Which products are covered by EMPHASER’s limited warranty?

The Limited Warranty (hereinafter referred to as „Warranty“) applies to EMPHASER products purchased by end users in the European Economic Area or Switzerland („Territorial Scope“) from an authorized dealer.

For what period does EMPHASER provide the warranty?

With this warranty, EMPHASER warrants the product to be free from defects in materials and/or workmanship at the time of original purchase for a period of 2 years. The date of the first purchase according to the original invoice or the cash voucher is decisive for the start of the 2-year period. If you purchased the product as a consumer and the defect occurs within the first six months after the initial purchase (see above), we will assume that the defect was already present at the time of purchase.

Who can claim the warranty?

EMPHASER grants the limited manufacturer’s warranty exclusively to natural persons who have purchased the respective product primarily for private use.

What is covered by the warranty?

EMPHASER warrants that the product is free from defects in material and/or workmanship at the time of initial purchase. However, EMPHASER cannot guarantee for all errors and damages that may occur. This applies exclusively to the hardware components of the device and in no case to the software used on the device, regardless of whether this comes from EMPHASER itself or from third-party suppliers. In particular, the following cases are therefore excluded from warranty service:

• normal wear and tear (e.g. on surfaces and protective coatings);
• superficial damage, such as scratches, dents and damaged plastic, worn or mechanically defective connections;
• improper use, including treatment resulting in physical or surface damage such as blemishes to the product;
• Damage due to connection to or use of the product for a purpose other than its intended use or non-observance of the model-specific operating or/and installation instructions;
• Installation or use of the product contrary to the applicable technical standards or safety regulations in the country where the product is installed or used;
• Damage caused by unauthorized repair attempts or repair attempts by anyone other than an authorized EMPHASER service partner;
• Damage caused by product modifications not expressly authorized by the manufacturer;
• Damage caused by malicious code software („software virus“) or by the use of software that was not included in the scope of delivery or that was installed improperly;
• Use of third party software programs to edit, modify, customize or enhance existing EMPHASER authorized software components running on the Product;
• Use of third-party firmware/operating system software
• Damage caused by liquids or chemicals of any kind and/or excessive temperatures, wetness or humidity;
• Accident, fall, or other exposure to extreme acceleration forces;
• Damage caused by lightning, electrostatic discharge, incorrect operating voltage, water, fire, force majeure, inadequate ventilation or other causes beyond EMPHASER’s control;
• Damage caused by use of the device outside the given specifications;
• Damage caused by using the product with other systems or equipment not designed for use with this product;
• Adjustments or modifications without EMPHASER’s prior written consent, including upgrades to the product beyond the specifications or features described in the operating instructions;
• Modifications of the product to adapt it to national or local technical or safety standards in countries for which the product was not expressly intended and manufactured;
• Use of service or spare parts that are not manufactured or distributed by EMPHASER;
• Use of the product in conjunction with accessories that have not been approved for use with this product;

EMPHASER also makes no warranty (express, implied, statutory or otherwise) as to the quality, performance, accuracy, reliability or suitability of the product for any purpose outside of the intended use described by us, or the software / firmware located on the device from the factory.

Warranty service will also not be provided if the model/serial/UUID product number on the product has been altered, erased, defaced or removed. The same shall apply if the cash voucher or invoice is not presented, is only incomplete and/or illegible.

Is EMPHASER liable for further errors or damages?

EMPHASER agrees under this warranty only to repair or replace products subject to these warranty terms. EMPHASER shall not be liable for any loss or damage, tangible or intangible, such as purchase price, loss of profits, loss of revenue, loss of data, intangible damages, or for damages resulting from the unavailability of the product or related components, which may arise directly, indirectly, or as a result of products or services under this warranty or otherwise. This applies to loss or damage due to impairment or failure of the function of the product or related equipment due to defects or due to the unavailability of the product while it is at EMPHASER or the service partner, downtime and business interruptions.In addition, EMPHASER assumes no liability for transportation risks such as loss or destruction in connection with warranty services.

This limitation of liability applies to loss and damage regardless of the legal cause, including but not limited to negligence, tort, breach of contract, express or implied warranties, and strict liability (even if EMPHASER or the service partner has been advised of the possibility of such damages).

If these disclaimers are in conflict with applicable law, in whole or in part, EMPHASER will limit warranty service or liability to the extent permitted by applicable law. For example, some state laws prohibit the exclusion or limitation of damages liability for negligence, gross negligence, willful misconduct, fraud, and similar acts. Any liability that cannot be completely excluded shall be limited to the duration of this warranty to the extent permitted by applicable law. Liability under this warranty is limited in amount to the purchase price of the product. If the applicable law only provides for higher limits of liability, this higher limit of liability shall apply.

What do I need to do to get warranty service?

If you wish to make a claim under this warranty, please contact the authorized dealer from whom the product was purchased directly, providing the original sales receipt or invoice. Please do not send products directly to EMPHASER. Warranty service is then not possible. Please refer to your proof of purchase for the responsible specialist dealer or seller.

The device with a malfunction sent to the service center by the authorized dealer must also contain those accessories that are logically related to the observed error pattern. So, for example, accessories supplied with or purchased with the device, if problems or malfunctions related to them have been observed.

In what form does EMPHASER provide the warranty?

EMPHASER or the service partner will repair or replace the product or its defective parts within the scope of the warranty at its own discretion and in accordance with these terms and conditions, bearing the costs of labor and materials. Warranty repairs must be carried out by the authorized service partner or EMPHASER itself. Repaired or replaced products may contain new and/or refurbished components and equipment. Replaced components become the property of EMPHASER.

What costs are associated with a warranty service for me?

EMPHASER will pay for material and labor costs associated with any warranty service. The costs of shipping as well as the risks associated with shipping (see above) shall be borne by the warrantee. If it is found that the product is functioning properly or that a warranty claim does not exist due to expiration of the warranty period or for any other reason, EMPHASER or its authorized service partners are authorized to charge a flat inspection fee in the amount of € 30.

Are my legal or contractual rights limited by this warranty?

This warranty is a voluntary benefit provided by EMPHASER, which at most extends your statutory rights. Legal rights such as warranty remain in full force for you as a consumer. Likewise, this warranty does not affect their contractual claims against the seller itself. You can still assert these rights without restriction.