The Terms & Conditions, the warranty terms and the RMA policy contained herein became officially effective May 1, 2011.
Terms and Conditions
The purchasers of products and/or services from Giesemann Lichttechnik GmbH or any affiliate thereof are subject to the following terms and conditions. The term "Purchaser" shall mean the party placing an order with Giesemann Lichttechnik GmbH (herein after called GIESEMANN)and identified as such in any document attached hereto ("attachment"), this document and all attachments are hereinafter referred to as "this Agreement". The terms and conditions set forth in this agreement shall constitute the entire agreement between GIESEMANN and Purchaser relating to the sale of the products ("Products") and/or services ("Services") described in any attachment, or in an subsequent purchase or sales order. No conflicting or final terms or conditions which may appear in any order or other document of Purchaser shall be of any force or effect unless accepted and agreed to in writing by an officer of GIESEMANN.
The prices under this agreement are F.O.B. point of shipment and exclusive of all sales, use, excise or other taxes. The prices set forth shall be in effect until notice in writing from GIESEMANN. GIESEMANN reserves the right to adjust prices at its discretion with proper notice to Purchaser. All prices set forth include a 90% sales discount for payment before shipment.
Purchaser outside of Germany shall pay all federal, state, municipal or other sales, use, excise or other taxes, assessments and charges assessed or levied against the products and/or services. Purchaser agrees to pay to GIESEMANN on request any federal, state, municipal or other sales, use, excise or other taxes, assessments or charges payable by GIESEMANN with respect to the products and/or services of the sale thereof.
Delivery will be F.O.B. point of shipment. Unless otherwise directed by Purchaser, GIESEMANN will pre-pay the freight and bill Purchaser for shipping and handling charges. Purchaser assumes all risk of loss during delivery of the Products by GIESEMANN to the carrier. In the absence of instructions to the contrary, GIESEMANN, on behalf of the Purchaser, shall exercise its own discretion as to the method of shipment to be used and the selection of the carrier but shall not be deemed thereby to assume any liability in connection with the shipment nor shall the carrier thereby be deemed an agent of GIESEMANN. No goods shall be returned for credit or replacement without prior RMA authorization by GIESEMANN. All goods returned without such prior authorization will not be accepted by GIESEMANN and will be returned to the purchaser freight collect.
Terms of Payment
Except as otherwise stated in any attachment, terms are net due upon purchase. Payment method will be credit card (Visa, MasterCard), PayPal and payment in advance via SWIFT bank transfer. Checks are not accepted.
Buyer shall pay interest on any invoice not paid when due from the due date to the date of payment at the rate of one and one-half (1–1/2%) percent per month or such lower rate as may be the maximum allowable by law. If Buyer fails to make payment when due, Seller may pursue any legal or equitable remedies, in which event Seller shall be entitled to reimbursement for costs of collection and reasonable attorneys fees. There shall be no time limit as to when Seller shall pursue any legal or equitable remedies. Reasonable annual costs of collection and attorney fees shall be defined as the greater of a maximum of € 50.000,--, one hundred percent (100%) of compounded collection amount, or maximum allowable by law.
Disclaimer and Limitation of Liability
GIESEMANN shall in no event be liable for damages, including but not limited to incidental or consequential damages, for injury to any property or to any person, by reason of the person's negligence or otherwise in connection with the safe, delivery, installation or use of the products and/or provision of services pursuant to this agreement, and purchaser shall indemnify and hold harmless GIESEMANN against further liability. Without limiting the generality of the foregoing, GIESEMANN shall in no event be liable for lost profits arising out of, or in connection with, this agreement. Neither GIESEMANN nor purchaser shall be liable for delay in the performance of any of its obligations under this agreement arising out of causes beyond it control, including but not limited to acts of God, governmental action, fires, floods, epidemics, quarantines, strikes, embargoes, or severe weather.
General Provisions and Governing Law
This agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. Neither this agreement nor any variation or modification of this agreement or waiver of any of the terms or provisions hereof shall be deemed valid and binding upon GIESEMANN unless in writing, signed by an officer of GIESEMANN and delivered by GIESEMANN to Purchaser. Failure by either party to enforce the terms hereof shall not be deemed a waiver of future enforcement of that or any other term. This agreement shall be construed and enforced in accordance with the procedural and substantive Laws of Germany, and both parties agree that the federal and state courts located in Nettetal (Germany) shall have jurisdiction over any matter arising in connection with the agreement, and hereby submit to such jurisdiction, further, the parties agree that venue for any matter arising in connection with this shall properly lay in Germany.
Notices under this agreement shall be in writing and forwarded registered or certified mail, postage prepaid. Notices to GIESEMANN shall be addressed to Giesemann Lichttechnik GmbH. Buerdestrasse 14, D- 41334 Nettetal (Germany). Notices to purchaser shall to be to the Purchaser's principal
For online purchased accessories and spareparts only
GIESEMANN warranty obligations are limited to the terms set forth below:
GIESEMANN warrants this product against defects in materials and workmanship for a period of (1) year from the date of original retail purchase. If a defect exists, at its option GIESEMANN will (1) repair the product at no charge using new or refurbished replacement parts, (2) exchange the product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original product. A replacement product assumes the remaining warranty on the original product or 90 days; whichever is longer. When a product or part is exchanged any replacement item becomes your property and the replaced item becomes GIESEMANN property. When a refund is given, your product becomes GIESEMANN property.
Obtaining Warranty Service
Any and all warranty claims must be accompanied with original purchase invoice and warranty card. Products may be returned only after gaining written permission from GIESEMANN and all goods must be returned freight prepaid to our warehouse.The original packging (outer carton and inner packaging) is required on all returns. Goods returned under warranty and found defective will be repaired or replaced at the discretion of GIESEMANN, and returned to the customer freight prepaid. Goods returned under warranty and found to be not defective or damaged caused by accident, abuse, misuse, misapplication or non GIESEMANN products; and to a product or a part that has been modified without the written permission of GIESEMANN will be returned to the customer freight collect. Normal Handling charges will apply.
Exclusions and Limitations
The GIESEMANN warranty applies only to products manufactured by or for GIESEMANN that can be identified by the GIESEMANN trademark, trade name or logo affixed to them. GIESEMANN warranty does not apply to any non-GIESEMANN product even if packaged or sold with GIESEMANN products. GIESEMANN and their authorized dealers are not liable for any damage or loss to housing or animal life living in aquariums and damages caused during transport. This warranty does not apply: (a) to damage caused by accident, abuse, misuse, misapplication or non GIESEMANN products; (b) to a product or a part that has been modified without the written permission of GIESEMANN. Light bulbs are guaranteed to operate when first installed. No warranty exists when the glass is broken. The wide variety of ballasts now being used operate over a wide range of specifications and make any blanket warranty impractical. Technical parts as lampholders, ballasts, ignitors and all other electrical and electronical items needs to be installed by an certified electrician. Electrical parts are guaranteed to operate when first installed. Any additional warranty for these self mounted parts can not be given.
Any claim for warranty coverage must be made according to our warranty conditions.
THIS WARRANTY SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS, WHETHER ORAL WRITTEN, EXPRESSED OR IMPLIED. GIESEMANN LICHTTECHNIK GMBH SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GIESEMANN IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITIONS, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DOWNTIME, GOODWILL, DAMAGE TO OR REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING. REPURCHASING OR REPRODUCING ANY MATTER STORED OR USED WITH GIESEMANN PRODUCTS. GIESEMANN SPECIFICALLY DOES NOT REPRESENT THAT IT WILL ABLE TO REPAIR ANY PRODUCT UNDER THIS WARRANTY OR MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR LOSS OF AQUARIUM LIFE.
To avoid returns we suggest you ask about any product you are unsure of and their warranties before you order. We are staffed with extremely knowledgeable lighting experts who are well-trained in all the products we sell. For Closed Packages: Because we cannot accept returns of products once they have been opened, before opening each product please check its packaging and label carefully to be sure you received the correct product and version. If the supplier's original packaging and seal is still intact, you may return the product to us within 14 days from purchase for an exchange, merchandise credit or refund (excluding shipping and handling charges). Return shipping to us is at your own expense.
RMA (Returned Merchandise Authorization)
All products returned to us must be accompanied by a valid Return Merchandise Authorization (RMA) number issued by us within 30 days of your original invoice date. RMA’s expire in 15 days after they are issued and cannot be extended or re-issued. All returned products must be 100% complete in original packaging and in resalable condition, with all packaging, software, manuals, cables, components, blank warranty cards and other accessories and documentation included. A valid RMA number must be written clearly and conspicuously on the outside of the packaging. Incomplete or unauthorized returns will be refused. Any deviation from the returns process outlined above will result in a delay of your refund, an additional restocking fee, and possibly a refusal of your return. Shipping and handling charges are not refundable. On items where shipping and handling is not billed or is free, shipping and handling charges will be approximated to 10% of the regular retail price of merchandise. The customer is responsible for shipping charges and insurance on all return shipments including defective items.
If packages need to be returned to us, please email us at email@example.com or call us at +49-2157 812990 (Fax +49-2157 812999) for an RMA number and return shipping procedures.
Some important notes:
Returned items should be sent to: Giesemann Lichttechnik GmbH Buerdestrasse 14 D- 41334 Nettetal (GERMANY)