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2 guarantee conditions 4 – Fast & Fluid HA-mII mediumII User Manual

Page 6

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2 Guarantee conditions

4

In these guarantee conditions, 'FM' is understood to mean Fluid Management.

The guarantee conditions incorporated into FM's general conditions of sale are summarized as
follows (for free general conditions you can apply to FM):

1. FM guarantees the proper operation of any goods which it supplies, for a period of one year,

except where a breakdown is the result of normal wear and tear. The cost of any inspection
activities carried out by FM, with the aim of establishing whether or not a breakdown is covered by
the guarantee, will be reimbursed by the other party if it transpires that the breakdown is not
covered by the guarantee. If it transpires that a breakdown is covered by the guarantee, then FM
will supply identical or equivalent goods under the conditions referred to in point 6 of the general
conditions of sale. The guarantee obligation described in this article only applies if the goods
supplied by FM have been used in accordance with the manual. Time spent on guarantee-related
activities, including travel time, travel costs and accommodation costs, are charged at current
rates.


2. In contrast to the above, FM will not be held to any guarantee obligation if

a) repairs have been carried out, or attempted, by the other party or a third party, unless FM had

previously declined to repair the goods for a fair price;

b) FM demonstrates that the defect did not emerge during testing;
c) the other party fails to inform FM of the defect immediately, if possible either by letter and/or by

fax, providing full, accurate details and/or has failed to comply fully with FM's instructions;

d) the other party has failed to use or treat the goods properly or in accordance with FM's

instructions;

e) the damage has been caused by incidents, beyond FM's supervision, which have occurred

either during transport or installation.

3. In the following text, the expression "Software" will be understood to mean the standard computer

software supplied by FM to the other party, recorded on a computer-readable storage medium,
plus the accompanying documentation (Software Manual) and including any improved and/or new
versions supplied. The expression "processing unit" (PU) is understood to mean the machine for
which and with which the Software is supplied, and which is the sole machine on which the
Software may be used.


4. The other party is authorized to copy the Software either in its entirety, or in part, (up to a

maximum of 2 copies) for purposes of internal security. These copies will be furnished with the
same marks, designations relating to copyright and other registration numbers as the original
version of the Software.


5. The other party will neither amend, translate, decompile nor adapt the Software, nor convert it into

source code, without express written permission from FM. If the other party so requests, FM will
provide that party with the information required to render the Software interoperable with other
software.


6. In the event that the PU experiences a breakdown, the other party may use the software on

another processing unit until the PU is again operational. The other party will inform FM of this
within 5 days.


7. If it is a requirement that the Software be definitively transferred from the PU to another

processing unit then the other party shall request permission from FM, which will not withhold such
permission on unreasonable grounds.

This manual is related to the following products: