Terms and Conditions Care Packages

of Byonoy GmbH (hereinafter referred to as “Byonoy”)

1. SCOPE OF APPLICATION 

All subscription packages are available only for those products purchased directly from Byonoy or a Byonoy authorized dealer. Subscription packages are available only for Byonoy branded devices. These subscription packages are only available in certain regions. To find out in which countries the subscription packages are available, contact our sales team.

2. DURATION

Subscription packages may be booked within a maximum of 3 months after the purchase of the device from Byonoy. The duration of the subscription packages is unlimited and can be terminated by the customer or Byonoy.

3. PAYMENT AND SHIPPING COSTS

Payments are due at the beginning of the subscription period. At the customer’s request, subscriptions can be paid in advance for a given number of years.

Byonoy reserves the right to change the prices of the subscription packages at the end of the annual period. Any price change must be communicated to the customer 3 months before the end of the annual period.

All shipping costs are to be paid by the customer in all cases except in the case of warranty claims.

4. CANCELLATION AND TERMINATION RIGHTS

The customer may cancel their subscription package by providing written notice to Byonoy. The cancellation will be effective as of the end of the current period. The cancellation of the contract for the subscription period does not affect the standard warranty period. No partial refunds will be provided.

The subscription can be terminated in the first 30 days at no cost.

Byonoy reserves the right to cancel the subscription package with minimum 3-months’ notice effective as of the end of the annual period. In this case, fees paid in advance will be refunded on a pro rata basis.

5. DISCLAIMER

Except as specified in any warranty, all express or implied conditions, representations, and warranties excluding, without limitation, 

  • any implied warranty or condition of merchantability, 
  • fitness for a particular purpose, 
  • non-infringement, accuracy of informational content, or 
  • arising from a course of usage, or trade practice, 

are hereby excluded to the extent allowed by applicable laws and are expressly disclaimed by Byonoy. To the extent an implied warranty cannot be excluded, such warranty is limited in duration to the express warranty period. 

6. LIMITATION OF LIABILITY 

In no event will Byonoy be liable for the following liability or whether arising out of the use or inability to use the hardware or otherwise, even if a party been advised of the possibility of such damages: 

  • indirect, incidental, exemplary, special or consequential damages; 
  • loss or corruption of data or interrupted or loss of business; or 
  • loss of revenue, profits, goodwill or anticipated sales or savings.

All liability of Byonoy, its officers, directors, employees, agents, and suppliers collectively, to customer, whether based in warranty, contract, tort (including negligence), or otherwise, shall not exceed the purchase price paid by customer for the hardware that gave rise to the claim. This limitation of liability for hardware is cumulative and not per incident. 

Nothing in this limited warranty limits or excludes any liability that cannot be limited or excluded under applicable law.

Byonoy will not be liable or responsible for any failure to perform, or delay in performance of, any of Byonoy’s obligations under a warranty that is caused by events outside Byonoy’s reasonable control (force majeure event).

A force majeure event includes any act, event, non-happening, omission or accident beyond Byonoy’s reasonable control and includes in particular (without limitation) the following:

  • strikes, lock-outs or other industrial action;
  • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • fire, explosion, storm, flood, earthquake, subsidence, epidemic or pandemic or other natural disaster;
  • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • impossibility of the use of public or private telecommunications networks; and
  • acts, decrees, legislation, regulations or restrictions of any government.

Byonoy´s performance under a warranty or service package is deemed to be suspended for the period that the force majeure event continues, and Byonoy will have an extension of time for performance for the duration of that period. Byonoy will use its reasonable endeavours to bring the force majeure event to a close or to find a solution.

7. GOVERNING LAW, JURISDICTION

Exclusive place of jurisdiction for all disputes arising out of or in connection with a warranty shall be Hamburg, Germany. The warranty is governed by German laws, including the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the agreed INCOTERMS 2020.

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