Guarantee

I.) Guarantee
 
a) With this guarantee the firm NOVA Vertriebsgesellschaft m.b.H. (marketing company limited) (below simply referred to as NOVA) guarantees the owner as named on the guarantee card (below simply referred to as the owner) 300 flying hours, however, no more than a maximum period of 3 years starting from the day of purchase, that the equipment bearing the serial number does not show any material flaws or any flaws in workmanship. Should any material flaws or flaws in workmanship occur during the period covered by the guarantee and in compliance with the conditions laid down below NOVA will repair the equipment free of charge or replace faulty parts. Should rectification of the fault not be possible or prove uneconomical the rightful owner will, if so requested, receive a new hang-glider of equal quality and type on cash payment by the owner of the difference in value between the new equipment and the current value of the damaged equipment. Damage caused by improper use or normal wear and tear or faults that do not or only slightly affect the usability of the equipment are excluded from the guarantee. The claim for guaranteed service exists solely between the owner of the equipment and NOVA.

Guarantee

II.) Compensation in Case of Accident
 
The following compensation benefits are included in the price of the equipment. For the period of 1 year from the date of purchase NOVA will, on compliance of the conditions laid down, eliminate any damage caused during a flight through an accident and repair or replace the damaged parts. If the repair of the equipment is not possible or uneconomical (a write off), the owner will, on request, receive a new hang-glider similar in type and quality on cash payment by the owner of the difference in value between the new model and the current value of the damaged equipment. Other damage or injury to persons or theft or other loss are not included in the compensation obligation, neither are faults which do not or only slightly affect the usability of the equipment. A claim for compensation only applies to flying accidents involving the owner. Middlemen or other persons who have been given the equipment for whatever reason are not entitled to compensation.

 
III.) Conditions
 
The same conditions apply to the guarantee and the compensation obligations.
 
a) Guarantee and compensation only apply from the date given on the guarantee card issued by NOVA. Compensation for damage caused before this date does not apply.
 
b) The guarantee and compensation obligations only apply to private sport and leisure time activities not, for example, for use for commercial purposes.
 
c) The owner must keep a flight logbook in which all flights undertaken must be recorded and where at least the location, date and length of the flight are documented.
 
d) In the case of damage the equipment together with the guarantee card and sales contract must be sent to NOVA or an authorised general agent. Repairs or replacements of damaged parts will be undertaken solely by NOVA. If the work is undertaken by third parties there is no entitlement to compensation.
 
e) The current value of the hang-glider is determined as follows: the loss in value is calculated at 3% per month from the date of purchase (date of sales contract). In the first year the list price will apply, in the following two years it will be calculated according to the existing current value on 31.12 of the previous year.
 
f) All the necessary transport costs incurred and all risks arising in the carrying out of the guarantee and compensation obligations will be carried by the owner. Old used parts (in the case of a write off the entire equipment) will become the property of NOVA.
 
g) The guarantee and compensation obligations on the part of NOVA are limited to those specified on the guarantee card. The repair or replacement of other faults or damage, in particular damage caused as a result of faults, positive interests etc. is excluded. The legal rights of the owner are, however, not affected by this. When guaranteed compensation has been fulfilled once all further guarantee claims concerning NOVA protect become null and void. Legal guarantee deadlines exist in addition to this guarantee and will not be extended.
 
 
Additional Conditions for Guarantee Obligations
 
a) Guarantee obligations will only be carried out if the fault is reported to NOVA within the 3 year guarantee period and within 14 days of recognising the fault. This must be done in writing and be sent by registered mail. Faults that are only reported after the guaranteed period has run out are not included in the guarantee if they were not recognised within the guaranteed period.
 
b) After two years from the date of purchase the equipment should be checked by a NOVA authorised workshop.
 
 
Additional Conditions for Compensation Obligations
 
a) Within 14 days of the date of an accident an accident report sent by registered mail together with the complete damaged equipment must be sent to NOVA or an authorised general agent. The accident report must include the location and date of the incident as well as a description of the accident. If required any further documents necessary to clarify the assessment must be sent to NOVA.
 
b) In cases of gross negligence or deliberate damage on the part of the owner, all claims for compensation will become null and void. This also applies to accidental damage caused by a third party.
 
c) For all compensation obligations fulfilled by NOVA, in keeping with the conditions, the owner bears the cost of 50.- EURO. Compensation obligations will only be met after the complete payment of this amount.
 
 
In as far as the above mentioned conditions are not completely fulfilled, NOVA is entitled to refuse guarantee or compensation obligations.