanship and materials, under normal use, for generally one (1)
year, except for (i) DISTOTM products for which two (2) years shall
apply, and (ii) batteries for which ninety (90) days shall apply,
unless such warranty period has been extended by Leica Geosystems, and
provided any and all operating and maintenance instructions are
strictly respected, in particular in case of extreme and/or continuous
applications/use of the Product. The warranty period begins on the
proved purchase date (or if applicable, date of delivery or date of
acceptance report). Leica Geosystems’ sole obligation under this
express warranty shall be, at Leica Geosystems’ sole option and
expense, to replace or repair the Product or part, or refund the
purchase price paid for the Product. Leica Geosystems warrants any
repaired or replaced Product or part for a period of ninety (90) days
from shipment, or through the end of the original warranty, whichever
is longer. All Products or parts that are replaced become the property
of Leica Geosystems. This express warranty does neither cover
consumables, such as reflectors, bulbs and fuses, nor third party
products.
EXPRESS WARRANTY FOR SOFTWARE. For “System
Software” (defined as operating software and/or firmware necessary for
switching on and running the Product), all provisions contained in this
International Limited Warranty shall apply as for hardware. With
respect to "Application Software” (defined as preinstalled or loadable
on-board software and/or office or PC-based software for particular
operations of the Product and/or data), the warranty provisions
contained herein shall expressly not apply. For further information on
the scope of the warranty coverage for Application Software please
refer to the correspondent Software License Agreement.
OBTAINING WARRANTY SERVICE. Customer must
contact the authorized distributor of Leica Geosystems or, with the
exception of DISTOTM products, Leica Geosystems’ Service Center
indicated by Leica Geosystems within the applicable warranty period to
obtain warranty service authorization. Dated proof of original purchase
from Leica Geosystems or its authorized distributor and a description
of the defect will be required. Leica Geosystems is not responsible for
Products or parts received without a warranty service authorization.
Repaired or replacement Products will be shipped to Customer at Leica
Geosystems’ expense. The repaired product or part will be shipped as
soon as reasonably possible. Leica Geosystems shall not be responsible
for any damages occurring during such shipment. Leica Geosystems shall,
at its sole discretion, decide on the place of performance for work
under warranty. For Products forming part of a fixed installation, such
place of performance shall be the site of such installation and Leica
Geosystems shall have the right to charge for additional costs for such
services under warranty if the site of the Product is other than where
the Product was originally installed or shipped.
WARRANTY EXCLUSIVE. Customer’s sole remedy for
breach of the warranty shall be the express warranty. The foregoing
warranty is exclusive and is in lieu of all other warranties, terms or
conditions, express or implied, either in fact or by operation of law,
statutory or otherwise, including warranties, terms or conditions of
merchantability, fitness for a particular purpose, satisfactory quality
and non-infringement, all of which are expressly disclaimed.
Leica
Geosystems shall not be liable if the alleged defect or malfunction was
caused by Customer’s or any other person’s misuse, neglect, improper
installation, unauthorized attempts to open, repair or modify the
Product, inadequate maintenance, disregard of operating instructions,
excessive load or stress, normal wear and tear, or any other cause
beyond the range of its intended use, by accident, fire, or other
hazards, or other cause not due or attributable to Leica Geosystems.
This warranty does not cover physical damage to the Product or
malfunctions resulting from the use of the Product in conjunction with
any sort of ancillary or peripheral equipment and Leica Geosystems
determines that there is no fault with the Product itself.
LIMITATION OF LIABILITY. LEICA GEOSYSTEMS ALSO EXCLUDES ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING
NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR COSTS OF PROCUREMENT OF
SUBSTITUTE PRODUCTS BY CUSTOMER, OR FOR THE LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA,
OR OTHER INFORMATION OR FINANCIAL LOSS ARISING OUT OF OR IN CONSEQUENCE WITH THE SALE, INSTALLATION, MAINTENANCE, USE,
PERFORMANCE, FAILURE, OR INTERRUPTION OF THIS PRODUCT, EVEN IF LEICA GEOSYSTEMS OR ITS DISTRIBUTORS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, AND LIMITS ITS LIABILITY TO REPLACEMENT, REPAIR, OR REFUND OF THE PURCHASE PRICE PAID, AT
LEICA GEOSYSTEMS’ OPTION. THIS LIMITATION OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL
FAIL OF ITS ESSENTIAL PURPOSE.
DISCLAIMER. Should a court of jurisdiction not
allow the entire exclusion or limitation of implied warranties or the
limitation of incidental or consequential
damages for certain
products supplied to consumers, or the limitation of liability for
personal injury, such implied warranties and such liabilities will be
limited to the duration of the applicable express warranty.
GOVERNING LAW AND PLACE OF JURISDICTION. This Limited Warranty shall be governed by the laws of Switzerland, excluding all conflict of laws
principles
and excluding the United Nations Convention on the International Sale
of Goods dated 11 April 1980. The ordinary courts at the Leica
Geosystems registered office in Balgach, Switzerland shall be
competent. Leica Geosystems shall, at its sole discretion, also be
entitled to take legal action in the competent courts at the Customer’s
place of business or domicile. With this Limited Warranty, Leica
Geosystems grants Customer specific legal rights which do not restrict
any statutory consumer rights.
Leica Geosystems AG
Heinrich-Wild-Strasse
CH - 9435 Heerbrugg
(Switzerland)
Heerbrugg, July 1, 2002
