Product Warranty Terms

1. Product images are provided for illustrative purposes only and may not accurately reflect the actual product configuration. The images may not be used as grounds for any claims. A Product shall be deemed compliant if it corresponds to the sample, model and/or description specified in the agreement, commercial offer or Online Store.

1.1. The Products are covered by the warranty specified in the product description in the Online Store and/or, where applicable, by the warranty set out in Clause 8 of the Special Terms of the Purchase and Sale Agreement. The warranty period shall commence on the date the Products are delivered to the Buyer. Where an Acceptance and Handover Certificate is signed, the warranty period shall commence on the date of signing such certificate.

1.2. At the Buyer’s request, the Seller shall, free of charge, provide training to the persons designated by the Buyer on the proper use of the Products within ten (10) business days from the date of delivery of the Products.

1.3. During the warranty period, the Buyer undertakes to:

1.3.1. use only the original spare parts supplied or approved by the Product manufacturer;

1.3.2. comply with all requirements set out in the Product operating instructions and follow all recommendations provided by the Seller;

1.3.3. ensure that all maintenance and servicing specified in the Product operating instructions are carried out by the Seller.

1.4. If the Buyer fails to comply with any of the obligations set out in Clause 1.3, the Buyer shall not be entitled to claim under the Product warranty.

1.5. During the warranty period, the Seller shall, at its own expense, restore the Products to operational condition within the shortest reasonably possible time (including the replacement of parts), provided that the defect has not arisen as a result of improper use of the Products (i.e. where the Products have been used in accordance with the operating instructions). If the defect has arisen due to the Buyer’s fault (including improper use, failure to comply with safety requirements, accidents or similar circumstances), the Seller shall restore the Products to operational condition within the shortest reasonably possible time, and the Buyer shall pay for the repair services in accordance with the Seller’s invoices within ten (10) calendar days from the date the invoice is sent to the Buyer.

1.6. The warranty shall not apply to:

1.6.1. normal wear and tear of Product components;

1.6.2. the circumstances referred to in Clause 1.4;

1.6.3. wear parts and consumables, including, but not limited to, brake linings and pads, bonded surfaces, cleaning agents, engine oil, hydraulic oil, lubricants, filters, injectors, light bulbs, packaging materials, rubber components, tyres, wheel rims, castors, chains, plugs, relays, spark plugs, switches, insulating materials, the operator’s seat, wear strips, sliding elements and other friction surfaces;

1.6.4. damage resulting from improper operation of the Product or use in an unsuitable environment (including failure to comply with the Product operating instructions or the Seller’s recommendations);

1.6.5. modifications or alterations to the equipment or its components carried out without the Seller’s prior written approval;

1.6.6. external damage;

1.6.7. additional defects resulting from the Buyer’s failure to remedy an initial defect without undue delay;

1.6.8. operation exceeding the permitted load capacity, operating limits or specified operating conditions of the equipment;

1.6.9. defects caused by accidents or natural disasters;

1.6.10. damage to or removal of identification numbers;

1.6.11. failure to observe the prescribed maintenance intervals;

1.6.12. defects resulting from misuse or negligence.

1.7. During the warranty period, the Seller shall be entitled to retain any defective parts that have been replaced with new ones.

1.8. During the warranty period, the Seller undertakes to ensure that its representatives attend the Buyer’s premises within seventy-two (72) hours (on business days) from receipt of written notification of the defect (delivered directly to the Seller’s representative or sent by e-mail or post), except where attendance within such period is impossible due to circumstances attributable to third parties and/or other exceptional circumstances.