Sixfold warrants that the Services may be used in accordance with the provisions of this Carrier Service Agreement.
Rights in case of defects shall be excluded in case of minor or immaterial deviations from the agreed or assumed characteristics or in case of just slight impairment of use. Product descriptions shall not be deemed guaranteed unless separately agreed in writing. In particular, a functional impairment does not constitute a defect if it results from hardware defects, environmental conditions, wrong operation, flawed data or other circumstances originating from Customer’s sphere of risk.
Sixfold remedies software defects at its option by providing a new version of its Service or by indicating reasonable ways to avoid the effects of the defect.
Defects must be notified via e-mail with a comprehensible description of the error symptoms, as far as possible evidenced by written recordings, hard copies or other documents demonstrating the defects. The notification of the defect should enable Sixfold to reproduce the error.
In case of any modifications to the Services and/or the User Interface by Customer or any Third Party acting on its behalf, any warranty claims are excluded, unless Customer proves that such modification had no influence on the defect. Sixfold is not liable for any defects, which are caused by improper use or operation by Customer, or the use of unsuitable means of operation.
If the cause of the defect is not obvious to Customer, Sixfold will investigate the cause. Sixfold may demand compensation for such investigation on the basis of its hourly rates valid at the time of the investigation if Sixfold is not responsible for the defect, in particular, if the defect is due to Customer’s usage of unsuitable hardware or externally obtained components, or to Customer’s interference.
Sixfold is not a party to the contracts between Customer and Customer’s contractual partners. Sixfold is not responsible for the provision of any performance contractually agreed between them or for the provision of any consideration.
Sixfold is not responsible for the accuracy and correctness of the information that is submitted via the Telematics Platform. Sixfold is solely and exclusively responsible for the accurate transmission of the data based on the provided information via the Telematics Platform.
Sixfold gives no warranty as to the reliability of other Users.