Warranty Conditions (valid for orders received after 01.01.2015)
Updated: April 2015
The company Autoteile Post AG, with headquarters in Fuggerstr. 9-11, 41352 Korschenbroich (hereinafter the "warrantor"), grants the purchaser (hereinafter the "warrantee") a dealer warranty for a product acquired from the warrantor according to the following warranty conditions.
The warranty applies in addition to the statutory warranty rights (§ 437 BGB) granted to the warrantee with respect to the warrantor as the seller. These statutory rights are not curtailed by the warranty. Mandatory statutory liability provisions are not affected by the warranty.
1 Object of the warranty
The warranty is given for all newly manufactured products which the warrantee buys from the warrantor.
2 Warranty period
The warranty is valid for 2 years. The period begins with the delivery of the product to the warrantee.
The commencement of the warranty and its duration are not affected by services that are provided under the statutory warranty or this warranty. If the warrantor provides subsequent performance to the warrantee, ie: supplies, or makes subsequent improvements to the product subject of the complaint, this does not initiate a new warranty period.
3 Claim under warranty
A warranty claim exists if, during the warranty period, a material defect (hereinafter "defect") as defined in § 434 Para. 1 BGB affects a product subject to a warranty, unless the defect is explicitly excluded from warranty by the warranty conditions. The warrantee must prove that the defect already existed at the time the transfer of risk to him took place.
Damage caused by third party negligence and external influences (eg: transport damage, improper storage, improper installation, failure to comply with the installation instructions, improper use or operation, or undue force) do not constitute a valid warranty claim.
4 Performance under warranty
In case of a warranty claim, the warrantor accepts
– to deliver new or replacement goods free of defects and
– to reimburse any actually incurred costs necessary for substituting the goods (installation and dismantling) up to a maximum hourly rate of Eur 60.00.
The warrantee has no right arising from the warranty to delivery of a product that is identical to the defective product. The warrantor reserves the right to provide a product to replace the defective product which fulfils the same function without being identical to the defective product as regards model, type, batch, etc. The warrantor reserves the right, in the event that he himself cannot provide a suitable product as a replacement, to provide compensation in money.
The warranty does not cover claims to repair the item or reimburse costs incurred in doing so. The warranty does not cover claims for damages or compensation.
5 Terms and conditions applying to claims
The warranty and claims under it are subject to the following terms and conditions:
(a) Any defect must be reported to the warrantor without delay.
(b) Within 3 weeks from the notification of defects, the warrantee must send to the warrantor a delivery note or purchase receipt as proof that the warranty claim occurred within the warranty period.
(c) The installation of the product must be proven to have been carried out by trained personnel in a specialist workshop using the appropriate special tool and in line with the installation and maintenance instructions of the respective vehicle manufacturer. If the installation does not comply with the generally recognized latest state of technology, no claims exist under this warranty, irrespective of their causal relationship.
(d) Any seals present to protect against tampering must not be broken.
(e) The product and/or the vehicle as a whole may not have been exposed to higher loads than those permitted by the vehicle manufacturer and/or the spare parts manufacturer.
(f) The warrantee transfers ownership of the product subject of complaint to the warrantor. The warrantee is to ship it at his own expense.
(g) The warrantee is to prove the cost of replacing the goods (installation and dismantling costs) to the warrantor by means of official invoices.
Should any of the aforementioned terms or conditions not be met or complied with, the warrantor is entitled not to perform service under warranty.
6 Territorial scope
The performance of services under the warranty is limited to such items (as per Section 1) which the warrantee has bought in Germany and are marketed primarily there (territorial scope).
7 Applicable law
This warranty is subject to the law of the Federal Republic of Germany.
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