Fischbein Warranty for standard pieces of equipment and for original parts
Fischbein warrants that all standard pieces of equipment and original parts sold shall be free of defects on materials and workmanship, to the exclusion of:
• Wearing parts such as needles, belts, rubber gaskets, knives, presser feet, clamps, needle bars and loopers.
• Electric, electronic and pneumatic components.
For a period of 180 days (one hundred and eighty) from the date of invoice by Fischbein.
The warranty shall be revoked without notice if the user himself or any third party, to the exclusion of Fischbein authorized distributors, undertakes any repair or alteration or modification to the equipment.
Fischbein warranty shall be restricted to repair or replacement, at Fischbein’s option, of original parts or pieces of equipment which have been proven to be defective.
In any case, Fischbein liability shall be limited to the amount of money paid for the goods which this responsibility could be engaged.
Under no circumstances Fischbein shall be liable for any indirect, special or consequential loss (including loss of anticipated profit) or damages, whatever they may be.
Consequently, Fischbein shall not be liable for:
• Transport costs;
• Labour or other charges for adjustment;
• Installation or any other work that may be performed upon or in connection with the equipment by the purchaser.
Fischbein shall assume no obligation to honour warranties of any kind in case of neglect or improper adjustment, if the maintenance of the equipment has not been carried out as stipulated by the manufacturer, if the equipment has not been used in accordance with the manufacturer’s instruction manual, if normal working conditions, tolerances, capacity limits and recommendations stipulated by Fischbein Technical Services have not been strictly applied.
Fischbein reserves itself the right either to check on the product at purchaser’s premises or to require that it should be returned to the factory for investigation and repair.
The foregoing warranty shall be in lieu of all warranties expressed or implied and of all other obligations or responsibilities on the part of Fischbein on account of the equipment sold to the customer.
The foregoing warranty shall determine Fischbein’s absolute and exclusive liability and shall constitute the purchaser’s only resort in case of claim for damages related to the sale, delivery, setting up or use of Fischbein products or spare parts as well as their conceiving, their modification to the use desired by the purchaser, and for any defect which could affect those pieces of equipment or spare parts.
In the event of any hidden defect giving rise to a claim the purchaser must advise Fischbein in writing within 8 (eight) days of the occurrence; any action built on hidden defect must be introduced within 30 (thirty) days of the defect occurrence.
The purchaser of the products manufactured or distributed by Fischbein and any user of said products shall strictly comply with Fischbein’s directives and recommendations as to the use of the products, whether made orally or in writing.
The purchaser of the products manufactured or distributed by Fischbein shall guarantee Fischbein against any claims and any actions made against the latter by third parties for such damages as not covered by this warranty.
The assistance of Fischbein technician for the eventual assembling, the setting up, the installation, the starting up operation, the technical training on the field and the repairs can be provided by the Compagnie Fischbein SA.
All on site activities are defined by our document "Repair Assembly and Start up on site: General terms and conditions".
All these assistances are invoiced at the following conditions, without VAT, on basis of the “setting up and receipt sheet” signed by our customers.
* traveling costs of the person
* workload indemnity
* stay costs
* hiring of material useful for setting up
* raw materials used