EN
Limited warranty
(Europe, Africa and Middle East)
WACOM warrants to you, as the initial purchaser, (hereinafter referred to as
"you" or "the customer") that the product hardware will remain free from
defects in materials and workmanship under normal use and service for a
warranty period of THREE (3) YEARS,
commencing from the purchase date and provided that the product was
unused at the time of purchase. Defects in wear parts (e.g. pen nibs, tablet
surfaces and batteries) resulting from normal wear and tear are exempt from
the warranty. Furthermore, WACOM warrants that the data carriers delivered
with the product are free from defects in materials and workmanship under
normal use for a period of SIX (6) MONTHS from the date of purchase.
If during the applicable warranty period the product, excluding any software,
is discovered to be defective, it should be returned immediately to the place
of purchase in its original packaging together with your name, address, and
telephone number, a description of the problem, and a copy of the original
receipt. The customer shall be liable for any possible damage or loss of the
product during transit to the place of purchase for this purpose.
WACOM's sole obligation and entire liability under this warranty shall be, at
WACOM's option, either the repair or the replacement of the product or parts
thereof that prove defective and that were returned within the applicable
warranty period.
WACOM does not warrant to repair or replace the product if: (a) the damage
to the product results from accident, misuse, improper use, negligence or
unauthorised alteration or repair; (b) the product was not handled or stored
according to the instructions provided by WACOM; (c) the damage resulted
from normal wear and tear of product parts; or (d) the serial number affixed by
WACOM has been removed or rendered unintelligible.
Any descriptions, drawings, specifications, samples, models, notifications
or similar material provided in connection with the purchase of the product
cannot be taken as an explicit guarantee that the product corresponds to or
fulfils your requirements.
The warranty guaranteed by law remains unaffected. You can claim defects of
the product in accordance with the relevant legal provisions.
WACOM shall only be liable for itself and its vicarious agents if a material con-
tractual obligation has been culpably breached in a manner jeopardising the
purpose of the contract or the damage is due to intentional acts or omissions
or gross negligence. A material contractual obligation is an obligation which is
essential to the proper performance of the contract on which the other party
will typically rely. In case that the culpable infringement of such a material
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contractual obligation is not due to intention or gross negligence, the liability
of a party shall be limited to such damages being typical for the contract and
which were reasonably foreseeable at the time of the closure of the contract.
Where these Terms and Conditions preclude or limit liability, this also applies
to the personal liability of the executive officers of the party concerned, its
employees, agents and subcontractors. The provisions of the product liability
law (Produkthaftungsgesetz) remain unaffected.
If, when a claim made under this warranty is checked, it emerges that it is
outside the permitted time period or is not covered by the warranty or that the
product is not defective, the customer will reimburse WACOM for associated
costs.
This limited warranty shall apply if the registered office of the vendor is situ-
ated in the EU or Iceland, Norway, Jersey, Switzerland, Russia, the Ukraine,
Croatia, Serbia, Tunisia, Turkey, Syria, Lebanon, Jordan, Israel, Egypt,
the United Arab Emirates, Iran or South Africa. This warranty is subject to
German law. However, the applicability of the United Nations Convention on
Contracts for the International Sale of Goods is explicitly excluded. The city
of Düsseldorf, Germany, is the sole place of jurisdiction for all claims arising
from this contractual relationship and all disputes between the parties result-
ing from the formation, handling or termination of the contractual relationship,
provided that the customer is a trader, a legal entity or fund under public law.
The jurisdiction agreement shall also apply for customers who do not have a
general place of jurisdiction in Germany. The jurisdiction agreement shall not
apply if, due to legal provisions, a different sole place of jurisdiction must be
established for the case.
Furthermore, WACOM is authorised to file a lawsuit against the headquarters
of the customer.
Should one of the provisions of this limited warranty be or become void, the
validity of the other provisions shall not be affected, in full or in part. Should a
provision be invalid, the legally permissible regulation most closely resembling
the invalid regulation shall apply in its place. If you have any questions about
this agreement, or would like to contact WACOM for another reason, please
write to us at this address:
Wacom Europe GmbH
Völklinger Strasse 1
40219 Düsseldorf
GERMANY