KYOCERA Document Solutions Europe Management B.V. (“KYOCERA”)

KYOlife – Warranty Terms (International Version)

1. Scope of warranty

The warranty is issued on the day on which the machine is bought from KYOCERA or the local KYOCERA distributor or authorised dealer of KYOCERA. The warranty is provided irrespective of any claims of the customer against the vendor; in particular, any warranty claims against the vendor are not affected. The warranty is issued for the machine and its options aswell as the individual parts or components contained as described on the warranty card. The warranty does not cover wear parts inside the machine or its options, consumables and faults on the machine caused by the application software. The warranty covers only the repair or replacement of the components of the KYOCERA machine or its options, which are defective as a result of material or manufacturing faults. Any such repair or replacement shall not extend the warranty period. After the repair work has been completed, any replaced parts shall be retained by KYOCERA or the local KYOCERA distributor or authorized dealers of KYOCERA and shall subsequently become the property of KYOCERA.

2. Warranty periods, place of warranty fulfilment

KYOCERA provides an on site warranty for a period of three or four or five years as specified in the warranty card on the machine and the options specified in the warranty card starting from the date of the purchase by the customer. As far as a maximum print output is specified, the warranty terminates at the date when this maximum print output is reached within the warranty period. KYOCERA or its local KYOCERA distributor or their authorised service partners shall fulfil the warranty on site, i.e. at the customer’s premises. The repair work shall commence on the working day except Saturday following the day on which the fault is notified, if the customer has notified the fault to the call centre of KYOCERA or the local KYOCERA distributor or authorised dealers of KYOCERA, but no later than twelve hours. The service shall be provided Mondays to Fridays during the normal business hours except Saturday and except on the statutory public holidays applicable to KYOCERA or the local KYOCERA distributor or their service partners. Should customer’s notification arrive later then twelve o’clock, the repair may start one day later.

Note: The response and service times of KYOCERA or the local KYOCERA distributor or their service partners may be different indifferent countries. The KYOlife warranty extension can also be purchased even after the purchase of the machine or the options. However, the application for registration must always have been received by KYOCERA or its local distributor within one year after the purchase of the machine.

3. Correct operation of the machine

  • a) The machines must be operated within the product specifications defined by KYOCERA. This applies in particular to the maximum print capacity as defined in the warranty card with an even distribution of the monthly print volume.
  • b) Only suitable printing materials shall be used.
  • c) The maintenance and care instructions set out by KYOCERA in the user manual must always be followed.
  • d) The customer is obliged to have KYOCERA or the local KYOCERA distributor or an authorised service partner install a maintenance kit or a service kit all parts at his own cost when the machine attains a print output as specified in the warranty card. The customer must maintain proof that such kits have been installed on time.

    • 4. Conduct in the event of a fault

    In the event of a fault, the customer must contact the service call centre of KYOCERA or the local KYOCERA distributor or authorised dealer of KYOCERA. The customer is prepared to remedy the cause of the problem himself with the aid of advice provided by telephone. If the customer is not able to remedy the problem himself, the problem shall be remedied by means of repair or replacement at the discretion of KYOCERA or the local KYOCERA distributor or authorised dealer of KYOCERA. The following is applicable if the warranty is fulfilled on site:

    If it becomes apparent during the service on site that the problem is not covered by the warranty, the customer must bear the costs of the call to his premises and the work done there. In this case, such costs will be invoiced directly by KYOCERA or the local KYOCERA distributor or the service partner. If the problem is not covered by the warranty, it will not be repaired under the terms of the warranty. If the customer nevertheless wishes the fault to be repaired by KYOCERA or the local KYOCERA distributor or a service partner, he must make a separate agreement.

    5. Release from obligation to provide service

    The customer shall provide KYOCERA with the time and opportunity necessary for remedying the problem. If the customer refuses to provide the necessary time and opportunity, KYOCERA shall be released from the obligation to provide the service under the terms of the warranty.

    6. Special exceptions from the warranty

    The following in particular are not covered by the terms of the warranty:

    • a) Damage caused by failure to observe the operating instructions (in the user manual); for instance damages caused by dirt inside the machine due to lack of regular cleaning, damage caused by connecting to wrong mains voltage as well as damage caused by local conditions such as excessive dust, relative humidity, gases and vapours etc.;
    • b) Damage caused by the intervention of third parties; in particular mechanical damage on the surface of the print drum;
    • c) Machines which are used incorrectly or modified without appropriate authorisation;
    • d) Machines which are operated beyond the monthly duty as specified in the warranty card;
    • e) Machines whose permitted monthly duty as specified in the warranty card is not evenly distributed over the month;
    • f) Machines in which service kits and maintenance kits are not installed in the prescribed intervals;
    • g) Machines which are not operating in environmental conditions as defined for the machine;
    • h) Machines where the type plate with the serial number is missing, or where the type plate with serial has been manipulated;
    • i) Machines which are operated with unsuitable print media;
    • j) Damage attributable to any other fault of the customer or third parties;
    • k) Damage attributable to force majeure, nature catastrophes etc;
    • l) Damage attributable to not suitable, not faultlessly working components or damage attributable to not suitable components of third party suppliers like memory modules, networking cards etc.

    Special note: Failure to use original KYOCERA toner: If damage is proven to be caused by the failure to use original KYOCERA toner, such damage is not covered by the warranty.

    7.Warranty registration

    The KYOlife warranty extension can only be bought and registered one year after the purchase of the machine. The registration card enclosed with the KYOlife warranty card must be completed and returned the local KYOCERA distributor within 8 weeks of purchase. If the customer fails to return the card, the customer shall not be entitled to any warranty claims and services resulting from the KYOlife warranty.

    8. Proof of warranty in the event of a warranty claim

    The registration of the extended KYOCERA warranty KYOlife is essential if any warranty claims are to be made.If it is not possible to establish that a valid KYOCERA warranty KYOlife has been registered when the customernotifies a problem, the customer must supply proof that the extended KYOCERA warranty does indeed exist.This can be achieved only by submitting the purchase receipt for the machine together with the purchase receiptfor the extended KYOCERA warranty KYOlife.

    9. Manipulation

    The warranty card and registration card for the KYOCERA warranty are documents as defined under local law. Any unauthorisedalteration or manipulation is an offence and will invalidate the warranty claims.

    10. Liability to meet claims for damages

    • a) The liability of KYOCERA to meet claims for damages, for whatever reason, and particularly as a result of impossibility, delay,defective or incorrect delivery, other infringement of contractual obligations, infringement of obligations during the contract negotiations and sort is excluded or limited subject to the following stipulations:
      • I) In the event of normal negligence of institutions, statutory representatives, employees and distributors or service partners of KYOCERA, as well as other persons engaged to fulfil contractual obligations;
      • II) In the case of gross negligence of the employees of KYOCERA (excluding senior executives) or other persons being engaged in the performance of the obligations, unless an infringement of major contractual obligations is involved.
    • b) If KYOCERA is in principle liable to meet claims for damages, the liability shall be excluded:
      • I) For damage which KYOCERA neither foresaw as a possible consequence of a contractual infringement at the time of the conclusion of the contract nor which KYOCERA ought to have foreseen, assuming that normal care had been taken, if consideration is given to circumstances which KYOCERA knew or ought to have known;
      • II) For remote damage, i.e. damage which is not caused to the machine or to persons or property, which come directly into contact with the machine, and in particular financial loss;
      • III) For damage where the event leading to the damage can be controlled by the customer and the occurrence of which the customer ought to have been able to prevent if normal care is used.
    • c) If KYOCERA is liable due to infringement of care or supervision obligations the liability, even in the case of an infringement of major contractual obligations, shall be excluded in the event of normal negligence of institutions, statutory representatives, employees and other persons engaged in the performance of the obligations of KYOCERA as well as in the event of gross negligence of employees (not senior employees) and persons engaged for the performance of contractual obligations of KYOCERA where
      • I) comprehensive insurance is normally taken out in the sector for the damaged property or
      • II) in the customer’s sector, the risk underlying the damage which occurs is normally insured by the customer.
    • d) In the event of normal negligence, the liability of KYOCERA to cover property or personal damage shall be limited to the total cover of the product liability insurance or the third-party liability insurance of KYOCERA, even in the event of an infringement of major contractual obligations. KYOCERA is willing to allow the customer upon request to inspect the relevant policy.
    • e) The above exclusions and limitations of liability are applicable to the same extent for institutions, statutory representatives, senior and non-senior employees of KYOCERA and other persons engaged by KYOCERA to fulfil contractual obligations.
    • f) In case of delivery or supplementary delivery of software, KYOCERA, its institutions, its statutory representatives, senior and non-senior employees and other persons engaged to fulfil contractual obligations are only liable for loss and the alteration of data attributable to defaults to the extent which also would be inevitable if the customer had correctly performed his duty to secure the data in adequate intervals, at least every day. The subsections a) to e) shall apply accordingly.
    • g) Any claims based on the law on product liability according to the EC directive on product liability are not affected.

    11. Miscellaneous

    • a) All relations between KYOCERA and the customer shall be deemed to have been fully governed by and construed in accordance with the laws of the Netherlands,the application of the Vienna Convention on Contracts for the International Sale of Goods (CISG) being excluded.
    • b) All disputes arising in connection with this warranty shall be finally settled by the competent court in Amsterdam, the Netherlands, as far as legally permitted.
    • c) The purpose of heading in these warranty terms is merely to provide better orientation. They are not significant for interpreting the warranty terms.
    • d) If one or more stipulations of this warranty are entirely or partially invalid, or if they become partially or entirely invalid, this will not affect the validity of the remaining stipulations. The stipulations which have become invalid shall be replaced by legally valid regulations, which most closely approximate the intent of the invalid stipulation.

    KYOlife International version 1.0



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KYOlife Terms and Conditions