V. Suspension and termination of the Nea Smart - Service
1. The user may cease to use the Nea Smart – Service at any time. The remote access
must be deactivated for this. The procedure is described in the operating
instructions.
2. REHAU is entitled to temporarily block the user's access to the Nea Smart – Service
in particular for maintenance reasons, for the solution of technical problems or due to
measures for the improvement of the quality of the Nea Smart – Service. REHAU
cannot, therefore, guarantee a permanent and uninterrupted availability of the Nea
Smart – Service. REHAU shall, however, endeavour to keep the restrictions for the
user to a minimum.
3. REHAU guarantees that the Nea Smart – Service shall be available for a period of at
least 5 years after any discontinuation. A discontinuation shall be communicated
online at www.rehau.com/neasmart. After the expiry of this period, REHAU is entitled
to cease the Nea Smart - Service. REHAU shall inform the users of any cessation at
least three months before the intended date of cessation.
4. REHAU is also entitled to end the user's possibility of using the Nea Smart – Service
at any time for good cause. Good cause shall, in particular, be deemed to exist
−
in the event of misuse or damaging use;
−
in the event of an infringement against the applicable law in the event of access
to or in the event of the use of the Nea Smart - Service;
−
if the user has not used the service for an extended period (at least 5 years) and
a provision of the Nea Smart – Service would be associated with unreasonable
expense for REHAU
In the event of a termination, REHAU shall delete all the user's data.
5. In the event of a temporary block or a termination in accordance with 2., 3. and 4.,
the user shall not be entitled to any compensation.
VI. Liability
1. REHAU shall be liable without restriction
−
In the event of wilful intent or gross negligence;
−
for injury to life, limb or health;
−
in accordance with the provisions of the German Product Liability Act and
−
within the scope of any warranty that has been assumed by REHAU.
In the event of the infringement, through slight negligence, of an obligation which is
essential for the achievement of the purpose of the contract (cardinal obligation),
REHAU's liability shall be limited to the damage that is foreseeable and typical