Warranty and Liability
Any liability of contractor in respect of principal for, or in connection with, failures on the delivered goods occurring during the warranty period shall be limited to repair free of charge or replacement of a defective good or a part thereof, at the discretion of the contractor. Contractor shall never be liable for any indirect damage, unless it is caused by his intent or gross negligence. Warranty is only then applicable when no faulty use, faulty placement or faulty assembly of the delivered is being identified by the contractor.
Within a period of one year after the date of the invoice of the contractor, the client may use the invoice date of the first invoice from the principal delivery to its client which contains the delivered products, as the effective starting date of the warranty period. Provided that the principal submits to contractor an electronically generated invoice and a consignment note as proof of delivery of the products to the specific client. If no electronic invoice and waybill are available, the date of the invoice of contractor will count as effective date of the warranty of the items involved. Principal will receive for each item to which this is applicable a manufacturer’s warranty of 2 years, counting from the aforesaid effective date. This warranty has been built up as follows: in the first 6 months contractor provides a full warranty including the picking up and returning of the items offered by principal for warranty handling. For each items returned regardless of the nature a return order (RMA) must be applied for at all times. A requested RMA is valid for one month after it has been issued. Without an RMA a warranty claim will not be taken up. After the first 6 months up to and including the 2nd year the principal, after applying for a Return Order (RMA), must himself return the items offered for warranty handling. The returning of the items under the warranty in this period is for the account of the contractor.
All parts subject to wear and tear are beyond the scope of the warranty in the 2nd warranty year, at the discretion of contractor. No warranty is provided on lamps. The consequences of the degradation process cannot be claimed under warranty. LED Subpixel failure of less than 1% specific with RGB-in one products are out of warranty. With each report under the warranty an invoice of contractor must be submitted. If principal cannot submit any invoice, each right to the warranty lapses.
Save for the provisions regarding warranty in this article, contractor excludes any liability, insofar as such liability has not been mandatorily provided by the law and/or does not mandatorily arise. The liability of contractor towards principal, by any reason whatsoever, will never exceed the total purchase price of the relevant agreement or the amount paid by the insurance company.