Article 9 Warranty
1. Upon delivery to the Customer or a third party designated by the Customer, the Product is free from defects in materials and fit for normal use.
2. Except as stated otherwise in these Terms and Condtions, all Products are provided as is. LS makes no representations or warranties in any manner whatsoever, either express, implied or statutory, including but not limited to implicit warranties of merchantability, non-infringement or fitness for a particular purpose. No person (including any agent, dealer or representative of LS) is authorized to give representations and warranties regarding the Products, except to point Customers to this warranty. Customer acknowledges and agrees not to grant any other representations or warranties to its customers.
3. The liability of LS is limited in connection with warranty returns. If in the opinion of LS, the Customer is able to demonstrate that the Product delivered by LS does contain a defect in the material, LS has the right to its sole discretion, after return of the Product by Customer, to choose for/to:
• replacement of the Product;
• repair the defective product;
• offer a mutually agreed discount on the purchase price;
• refund of the purchase price.
4. LS is fully freed from its obligations under this article if LS performs one of the abovementioned options. LS is not obliged to pay any further compensation or damages to Customer.
5. Customer may not give their customers, being consumers, not any warranty other than described in this article 8, unless prescribed by law. All returns of Products must be in accordance with the provisions of article 10.
6. Customer, or any designated party, must inspect the Products carefully and directly at upon delivery.
7. Customer shall notify LS in writing within five (5) working days after inspection of the Products of:
• any complaints regarding defects in the Product. The complaint must state the defect, time and date of discovery of the defect, as well as the possible cause;
• or any abnormalities in the amount, weight, or quality between the delivered products, and the specification thereof in the respective Order confirmation or invoice.
8. In the event of defects that could not reasonably be established within the period specified in Article 9.6, the Customer shall forthwith, but not later than ten (10) days after the date of discovery, or date he could reasonably be expected to discover it, notify LS in writing under a complete and accurate description of the defect, time and date of discovery of the defect, as well as the possible cause.
9. If Customer fails to notify LS in accordance with provisions 9.7 and/or 9.8 on time Customer forfeits his rights with respect to such irregularity or defect. Customer is then deemed to have waived all claims relating to the warranty mentioned in this article.
10. Customer is to cease the use of the Product immediately after noticing an irregularity or defect, nor is Customer allowed to carry out repairs or let those repairs be carried out by a third party, on condition of forfeiting his rights in respect of such irregularity or defect. If LS wishes, the Customer must cooperate with an investigation by LS into the complaint.
11. LS or its designated third party may, at its option, as soon as practicable after notification of the Customer under this article, check and verify if the Products contain defects. Customer must store any Products containing defects in his view on a suitable and safe storage location until LS or a designated third party has checked the Products and LS has dealt with the complaint through a written reaction and in the case of a defect to one or more Products has provided Customer with instructions about the follow-up procedure in accordance with provision 9.3.
12. If LS supplies Products to Customer which it obtained from its suppliers, LS has no obligation to grant a warranty which goes beyond the scope of the warranty provided by its supplier.