Warranty

This chapter contains relevant information for safe operation of the Beetle (hereinafter referred to as the “device”).

Avelon AG (hereinafter referred to as “Avelon”) grants this warranty to purchasers of Avelon products in addition to the legal warranty claims to which they are entitled in accordance with the following conditions:

Scope of warranty

The warranty covers the delivered device with all parts. It is provided in the sense that parts which have demonstrably become defective due to manufacturing and/or material defects despite proper handling and observance of the instructions for use will be replaced or repaired free of charge at our discretion. Alternatively, we reserve the right to replace the defective device with a replacement product. Manuals and any software supplied with the device are excluded from the guarantee.
The costs for material and working time is covered by us, but the costs for shipment from the purchaser to the service workshop and/or to us are not.
Replaced parts become our property.
In addition to repair and replacement, we are entitled to make technical changes (e.g. firmware updates) in order to upgrade the device to the current state of the art. There is no legal claim to this.

Guarantee period

The warranty period for Beetle is one year. The warranty period begins on the day of delivery of the device by the Avelon specialist dealer. Warranty services do not cause an extension of the warranty period, nor do they start a new warranty period. The warranty period for built-in spare parts ends with the warranty period for the whole device.

Settlement

If defects of the device become apparent within the warranty period, warranty claims must be asserted immediately, but at the latest within seven days.
Transport damage that is visible from the outside (e.g. damaged housing) must be reported immediately to the transport person and to us. Damage that is not externally visible is to be claimed in writing to the transport person and to us immediately after discovery, at the latest however within seven days after delivery.
The transport to and from the place that accepts the warranty claims and/or replaces the defective device is at the buyer’s own risk and expense.
Warranty claims are only considered if the original invoice is presented with the device or the purchase is documented by the Avelon specialist dealer.

Exclusion of warranty

Any warranty claims are especially excluded,

if the device has been damaged or destroyed by force majeure or environmental influences (humidity, electric shock, dust, etc.);
if the device has been stored or operated under conditions that are outside the technical specifications;
if damages occur due to natural wear and tear, insufficient maintenance, disregard of operating instructions, excessive strain, unsuitable equipment, chemical or electrolytic influences, defective construction and installation works not carried out by Avelon or other causes for which Avelon is not responsible;
if the customer or a third party makes changes or repairs to the delivery without written consent of Avelon or if the customer does not immediately take all measures to prevent the damage from getting bigger and Avelon can repair the defect;
if the device shows any kind of mechanical damage;
if components other than those supplied or approved by Avelon were used or connected;
if the warranty claim has not been reported according to points a) and b) under Settlement.

Operating errors

If it turns out that the reported malfunction of the device was caused by faulty installation or operation, we reserve the right to charge the purchaser for the testing expenditure incurred.

Supplementary regulations

The above provisions shall govern the legal relationship with us conclusively.
This guarantee does not justify further claims, in particular those for cancellation or reduction. All claims for damages, reduction, cancellation of the contract or withdrawal from the contract that are not expressly mentioned are excluded. In the event of loss or damage to data carrier material, loss of data due to defects in software or hardware or for any other reason, the costs for the replacement of lost data shall be at the expense of the customer. Under no circumstances shall the customer be entitled to claim compensation for damage that has not occurred to the delivery item itself, such as loss of production, loss of usage, loss of orders, loss of profit or other indirect damage. This exclusion of liability does not apply to unlawful intent or gross negligence of Avelon, but it also applies to unlawful intent or gross negligence of auxiliary persons.
Place of jurisdiction is Zurich, Switzerland. However, Avelon shall also have the right to appeal to the respective court in the country of the customer.
The legal relationship is subject to Swiss substantive law. The United Nations Convention on Contracts for the International Sale of Goods (so-called Vienna Sales Convention) of 11 April 1980 shall not apply.