Claims & Limitations
The warranty period mentioned only for consumers but not for the suppliers. The warranty period begins on receipt of goods. The warranty period is listed for each product in its description. If a given product warranty certificate exists, then it is exposed to the date of sale on warranty card, warranty card serves as an invoice.
In the event, a customer appeared purchased goods during the warranty period and the product being serviced at the recommended intervals by proper mower’s repairing centre or a defect that was not caused by improper use, but a defect in the product itself is under warranty and a right to claim the goods. The warranty covers faults which may occur due to faulty components or workmanship but excludes consumable items, fair wear and tear or defects caused by misuse. Shorter product life in such a case can not be considered a fault and it can not as such a claim.
Note: Certain components are covered by their own manufacturer’s warranties, where the Company is not the manufacturer of any Goods; the Company shall endeavor to transfer to the Buyer the benefit of any warranty or guarantee given to the Company.
If a customer wants to claim the goods, send an email with pictures, specifying in particular the type of product, its production number, sales receipt and description of the defect. Within two working days of receipt, the company will sent information on how to proceed, specifically company can refer address of authorized service center that is closest to the customer’s place or the address where the customer sends the claimed goods. It is advisable to send the goods in original packaging or transport packaging satisfactory, because the consumer is liable for any damage before accepting the claim goods by company.
The company, supplier or service center shall assess the legitimacy of the claim defects of the goods and the assessment shall inform the customer by phone or email of the outcome of the complaint. Upon inspection if the Company is satisfied that the Goods are defective, the company undertakes free of charge to replace or supply equivalent Goods and at its sole discretion and option to repair the defective parts of such Goods (if capable of repair), which are returned to the company premises (carriage paid) within the warrantee period, which are shown to be faulty by reason of defective materials or bad workmanship.
- The Company shall not be liable for a breach of the warranty unless:
(a) A written complaint is sent to the company or seller as soon as reasonably practicable after the defect is noticed the buyer, gives written notice or inform on phone of the defect to the Company, and if the defect is as a result of damage in transit to the carrier, within 7 days of the time when the Buyer discovers or ought to have discovered the defect; and
(b) the Buyer returns the Goods to the Company’s place of business, at the Buyer’s cost, within the time limits stipulated by the applicable guarantee or warranty or within warranty period of the date of original purchase, to enable the Company to carry out an inspection of the Goods, unless otherwise agreed in writing by the Company.
- The Company shall not be liable for a breach of the warranty if:
(a) The Buyer makes any further use of such Goods after giving such notice or thereafter makes any alteration, modification, treatment or repair unless the Seller given an opportunity to inspect the goods.
(b) The defect arises because the Buyer failed to follow the Company’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice.
- In case of a justified complaint, the customer is entitled to compensation at the lowest postage amount required for safe delivery (must have proof of this transportation). In the case of unjustified complaints either through the material used, workmanship of the Company, or were in breach of the warranty, the consumer is not entitled to reimbursement of costs associated with the settlement of claims and at the same time or supplier is not entitled to reimbursement of costs incurred on its side.
LIMITATION OF LIABILITY
- The following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
(a) any breach of these conditions;
(b) any use made or resale by the Buyer of any of the Goods, or of any
product incorporating any of the Goods; and
(c) any representation, statement or tortuous act or omission including
negligence arising under or in connection with the Contract.
- All warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law, excluded from the Contract.
- Nothing in these conditions excludes or limits the liability of the Company:
(a) for death or personal injury caused by the Company’s negligence; or
(b) for any matter which it would be illegal for the Company to exclude
or attempt to exclude its liability; or
(c) for fraud or fraudulent misrepresentation.
- Subject to condition 2 and condition 3:
(a) the Company’s total liability in contract, tort (including negligence or
breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the cost of repair or replacement of the Goods and any other incidental costs arising out of defect; and
(b) the Company shall not be liable to the Buyer for any pure economic
loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
- The Company will not be liable for the failure of any Goods inadequately maintained, installed or in any way modified by the Buyer.
- The Company will not be liable for the failure of any Goods subject to
improper use by the Buyer, including any use otherwise than in strict
accordance with any written instructions provided by the Company to the
Buyer, or any Goods which have been modified or repaired by anyone other
than the Company or its authorized agents.
- A claim by the Buyer under any conditions contained in this agreement shall not entitle the Buyer to cancel any order or part thereof or refuse delivery or withhold payment for those product or any other (whether part of the same order or not).
Where the Company provides to the Buyer information regarding the use of the Goods, circumstances under which the Goods were tested or conditions to ensure that when used the Goods will be safe and without risk, the Buyer shall use the Goods accordingly and comply with said conditions, or procure that the Goods are used in accordance with such information.