Valid from 03-10-2013
- THE TERMS AND CONDITION’S APPLICABILITY. This Agreement applies only to the sale of products in new condition in the EU or in a market where a certified dealer is established. For the individual consumer, warranty runs from the original delivery date for 12 months in parallel with a three-year legal guarantee. For trade companies, warranty runs for 12 months from the original delivery date and with the conditions set out in this agreement
- PARTIES OBLIGATIONS Exxentric undertake – with the exception of the cases specified in paragraph 5 below – in case of malfunction or damage to the product to replace defective parts. More extensive repairs are to be carried out by an Exxentric designated service centre.
- WHAT CONSTITUTES AN ERROR Errors are professionally determined deviations from the normal standard that manifests itself during the period specified in paragraph 1. The product is considered defective if it differs in the manner stated above and is not, according to Exxentric, likely to defect due to accident or circumstances that are otherwise attributable to the buyer.
- TROUBLESHOOTING Rectification of defects or delivery of replacement parts will take place within a reasonable time after the buyer notified the error and, if so requested by Exxentric, made the product available to the action of a designated service centre. What is considered a reasonable time is determined by the buyer’s need for the product, the nature and scope of the error, difficulties in determining the error and access to spare parts and engineering capacity.
- LIMITATION OF SELLER / EXXENTRIC’S COMMITMENT Exxentric’s responsibility does not cover the product’s consumable parts and wear parts such as for example drive belts, extension straps, rubber protectors for the pulley block, snap hooks, rubber mats and pads. Also, the warranty does not cover what is considered as normal wear and tear, normal corrosion, or defects in paint or other coatings. Also, the buyer may not claim rectification for deficiencies which the seller can show were caused by for example:
- – that repair or service was done elsewhere than at an authorized Exxentric service centre
- – that non OEM components were used
- – that use of the product continued after the defect was first noticed
- – that the product has been used in ways for which it is not designed or sized
- – that the product has been abused
- – that the product has not been used with normal care
- – that the care regulations as per existing instructions have not been carefully observed.
- TRANSPORT SAFETY AND TRANSPORTATION EXPENSE. For repair of extensive defects, the purchaser shall bring the product to a designated service centre. Buyer shall after the defect has been remedied pick up the product from the seller or the designated service centre. The product can also be dispatched by the buyer to the seller or to the designated service centre. Such transportation shall be at the buyer’s sole risk and expense. Replacement parts which the buyer can be expected to replace on his/her own are delivered free of charge to the buyer.
- LIMITATIONS OF LIABILITY. For the individual consumer, the limitation of liability as stated in the current applicable Consumer sales rules applies. The buyer is therefore not entitled to compensation beyond what is covered under (2). For commercial customers, Exxentric’s liability is limited to what is stated in this agreement. The buyer, therefore, is not entitled to compensation for economic damages beyond the terms specified above, ie not for personal injury or property damage. Buyer is reminded once again the importance of the product being handled with care and in accordance with the operating manual’s instructions!
DISPUTES. Disputes concerning the interpretation or application of this Warranty Agreement shall in the first instance be resolved by agreement between the parties. If such an agreement can not be reached, the dispute shall be settled finally by arbitration at the Stockholm Chamber of Commerce Arbitration Institute (the Institute). The Rules for Expedited Arbitrations shall apply unless the Institute with regard to the case, the amount in dispute and other circumstances, determines the rules of the Stockholm Chamber of Commerce Arbitration Institute shall apply to proceedings. In the latter case, the Institute shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators.