These Terms apply for products and components which the acquirer has acquired from BJB GmbH & Co. KG, Werler Str. 1, 59755 Arnsberg (hereinafter referred to as “BJB”), insofar as BJB and the acquirer have agreed on these Guarantee Terms contractually, for example by making reference in the contract documents. Insofar as nothing to the contrary is agreed upon for the products and components affected, BJB GmbH & Co KG’s General Terms & Conditions also apply (as of 06/2011), insofar as nothing different arises from the following terms. Guarantee period Subject to compliance with the terms set out here, the acquirer is granted a guarantee for the below-mentioned period. - For active parts with a physical nominal lifetime* pursuant to the BJB product description >=50,000 operating hours, BJB grants a guarantee for a period of five years. - For active parts with a physical nominal lifetime* pursuant to the BJB product description < 50,000 operating hours, BJB grants a guarantee for a period of three years. The guarantee period commences upon the respective delivery of the products and components to the acquirer. * Life span according to TM-21 L70 (6K) as per warranty condition. Guarantee prerequisites The assertion of guarantee rights pursuant to these conditions requires that the products and components have been duly assembled and operated in accordance with BJB’s instructions. The guarantee lapses if changes or repairs are made to the products or components by people who are not qualified to do so. The acquirer has to keep a log sheet in this respect and have it ready for the purpose of the inspection. BJB representatives are to be given the opportunity to appraise the defective products in the necessary scope and within the time frame. The guarantee for individual products and components applies subject to the prerequisite that the products or components are used pursuant to their agreed specifications and guidelines or specifications and guidelines arising out of BJB product publications. Claims under the guarantee are to be notified in writing to BJB within 30 days after the appearance of the defect. The notification has to include a detailed defect description, details about the system used, the operating hours and cycles of operation, and name the installation and invoice date. If this is not done, claims under the guarantee are excluded. Moreover, guarantee claims are excluded insofar as the notified defect is attributable to the following circumstances: a - improper use, misuse or improper treatment by the customer or a third party, particularly non-compliance with instructions or technical information in the operating instructions or in the product datasheets, including installation information in catalogues and electronic media; - abnormal use conditions (e.g. ambient temperature, moisture); - defective construction components which are not part of the relevant BJB products or components for which this guarantee is granted; or - faults or fluctuations in the supply voltage or in the electric circuits outside the permissible tolerance limits. Services in guarantee case If the defect is notified to BJB within the guarantee period, BJB will in its own discretion repair or replace the defective product or refund the product purchase price to the acquirer. If the product is no longer available, BJB reserves the right to replace it with a similar product, which might have minor deviations with regard to design and product specification. Ownership of defective products is transferred to BJB upon their replacement. Transport costs are borne by BJB in guarantee cases, otherwise by the acquirer. Costs arising in connection with disassembling the defective products or product parts and assembly for the new products are not borne by BJB in the framework of the guarantee. More extensive compensation claims, including claims for compensation of indirect loss, consequential loss or lost profit, are excluded pursuant to this guarantee. Scope of the guarantee This guarantee pertains exclusively to the mortality beyond the nominal failure rate of the components. Only the full failure of the BJB products or components is deemed to be a defect and thus a guarantee case in the sense of these Guarantee Terms. Reduction in luminous flux or colour shift depending on operating time does not constitute a failure of BJB products or components and thus does not constitute a guarantee case. Due to technical advances in LED technology as well as usage-related changes in light properties (such as colour location shifts, degradation) of products, when making subsequent deliveries of LED modules, there might be deviations in the light properties compared to the original products. The guarantee period is not prolonged by the performance of work which falls under this guarantee service. The Guarantee Terms pertain exclusively to commercial, industrial customers. The acquirer’s contractual or statutory warranty rights against BJB remain unaffected by this guarantee.