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article 1648 of the same Code "an action resulting from redhibitory
defects must be brought by the buyer within two years from the
discovery of the defect".
With respect to the guarantee of conformity, according to articles
L217-4 and L217-5 of the French Consumer Code "the seller shall
deliver a product which conforms to the contract and is held liable
for any lack of conformity which exists upon delivery. He is also
held liable for any lack of conformity caused by the packaging or
the assembly instructions, or the installation if he assumed respon-
sibility therefor or had it carried out under his responsibility" and "the
product conforms to the contract:
1. If it is suitable for the purpose usually associated with such a prod-
uct and, if applicable: -if it corresponds to the description given
by the seller and has the features that the seller presented to the
buyer in the form of a sample or model; - if it has the features that
a buyer might reasonably expect to have considering the public
statements made by the seller, the producer or his representative,
including advertising and labeling;
2. Or if it has the features defined by mutual agreement between
the parties or is suitable for any special requirement of the buyer
which was made known to the seller and which the latter agreed
to". In addition, an "action resulting from a lack of conformity
lapses two years after delivery of the product" (article L217-12
of the French Consumer Code).
- Germany
The conditions of the Guarantee do not apply to rights granted
under statutory warranty and consumer protection laws. This
Guarantee is in addition to other rights and remedies available
to you under the laws of Germany, which cannot be excluded.
Nothing in this Guarantee purports to limit, modify, take away
from, disclaim, exclude or suspend any mandatory guarantee
requirements provided or non-excludable statutory rights you
may have under the laws of Germany, in particular the statutory
warranty and consumer protection rights under Sec. 434 ff., 474
ff. German Civil Code (Bürgerliches Gesetzbuch, BGB).
Irrespective of the rights granted under the Guarantee, if your
Product is defective and does not conform to contract at the time
of delivery, you are entitled by Sec. 434 ff. 474 ff. BGB, at your
choice, to a replacement or to have the Product repaired. If we
are not able to replace or repair your defective Product or refuse
to do so, you may be entitled to revoke the purchase agreement,
reduce the purchase price or demand damages or reimbursement
of futile expenditure.
In addition to the conditions set forth in this Guarantee form
above, the Guarantee does not apply in the events of a lack of
fitness for a particular purpose and uninterrupted or error-free
operation. The statutory warranty and consumer protection rights,
in particular Sec. 434 ff. 474 ff. BGB, are not limited, modified,
taken away, disclaimed, excluded or suspended thereby. TAG
Heuer shall not be liable for any incidental, special, punitive or
consequential damages arising out of or in connection with the
Guarantee. In this respect, TAG Heuer shall only be liable on the
merits of willful misconduct (Vorsatz) or gross negligence (grobe
Fahrlässigkeit). The aforesaid limitation of liability shall not apply
in case of damages to the life, the body or the health of a person;
the same applies to compulsory liability according to the German
Product Liability Act (Produkthaftungsgesetz).
- Grand-Duchy of Luxembourg
This Guarantee is without prejudice to your rights and remedies
available to you in accordance with the Luxembourg legal (i)
warranty of conformity described in articles L212-1 to L-212-7 of
the Luxembourg Consumer Code and (ii) warranty against hidden
defects in the conditions set out in articles 1641 to 1649 of the
Luxembourg Civil Code.
With respect to the warranty of conformity, a professional must
deliver a Product which conforms to the contract and is held li-
able for any lack of conformity which exists upon delivery, even
unknown to him. He is also liable for any lack of conformity caused
by the packaging, the assembly instructions or the installation if
such installation formed part of the contract or took place under
his responsibility. To invoke the professional's legal warranty of
conformity, the consumer must, by any means, inform the latter
of the default in conformity within a delay of two years as of the
delivery of the Product.
With respect to the warranty against hidden defects, articles 1641
and following of the Luxembourg Civil Code state that "a seller is
bound by a warranty against hidden defects in the thing sold that
renders it unfit for its intended use, or that so impairs such use that
the buyer would not have bought it, or would only have given a lesser
price for it if he had known of the defects". In accordance with article
1648 of the Luxembourg Civil Code, the buyer must inform the
seller of the hidden defects within a brief delay as of the moment
the defect was discovered or should have been discovered.
- Greece
This Guarantee is in addition to your rights and remedies available
to you under the relevant provisions of the Greek Civil Code and
Greek Consumer Protection Law 2251/1994, which cannot be
excluded.
- Italy
This Guarantee is in addition to other rights and remedies avail-
able to you under Part IV, Title III, Chapter I of the Italian Legislative