Service- und Garantieoptionen

§ 1 Performance, scope, duration

The service and guarantee options of Happyware Server Europe GmbH (below named Happyware) are available in the Federal Republic of Germany and Austria, other countries only in agreement and in advance written confirmation. Decisive for the duration of the guarantee options is the invoice date of the system.

§ 2 Guarantee options

The following guarantee options are available at Happyware - we reserve explicitly to change these options to the circumstances of the market to our own discretion totally or in parts or to delete them from program. The respective performances enclosed in the guarantee options are available on our website www.happyware.com in their relevant version. Information of which of the following guarantee options are included to your chosen package you will find within the description of your guarantee package.

• (a) Phone support
  Our free of charge phone support is available from Monday to Friday from 09.00 h to 18.00 h. For second hand products charge free phone support is excluded.
• (b) Installation support
  The installation support is for support of initiation of the delivered system (hardware and hardware configuration only) within 30 days from date of invoice.
• (c) Pick-up and return
  Pick-up by our freight forwarder, repair and return by Happyware. The repair respectively the exchange is done regularly within 72 hours and only after prior qualifying and approval of a RMA (Case-ID) number.
• (d) Bring-in
  Shipment to Happyware, repair and return by Happyware. Any service and deliverable on-site of the customer are chargeable and will be charged separately as long as not differently agreed.
• (e) In-advance exchange (for components only)
  Pick-up and in-advance exchange by Happyware or a partner authorised by Happyware is only executed after prior qualification and approval of a RAM (Case-ID) number. The return of the defect part has to be done within 10 working days after shipment of the spare part, otherwise Happyware will invoice for the spare part. For cash on delivery customers and / or new customers a financial covering by credit card is mandatory. Any service and deliverable on-site of the customer are chargeable and will be charged separately as long as not differently agreed.
• (f) Reaction time
  The malfunction information will be done from Monday to Friday from 09:00 h to 14:00 h by phone support, fax or e-mail. Within four hours after receipt of the malfunction information a response by Happyware and the start of fault analysis and the fault analysis itself will be effected.
• (g) On-site service
  The malfunction information will be done from Monday to Friday from 09:00 h to 14:00 h by phone support, fax or e-mail. Within four hours after receipt of the malfunction information a response by Happyware and the start of fault analysis and the fault analysis itself will be effected. The identification of necessity for an on-site service will be provided by Happyware support or a contract partner that was instructed by Happyware. The task starts after qualification and approval by Happyware support within 48 hours for On-site (Monday to Friday) and within 24 hours for Exclusive (Monday to Saturday). The task can be executed by an authorised Happyware partner as well. The time frame for the fault clearance by the Happware service is between 10:00 h and 22:00 h. In case the service on-site shouldn’t be executed within the agreed time, Happyware will rebate the sales price for the service, as far as Happyware is personally responsible for the delay. For delays that are originated by third parties, Happyware is not responsible. If it is about holidays that are locally common or that are federal the task will be done on the following working day.

§ 3 Preconditions and procedure for the supply of performances on guarantee options

• (1) Prior to any in-advance exchange or on-site service a qualification of the fault has to be done by Happyware support. After the qualification you will receive a RMA (Case-ID) number by the support team under which the service information is handled (transmittals without RMA/Case-ID number cannot be handled and will be immediately returned to the addressee).
• (2) To enable an exact fault analysis the guarantee is obliged to help within his possibilities. The service and / or guarantee performances that have to be executed by Happyware can – as far as it is possible – to the choice of Happyware also be done by phone, fax or e-mail.
• (3) Prior to usage of the Happyware support the guarantee has to care, that all sources of defect outside of the configuration of the delivered system can be excluded. An in-advance exchange respectively on-site service is excluded for defects that do not lead to a damage of the operational liability of the system.
• (4) Happyware can use new and/or as good as new goods for required spare parts. If necessary equal or spare parts of higher level can be used. For exchanged spare parts the unlimited property passes on to Happyware.
• (5) Prior to fault clearance a complete data backup has to be executed self dependently and independently by the guarantee. Systems integrated in networks have to be prepared before fault clearance and have respectively to be taken from the net.
• (6) A re-installation of the operating system that was pre-installed by Happyware at delivery can be checked after an agreement and eventually be executed (in the case of a re-installation the guarantee has to keep ready all necessary licenses, data mediums, drivers etc.)
• (7) The guarantee is responsible, that at the usage site of the system the specific conditions are kept that are necessary for operating the system (e.g. ambient air humidity, compartment air, room temperature, dust etc.). During the fault clearance a guarantee’s employee has to be available free of charge.
• (8) For on-site services on islands and areas difficult to access within the Federal Republic of Germany and Austria there can no fix times assured for the fault clearance. The usage of on-site service can furthermore deviate from the agreed times in case of complicated conditions (e.g. force majeure, weather conditions, impossibility of spare part delivery etc.). The guarantee has to prepare the system on-site in the way that a free, safe, unlimited and immediate access for the technician is ensured. If reasons exist on-site that delay an on-site service or make it impossible the technician is authorised to cancel the works or to start at a different point of time. Additional costs that were generated from these or other reasons are on account of the guarantee and will be invoiced separately against work report (e.g. anew approach due to inaccessibility of the system).
• (9) ) For eventual damages that were or will be generated by the downtime Happyware isn’t liable. A guaranteed recovery time can be agreed to only in individual case after prior check and written agreement by Happyware. In any other case a recovery time cannot be guaranteed, since it might be necessary, that eventually further information or spare parts have to be ordered for fault clearance. If a fault clearance isn’t possible on-site, since the fault cannot be localised exactly, Happyware is authorised to check, to repair the system or to carry out further tests in their own workshop.
• (10) Happyware doesn’t sign a confidentially agreement for data that were or are stored on the system. This includes especially data stored on the data volumes that will or have been changed, when these data volumes are passed on to the producer of the data volume for further treatment, repair or exchange.

§ 4 Miscellaneous

• (1) These conditions are as well valid for the following guarantee options that the guarantee concludes in future with Happyware. The guarantee will be informed about changes of these conditions in sufficient time prior.
• (2) Furthermore the general terms and conditions of Happyware IT-Distributions GmbH are valid in their relevant version.