INOTEC manufacturer’s warranty
As of 1 April 2024 "INOTEC Sicherheitstechnik GmbH, Am Buschgarten 17, 59469 Ense, Germany" is providing the following manufacturer’s warranty for products from the “INOTEC” brand.
We hereby guarantee with respect to you in accordance with the following terms and conditions that the products supplied by us to you in new condition and in their original packaging and marked with the “INOTEC” brand will be free from manufacturing and material faults when used in accordance with their intended purpose. Claims arising from this warranty are to be asserted against us exclusively via the direct contractual partner.
1. Contractual partner, products
1.1. The warranty agreement comes into being between INOTEC Sicherheitstechnik GmbH and the contractual partner of the purchase contract.
1.2. This warranty only covers products marked “INOTEC” from INOTEC Sicherheitstechnik GmbH.
1.3. Only the terms and conditions set out here apply to this warranty.
1.4. Claims arising from liability for material defects, as set out in our general terms and conditions, are not affected by this warranty.
1.5. This warranty applies to purchase contracts with contractual partners from the European Union, United Kingdom, Switzerland and Norway.
1.6. This is a guarantee of quality and durability within the meaning of Section 443 of the German Civil Code (BGB).
2. The basics of the warranty being provided
2.1. Warranty claims
Covered by this warranty are manufacturing and/or material defects of individual components or the entire product, which appear within the warranty period (Section 5) and are asserted within the period stated in Section 4.
2.2. Conditions of warranty:
2.2.1. The use of the products shall be in keeping with the stated specifications relating to the products and their use (in particular, the datasheet, product datasheet, type plate and similar). The products must be installed in accordance with statutory regulations and recognised technical rules and standards. The installation must be completed professionally and commissioned in accordance with the installation instructions included with the product.
2.2.2. The maintenance and repair works to the products have been carried out exclusively in accordance with the manufacturer’s instructions.
2.2.3. Services such as software updates or additional features have been rendered exclusively by the manufacturer or a third party nominated by the manufacturer.
2.2.4. The permissible temperature and voltage limits according to the relevant technical or product-specific standards have not been exceeded or fallen below.
2.2.5. The product has not been exposed to any mechanical and/or chemical stresses that it is not intended for.
2.3. Excluded from the warranty are
2.3.1. Defects and/or damage, which have been caused by the customer itself or arbitrarily by third parties.
2.3.2. Defects and/or damage, which have occurred by accident (a sudden, unforeseeable event).
2.3.3. Defects and/or damage, which come under the distributor’s warranty or that of a third party.
2.3.4. Defects and/or damage, which have been caused by a failure to comply with the operating or installation instructions or other incorrect installation or attempts to repair.
2.3.5. Damage that is attributable to any other grossly negligent or intentional conduct of the customer. Likewise in the event of incorrect storage of the products.
2.3.6. Costs, defects and/or damage, if no defect can be ascertained on the product.
2.3.7. Defects and/or damage, which do not negatively affect the functioning of the product (scratches, dents, bumps, paintwork, etc.) and surface damage on less than 5% of the total surface of the product and discolouration and brittleness caused by the ageing process of plastic parts.
2.3.8. Defects and/or damage, which occur as the result of fire, lightning strike, explosion, storm or flood.
2.3.9. Defects and/or damage caused by force majeure, natural events, nuclear power, events of war of any kind, civil war or civil unrest.
2.3.10. Damage caused by theft or attempted theft.
2.3.11. Damage caused by the failure of the defective product to work and consequential damages of any kind.
2.3.12. Damage to objects or consumables which need to be replaced regularly; these include, for example, batteries, battery packs, hard drives, computers and servers which contain hard drives or mechanical wearing parts, etc. A reduction in luminous flux of LED modules of 0.4%/1,000h and a failure within the failure rate of 0.2%/1,000h likewise does not constitute a loss event within the meaning of this warranty because this is a matter of normal usage. In new LED modules, the luminous flux and output are subject to a tolerance of +/- 10%.
2.3.13. Damage to objects acquired separately and in addition or digital application programs for use of the product, such as battery packs, software, etc.
2.3.14. Damage to fire prevention elements which belong to the product’s system.
2.3.15. Damage to accessories acquired subsequently.
2.3.16. Defects and/or damage covered by insurance policies.
2.3.17. Costs incurred for the disposal of the defective product.
2.3.18. Defects and/or damage, which occur as the result of use of the products other than for the intended purpose according to the relevant specifications relating to the products or their use.
2.3.19. Defects and/or damage, which occur as the result of exceeding the limits for ambient temperature or mains voltage.
2.3.20. Defects and/or damage, which occur as the result of retrospective product modifications (for example, replacement of EBs, etc.) .
2.3.21. Use of non-approved spare parts such as retrofitted lamps.
2.3.22. Indirect damages, in particular damages for loss of production, lost profit, costs of software updates, wasted expenditure, etc.
2.3.23. Products for which the maintenance instructions given in the installation instructions have not been complied with. Illuminants are to be replaced without delay at end of life.
2.3.24. Damage, which has occurred due to extreme environmental conditions unless INOTEC Sicherheitstechnik GmbH has given prior written approval of such use of the product.
2.3.25. Any and all ancillary costs incurred in connection with the rectification of the defect (fulfilment of the warranty) such as for installation and removal, transportation of the defective and repaired or new product, disposal, travel and transit time, lifting gear, scaffolding. These costs shall be borne by the purchaser.
2.3.26. Electronic components, products and illuminants, which INOTEC Sicherheitstechnik GmbH sells as merchandise under third-party labels (such as touch panels, printers and computers), and illuminants from other manufacturers.
2.3.27. Damages, which are attributable to software defects, bugs, viruses or similar.
2.3.28. Defects and/or damage due to designs, specifications or instructions which have been provided by the customer and other third parties.
2.3.29. The colour tolerance of LED modules.
2.3.30. Services such as commissioning or maintenance.
3. Scope of warranty
3.1. The warranty is provided in the form that the product or defective components thereof will be repaired at one of our sites or replaced by the same or equivalent replacement products at our discretion. We may also choose to take back the product in exchange for reimbursement of the purchase price less depreciation. In the event of replacement, we reserve the right to deviate from the original product on the grounds of technical progress and a reasonable, minor deviation with regard to design and features. New or reused materials (fully functional and tested) may be used as replacement parts. A warranty is provided in accordance with these terms and conditions for the replacement products or parts for the remaining part of the warranty period.
3.2. In any case of warranty, the liability is limited to a flat rate in the sum of €50,000.00. Financial damages will not be reimbursed.
4. Conditions for handling warranty services
4.1. INOTEC Sicherheitstechnik GmbH will handle the services arising from this warranty agreement.
4.2. The contractual partner must report the defect and/or damage to INOTEC Sicherheitstechnik GmbH in writing. It must be reported within a period of one month from the occurrence of the defect and/or damage. The delivery note or invoice showing the delivery of the defective product from INOTEC Sicherheitstechnik GmbH must be sent at the same time as the notification of defects and must give the following information:
- Quantity or percentage of the damage
- Installation date
- Details of application, location, hours used and switching cycles
4.3. If the defect and/or damage is not asserted in time according to the above clause, the warranty claims will lapse.
4.4. The contractual partner must follow the instructions of INOTEC Sicherheitstechnik GmbH and endeavour to keep the damage as minor as possible.
4.5. INOTEC Sicherheitstechnik GmbH will check the product for defectiveness. If no defects can be found then Section 2.3.6 will apply. In this case, the contractual partner will be obliged to reimburse INOTEC Sicherheitstechnik GmbH for the costs of the inspection process.
5. Beginning and end of the warranty
5.1. The warranty protection begins upon delivery of the product to the contractual partner (the date of the delivery note applies).
5.2. The warranty protection ends as follows:
For products from INOTEC Sicherheitstechnik GmbH, which are exclusively labelled with the “INOTEC” brand, the warranty protection ends 5 years after delivery; the date of the delivery note or a maximum of 66 months after the date of manufacture applies (see type plate) or, if the defect and/or damage has not been notified within one month of its occurrence.
6. Fraud
Any and all claims arising out of this agreement will be excluded if statements are made, or defects or damage are caused, fraudulently or dishonestly by the contractual partner.
7. Transfer
7.1. If the product is sold by the contractual partner of INOTEC Sicherheitstechnik GmbH, then, instead of the contractual partner, the protection from this warranty is granted to the purchaser of the product for the duration of their ownership, for as long as the period defined in Section 5. Irrespective of this, the warranty protection begins upon delivery of the product to the contractual partner in accordance with Section 5.1.
8. Amendments to the agreement
Amendments to this agreement strictly require written confirmation by INOTEC Sicherheitstechnik GmbH. There are no verbal undertakings or subsidiary agreements of any kind and such will be invalid in any case.
9. Final provisions
9.1. The customer’s statutory warranty rights are not excluded, limited or amended by these terms and conditions of warranty.
9.2. This agreement is governed by German law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
9.3. The English version of this manufacturer’s warranty is only for information purposes. In the event of contradictions between the English and German versions, the German version shall take precedence and is deemed to be legally binding. If reference is made to statutory provisions, then reference is being made to the German law which applies to the contractual relationship.
9.4. Unless stated otherwise herein, the statutory provisions apply.
9.5. The place of fulfilment and jurisdiction is Arnsberg, Germany.