FEIG Mobile Care NFC Booster with Bluetooth Instructions

: June 12, 2024
: FEIG

FEIG Mobile Care
– Service Conditions FEIG Mobile Care Basic –

Scope and deviating Conditions

1.1. FEIG ELECTRONIC GmbH (hereinafter “FEIG”) provides services for mobile devices from the FEIG product range (hereinafter “Contract Product(s)”) to the participants in the FEIG Mobile Care Basic Program (hereinafter “End Customers”) as long as the conditions for using the services according to Point 2 have been fulfilled. Aside from repairing hardware, the object of the service is also to perform repairs relating to firm- and software as well as support services to the extent specified in Points 4 – 6.
1.2. The services performed by FEIG are territorially limited to the member states of the European Union as well as of the EEA, including Great Britain and Switzerland. In order to determine the territorial area of application, the respective End Customer’s place of business is taken into account.
1.3. The services to be performed by FEIG in the context of the FEIG Mobile Care Basic Program shall not affect the statutory warranty and product liability claims that the End Customers are entitled to against the seller of the Contract Products.
1.4. Any conditions from the End Customer that deviate or supplement the provisions of these Service Conditions, especially their General Terms and Conditions shall not apply to the performance of the FEIG Mobile Care. They shall also not apply if FEIG performs the service unconditionally in full knowledge of these General Terms and Conditions.
1.5. FEIG is entitled to have the services in the FEIG Mobile Care Basic Program performed by an authorised FEIG partner, either in full or in part.

Conditions for the Utilisation of Services

2.1. The End Customer is only entitled to use the services in the FEIG Mobile Care Basic Program if all the following preconditions exist:
2.1.1. The End Customer is an entrepreneur in terms of Section 14 BGB (German Civil Code) and has purchased mobile devices from the FEIG product range, either directly from FEIG or from an authorised FEIG partner, who buys mobile devices directly from FEIG and resells them in his own name and on his own account.
2.1.2. At the time of using the services in the FEIG Mobile Care Basic Program, the End Customer is the owner of the Contract Products purchased according to Point 2.1.1.
2.1.3. The End Customer has their place of business within the territorial scope defined in Point 1.2.
2.1.4. The End Customer has to order the services in the FEIG Mobile Care Basic Program within 30 days of purchasing the respective Contract Product. Decisive for the time of purchase is the delivery date. In the event that the Contract Products and the FEIG Mobile Care are purchased at the same time, the End Customer must specify for which Contract Products they want the FEIG Mobile Care. For this purpose, the End Customer must order the Contract Products for which they want FEIG Mobile Care separately from those for which they do not want FEIG Mobile Care.

Conclusion of Contract

3.1. By ordering FEIG Mobile Care Basic, the End Customer makes a binding offer to order the services in the FEIG Mobile Care Program. FEIG Mobile Care Basic must be ordered using the service order form made available by FEIG.
3.2. A contract on the performance of the services in the FEIG Mobile Care Basic Program (hereinafter “Service Contract”) is only concluded between FEIG and the End Customer with a written declaration of acceptance from FEIG; the text form is sufficient here.

Extent and Methods of Hardware Repairs

4.1. Services to repair hardware are performed by FEIG in the context of the FEIG Mobile Care Basic Program for the End Customer to the extent specified below:
Resolving functional errors: Functional errors are device defects from manufacturing that lead to complete or partial malfunction and/or functional impairment of the Contract Products, such as loose plugs on the circuit board, malfunction of the barcode or RFID engine or a defective USB interface.
4.2. Subject to the regulations in Points 7 – 8, FEIG will fix functional errors in terms of Point 4.1. at its discretion either by repairing the faulty/damaged Contract Product or by replacing it with a new Contract Product of the same value or with a high-quality refurbished product.
4.2.1. FEIG reserves the right to provide repair either through repairs or by exchanging defective parts. In the case of exchanges, FEIG will use either new original parts or highquality refurbished replacement parts.
4.2.2. Repairs are done in the FEIG service centre. FEIG will endeavour to repair the faulty/damaged Contract Product within a reasonable period of time. Due to the fact that the Contract Products can contain faults/damages of a different kind or complexity, the repair period may vary.
4.2.3. If FEIG deems it necessary and deviating from the above regulation, maintenance of the faulty/damaged Contract Product can, in individual cases, also be performed directly on site at the End Customer’s premises.
4.2.4. In the case of a replacement delivery, FEIG retains the right to exchange the faulty/damaged Contract Product with a model marked with a different serial number than the original, especially if the type and extent of the fault or damage to the Contract Product cannot be traced back to the original (end-customer-specific) configuration or the End Customer has technically secured their Contract Product in such a way that it is not possible to make changes to the (end-customer-specific) configuration. In the case
of a contractually warranted end-customer-specific configuration of the Contract Product by the Seller, the Seller shall restore the original (end- customer-specific) configuration.
4.3. Costs incurred for the repair/replacement delivery, especially labour and material costs, as well the cost of sending the repaired Contract Product and replacement products back are borne by FEIG. The costs of sending the faulty/damaged Contract Product to FEIG are borne by the End Customer. Ownership of the faulty/damaged Contract Product that has been exchanged for a replacement device in terms of Point 4.2.4. shall pass to FEIG.

5.1. In the context of the FEIG Mobile Care Basic Program, FEIG provides services for the firm- and software contained in the Contract Product as long as this was developed and/or made available by FEIG.
5.2. Subject to the regulation in Point 5.1., FEIG will fix the programming errors inherent in the firm- and/or software. A programming error occurs when the firm- and/or software contained in the Contract Product does not provide the functionalities specified in the product data sheet and this results in a complete or partial malfunction and/or a functional impairment of the Contract Product; for example, if – unless otherwise stipulated by the Parties – the barcodes or RFID tags defined in the product data sheet cannot be read or described.
5.3. Subject to the regulations in Points 7 – 8, FEIG will fix programming errors in terms of Point
5.2. by making updates available. The End Customer must see to the installation of updates.

Providing Helpdesk Support Services

6.1. In the context of the FEIG Mobile Care Basic Program, the End Customer gains access to a telephonic service hotline with live support from competent specialists (Helpdesk Support). In the event of questions or technical problems, the End Customer must first contact the aforementioned Helpdesk Support by telephone or email. If there are technical problems with the Contract Products, the competent specialists of the Helpdesk Support work out solution concepts together with the End Customer. The support hours are based on the usual business hours of the FEIG partner authorized by FEIG according to clause 1.5.
6.2. The authorized FEIG partner will react to support queries from the End Customer within 24 hours, whereby the next working day is decisive (subject to possible business/public holidays at the head office of the authorized FEIG partner). Due to the varying complexity of support queries, the 24-hour reaction time is only a guideline and cannot be guaranteed.

Services not covered

7.1. The following services are not included in the scope of services provided by the FEIG Mobile Care Basic Program:
7.1.1. Removing flaws from external plastic parts that do not affect the functionality of the Contract Product such as scratches on the case or dirt on plastic or case parts;
7.1.2. Maintaining as well as repairing and replacing accessories such as, for example, glove cuffs, fastening clips, protective covers, attachment cables or protectors;
7.1.3. Maintaining, repairing or replacing the battery integrated into the Contract Product (including the battery cell and its shell);
7.1.4. Making firmware upgrades available that involve a new version of the operating system;
7.1.5. Maintaining, repairing or replacing software that was developed and/or made available by the End Customer or a third party without involving FEIG.
7.2. The End Customer is, however, free to purchase accessories, batteries as well as firmware upgrades from the seller of the Contract Products. This does not, however, apply to batteries, which are firmly integrated into the Contract Product.

Limited Services

8.1. FEIG is not obligated to provide the services in the FEIG Mobile Care Basic Program if the fault/damage to the Contract Product can be traced back to the fact that
8.1.1. the Contract Product was damaged due to an event of force majeure, especially wars, riots, crimes, fire, water, storm or natural disasters;
8.1.2. the Contract Product was exposed to unusual physical or electrical loads as well as other forces or environmental influences that exceed the normal use within the operating and environmental parameters stated in the respective product specifications;
8.1.3. the Contract Product is worn-out as a result of normal aging and use of the Contract Product (for example worn keys, contacts as well as plugs and sockets);
8.1.4. the Contract Product was accidentally damaged (for example cracks in or damage to housings, plastic parts, displays, keyboards and keypads; broken or missing scan triggers or scan windows);
8.1.5. the End Customer or an unauthorised third party, without FEIG‘s prior written consent, worked on or changed the Contract Product or combined it in total or in part with other hard- and/or software products than those authorised by FEIG;
8.1.6. the Contract Product was unilaterally repaired or otherwise changed for this purpose by the End Customer or an unauthorised third party without FEIG’s prior consent;
8.1.7. the Contract Product is used in a different hardware environment or in connection with a different software environment than the ones envisaged at the time of delivering the Contract Product;
8.1.8. the Contract Product was not updated with the latest firm- and/or software made available by FEIG;
8.1.9. the Contract Product was used in a way that does not comply with the decisive operating instructions and/or manuals;
8.1.10. the Contract Product was used in connection with unsuitable tools or accessories;
8.1.11. the Contract Product was damaged or otherwise misused deliberately or gross negligently.
8.2. Should FEIG receive a Contract Product where the fault/damage can verifiably be traced back to the facts listed in Points 8.1.1. – 8.1.11., it is at FEIG’s discretion whether to fix such faults/damages through repair or replacement delivery or to reject such a service. In the first instance, FEIG will invoice the costs required for the repair or replacement delivery to the End Customer separately.
8.3. If the End Customer realises or negligently does not realise that the Contract Product sent to FEIG by them neither has a fault nor is damaged, FEIG retains the right to invoice the costs necessary for transporting and inspecting the Contract Product, especially labour and material costs, to the End Customer separately.
8.4. Should FEIG declare the end of life of a Contract Product or a Contract Product or its hard- and/or firmware or software components are discontinued, then this can result in a limited performance of the services in the FEIG Mobile Care Basic Program.

Monitoring Product Failure Rates

9.1. Should the End Customer send Contract Products to the FEIG service centre, FEIG reserves the right to statistically record the number of returns as well as the fault/damage associated with the Contract Product.
9.2. Should the End Customer repeatedly send in Contract Products that show accidental damage or an unidentifiable fault/damage, then FEIG is entitled to initiate the steps stated in Point 9.3. and Point 9.4.
9.2.1. Multiple returns of accidentally damaged Contract Products occur when at least 20 % of all Contract Products sent to the FEIG service centre by the End Customer – within a quarter – exhibit accidentally caused damage.
9.2.2. Multiple returns of Contract Products that exhibit an unidentifiable fault/damage occur when at least 10 % of all Contract Products sent to the FEIG service centre by the End Customer – within a quarter – exhibit an unidentifiable fault/damage.
9.3. Should the End Customer exceed the product failure rate stated in Point 9.2.1. or Point 9.2.2., FEIG reserves the right to impose measures on the End Customer that are intended to lower the product failure rate.
9.4. Should the End Customer not implement these measures and they exceed the product failure rate stated in Point 9.2.1 and Point 9.2.2. again in the following quarter, then FEIG is entitled to invoice the expenses necessary to fix the fault/damage, especially labour, material and transport costs, stop the hardware repairs relating to these faults/damages or take alternative measures such as, for example, in the form of price increases for the performance of services in the FEIG Mobile Care Basic Program.

End Customer’s Obligations

10.1. Should the End Customer acquire other mobile devices from the FEIG product range after concluding a service contract with FEIG in terms of Point 3, either directly from FEIG or from an authorised FEIG partner in terms of Point 2.1.1, and would also like to use the services in the FEIG Mobile Care Basic Program, the End Customer must conclude a new service contract with FEIG for this new mobile devices.
10.2. The End Customer must nominate a contact person who is available to FEIG for any questions and messages arising from and in connection with the provision of services in the FEIG Mobile Care Basic Program.
10.3. Upon request, the End Customer is obligated to inform FEIG or an authorised FEIG partner of the serial number of the Contract Products for which they request the provision of the services in the FEIG Mobile Care Basic Program. Should the End Customer not know the serial numbers of the Contract Products because the order for FEIG Mobile Care occurred simultaneously with the order for Contract Products, it is sufficient to provide the respective order number.
10.4. The End Customer must ensure that the Contract Products are at all times updated with the latest firmware and /or software updates made available by FEIG. For this purpose, the End Customer shall contact the Helpdesk Support.
10.5. Should the End Customer intend to send Contract Products to the FEIG service centre, they must request a return merchandise authorisation number (RMA number) in advance. The RMA number is available at https://www.feig.de/en/service/mobile-care/. Alternatively, the Helpdesk Support can assist the End Customer in generating an RMA number.
10.6. Should the End Customer send Contract Products to the FEIG service centre, they must pack all Contract Products carefully and in line with the standards customary in the trade. In addition, the End Customer must ensure that the RMA number is attached to the outside of the package and is clearly visible. Should the Contract Product be damaged during transportation, the End Customer is liable for such transport damages.

Service Fee and Conditions of Payment

11.1. In order to use the services in the FEIG Mobile Care Basic Program, the End Customer has to pay a service fee for every Contract Product. The amount of the service is determined by the respectively valid list price. The total cumulative service fee (for all the Contract Products under the Service Contract) is due at the time of conclusion of contract in terms of Point 3 and is thus payable in advance.
11.2. FEIG will invoice the End Customer separately for any additional services that are not included in the scope of services covered by the FEIG Mobile Care Basic Program. Such fees are due for payment 30 days after invoicing.

Contract Term and Termination

12.1. The services in the FEIG Mobile Care Basic Program are available to the End Customer for 36 months from the time of conclusion of contract, provided the End Customer already owns the Contract Products for which he wants the services in the FEIG Mobile Care Basic Program. However, should the End Customer order the FEIG Mobile Basic Program at the same time as the Contract Products, the services – subject to the proper conclusion of contract in terms of Point 3 – are available from the delivery of the respective Contract Product for a term of 36 months.
12.2. The provision of the services in the FEIG Mobile Care Basic Program ends automatically after the term of 36 months defined in Point 12.1. has expired without requiring termination. Delivering a replacement device in terms of Point 4.2.4. does not result in an extension of the 36-month term defined in Point 12.1.
12.3. Both Parties’ right to extraordinary termination for an important cause shall remain unaffected. An important cause exists, in particular, if one Party files for bankruptcy, insolvency proceedings are opened over their assets or rejected due to a lack of assets or a liquidator has been appointed.
12.4. Every termination requires the written form and must be sent by registered letter.

Acceptance and Transfer of Risk

13.1. Should the End Customer not reject the services performed by FEIG in the context of the FEIG Mobile Care Basic Program according to Point 4 and 5 within five working days by stating at least one fault, the services provided by FEIG are considered to have been accepted by the End Customer.
13.2. In the event that services were provided according to Point 4, the risk is transferred to the End Customer at the time the goods leave FEIG. In the event that services were provided according to Point 5, the risk is transferred to the End Customer at the time the respective service has been completed.

Rights of the End Customer in the case of Defects

14.1. Should the services according to Points 4 and 5 provided by FEIG in the context of the FEIG Mobile Care Basic Program be deficient, then the End Customer first has the right to supplementary performance. FEIG reserves the right to provide supplementary performance by removing the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery).
14.2. Should the End Customer have set FEIG an adequate deadline for the supplementary performance and this fails (two unsuccessful supplementary performances) or this is impossible or unreasonable for FEIG, the End Customer is entitled to withdraw from the Service Contract or lower the payment in accordance with legal requirements. The regulations in Point 15 shall apply to possible compensation claims.
14.3. The End Customer‘s above mentioned rights become time-barred within 12 months from the time of acceptance as specified in Point 13.

Liability

15.1. Unless otherwise stated in these Service Conditions including the following provisions, FEIG is liable for a breach of contractual and non- contractual duties only in the case of intent or gross negligence.
15.2. Subject to the regulation in Point 15.1. half sentence 2, FEIG is not liable for lost profits or for unpredictable damages.
15.3. Subject to the regulation in Point 15.1. half sentence 2, FEIG is not liable for consequential harm caused by a defect and other consequential damages that result from, for example, the fact that the software updates made available by FEIG are not ompatible with the endcustomer-specific software which was developed by the End Customer or a third party and is installed on the Contract Product.
15.4. Subject to the regulation in Point 15.1. half-sentence 2, liability for data loss is limited to the typical restoration cost that would have been incurred from a regular and risk-appropriate production of backups.
15.5. The limitation of liability resulting from Points 15.1. – 15.4. shall also apply to breaches of duty caused by persons whose negligence, according to legal provisions, is the responsibility of FEIG.
15.6. The limitation of liability resulting from the above Points 15.1. – 15.5. shall, however, not apply to damage from injury to life, limb and health that is due to an intentional or gross negligent breach of duty by FEIG or their legal representative or vicarious agents.
15.7. The limitation of liability resulting from the above Points 15.1. – 15.5. shall also not apply to damages that are due to an intentional or gross negligent breach of essential contractual duties by FEIG or their legal representatives or vicarious agents. In the event of slight negligent property or financial damage by FEIG or their legal representatives or vicarious agents, which are due to a breach of essential contractual duties, the liability of FEIG is, however, limited in its amount to the damages that were foreseeable at the conclusion of Contract and are typical for the Contract. Essential contractual duties are those that characterise the fulfilment of the Contract and which the End Customer can rely on considering the nature of the Contract cardinal duties).
15.8. The limitation of liability resulting from the above Points 15.1. – 15.5. shall also not apply to damages for which FEIG is responsible due to mandatory legal provisions, such as in the event of giving a guarantee or of a procurement risk. Unaffected are also additional claims from the End Customer under the Product Liability Act.

Applicable Law and Legal Venue

16.1. This Service Contract is exclusively subject to the laws of the Federal Republic of Germany expressly excluding the CISG (UN Convention on Contracts for the International Sale of Goods).
16.2. The exclusive legal venue for all disputes arising from and in connection with this Service Contract is Limburg an der Lahn.

Severability Clause

Contrary to the principles of jurisprudence of the Federal Supreme Court according to which a severability clause can, in principle, only reverse the burden of proof, the validity of the remaining provisions in these Service Conditions should be maintained in all circumstances and thus Section 139 BGB waived in total. Should one of the provisions of these Service Condition be or become invalid/void or unenforceable in total or in part due to the law on General Terms and Conditions pursuant to Sections 305 – 310 BGB, the legal provisions shall apply. Should a provision in these Service Conditions be or become invalid/void or unenforceable for other reasons than the conditions relating to the law on General Terms and Conditions, the Parties shall replace this provisions with a valid provision that corresponds to the invalid/void/unenforceable provision in its legal and economic content and to the overall purpose of the contract. The application of Section 139 BGB is expressly excluded. The same shall apply in the case of an unplanned loophole. Should the invalidity of a provision be based on a specified measure of performance or time (deadline or due date), the provision is replaced with a legally permissible measure that comes closest to the original measure.