Translation of "Ungeeigneter betriebsmittel" in English

Claims of defects shall not be deemed to exist in the case of an insignificant deviation of the agreed on characteristics, insignificant limitation of usability, natural wear and tear or damage incurred after the transfer of risk as a result of improper or negligent use, inordinate loads or unsuitable equipment.

5.5 The following shall not give rise to any claims based on defects: merely immaterial deviations from the agreed condition of the goods, merely immaterial impairments to their utility, natural wear and tear, or loss or damage that arises after the Risk has passed as a result of incorrect or careless treatment, overuse, unsuitable operating resources, defective building work, unsuitable building foundations or special external influences that are not requirements under the contract.

Fossy is not responsible for mistakes, breakdowns or damages as a result of improper means of operations or equipment.

This shall also apply to deficient commissioning, natural wear and tear, deficient or negligent treatment, the use of unsuitable equipment as well as chemical and/ or electrical influences which are beyond the common operational circumstances.

The customer shall not be entitled to assert claims based on defects for usual wear and tear or any damage that incurred after the transfer of risk due to wrong or negligent treatment, excessive strain, unauthorized structural changes, improper repair, non-observance of the operating manual, unsuitable equipment or special external incidents such as events of force majeure, which were not foreseen in accordance with the contract.

No claims for defects can be asserted in the case of only minor deviation from the agreed property, only minor impairment of usability, natural wear or damage caused after the passage of risk as a result or faulty or negligent handling, excessive loads, inappropriate operation facilities, defective construction work, unsuitable subsoil or on account of special outside influences that were not assumed under the contract, together with not reproducible software errors.

Claims for defects shall also be excluded in the case of damages which were caused after the passage of risk due to incorrect/negligent treatment, excessive loads, usage of unsuitable media, defective mounting, incorrect maintenance, chemical/electrochemical/electrical influences, unsuitable installation site, lack of stability, unsuitable securing measures as well as natural or environmental influences and other external influences provided such influences were not part of the contract.

No liability is assumed for damages due to natural wear and tear. Furthermore, no guarantee is granted for damages due to improper handling, such as inappropriate use, non-adherence to the operating or maintenance instructions, faulty maintenance, excessive strain, or the use of unsuitable supplies and materials, if these cannot be shown to be the fault of the seller.

The liability for defects does not refer to natural wear and tear; moreover, it does not refer to cases of damage which have occurred after the transfer of risk as a consequence of defective or negligent treatment, excessive strain, unsuited operating materials, defective construction work, unsuitable building ground and other influencing factors and/ or interfaces with upstream or downstream components which do not form preconditions as per the contract.

Deficiencies do not only result from irrelevant deviation of the agreed property, from irrelevant limitation of the usefulness, by natural wear or damages, that are a result of incorrect or careless use, excessive use as well as improper operation after the transfer of risk.

There shall be no claims based on Defect in cases of insignificant deviations from the agreed quality, of only minor impairment of usefulness, of natural wear and tear or damage arising after the transfer of risk from faulty or negligent handling, excessive strain, unsuitable equipment, defective workmanship, inappropriate building ground or from particular external influences not assumed under the contract, or from non-reproducible software errors.

Schmierling GmbH assumes no liability for damages arising due to improper use, the use of unsuitable equipment or as a result of natural wear and tear.

Unsuitable or improper use of the object of delivery by Orderer or by third parties, faulty assembly or commissioning of the object of delivery by Or­derer or third parties, natural wear and tear of the object of delivery, faulty or negligent treatment of the object of delivery by Orderer or third parties, improper maintenance of the object of delivery by Orderer or third parties, use of unsuitable operating equipment by Orderer or third parties, faulty construction work, unsuitable foundations, chemical, electrochemical or electrical influences - insofar as we shall not be answerable for these cases.

The guarantee obligation lapses if changes to the goods supplied have been carried out by the customer without our written permission, in the case of inappropriate or improper use of the goods, culpable non-compliance with the instructions of use or maintenance, natural wear or other circumstances which are beyond our responsibility, the use of improper operating resources as well as the due to the use of non-original spare parts.

Furthermore, it shall not apply to such damage which occurs after the transfer of risk as a result of faulty or negligent handling, improper maintenance, incorrect storage, incorrect assembly or commissioning, improper installation in another object or improper attachment to another object, excessive stress, unsuitable operating materials or such chemical, electrochemical or electrical influences which are not assumed under the contract and for which KFB is not responsible.

The claim for warranty shall not refer to natural wear and tear and not to damages that arise after the risk has passed as a result of incorrect or careless treatment, overuse, unsuitable operating resources and due to electrical and/or mechanical influences going beyond the proper use.

This warranty shall not apply to damage resulting from normal wear and tear, improper storage and maintenance, failure to observe the operating instructions, overstressing or overloading, unsuitable operating media, unsuitable construction work or unsuitable building ground, improper repairs or alterations by the Purchaser or third parties, the use of other than original spare parts and other reasons beyond Georg Fischer's control.

Defects resulting from unsuitable or improper use, false or improper installation or operation by the customer or by third parties, natural wear and tear, false or negligent treatment, use of unsuitable means of operation, improper storage and climatic, chemical, electrochemical or electrical influences shall be excluded, unless caused by a fault of ROTORCOMP.

Liability cannot be granted for tools, which are subject to warly wear and tear because of their type of material or because of the way of usage; furthermore not for damages resultingfrom natural wear, faulty or careless handling, extreme using, unsuitable operational material, chemical, electro-technical or electronical influences, effects of the weather or other natural effects.

6.7 The following shall not give rise to any claims based on defects: merely immaterial deviations from the agreed condition of the goods, merely immaterial impairments to their utility, natural wear and tear, or loss or damage that arises after the Risk has passed as a result of incorrect or careless treatment, overuse, unsuitable operating resources, defective building work, unsuitable building foundations or special external influences that are not included or catered for in the contract.

Claims based on defects shall not prevail where there is only a minor variation from the agreed quality, if there is only minor impairment of fitness for use, in the case of natural wear or damage arising after passage of risk as a result of incorrect or negligent handling, excessive stress, unsuitable consumables, defective building work, or as a result of special factors not envisaged in the contract.

Liability for defects shall neither include normal wear nor damage occurring after the passing of risk due to faulty or negligent storage or handling, excessive loads or inappropriate operating equipment not provided for in the contract.

Our obligation does not correspond to imperfections due to material wear, the purchas- er's faulty, negligent handling being not corresponding to the operation instruction, due to excessive strain. faulty installation works carried out by the purchaser or by third parties instructed by him, due to the usage of unsuited working media, due to transport damages or acts of God.

We shall not be held liable – unless caused by us – for unsuitable or inappropriate use or for misuse of the delivered goods, incorrect assembly and/or commissioning, natural wear and tear, incorrect or negligent care, unsuitable equipment, unsuitable floor, and chemical, electrochemical or electrical influence.

No guarantee will be granted for damage caused by improper use, faulty installation or start-up by the buyer or third parties, faulty or negligent treatment of the delivered item, in particular with regard to the operation and maintenance manuals at hand, excessive use, utilisation of improper consumables and replacement material.