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Warranty | 93

Trophy

Warranty | 93

8 Warranty

8.1 Provisions of warranty

Warranty

In the warranty and liability provisions the following terms are de

ned as follows:

•

Product

: The manual or electric wheelchair or scooter manufactured and supplied by Handicare.

•

Customer

: The person who directly obtains a product from Handicare.

•

Dealer

: The person who supplies a product obtained from Handicare to third parties.

•

User

: The person who uses a product manufactured by Handicare.

Irrespective of what has been determined concerning warranty conditions in the general terms and conditions applicable to the
product, the following shall in any case apply with regard to the warranty:

1. Except insofar as described otherwise in the provisions below, Handicare guarantees the product for its suitability for the

purpose for which the product is intended - all of these points as described in this manual - and for the quality of the material
of which the product is made and the manner in which the product is manufactured.

2. Repairs or replacement of parts of the product that may be necessary as a result of faults that are based on qualitatively

faulty material or manufacturing errors shall be carried out free of charge, as long as such faults occurred within one (1) year
of the date of delivery of the product to the Customer. The parts to be replaced must be shipped post-paid to Handicare.
Disassembly or assembly of these parts shall be at the expense of the Customer. Therefore, the following cases are not
eligible for free repair or replacement as meant above:

•

The repair or replacement that is necessary in connection with faults that arise after one (1) year after the date of delivery
of the Product to the Customer;

•

The repair or replacement that is required in connection with faults due to improper or careless use of the Product or that
are based on the Product being used for another purpose than the one for which it is intended, in which regard it applies
that if the Customer is a Dealer, this Dealer will indemnify Handicare against possible claims from Users or other third
parties for faults based on an incorrect or careless use of the Product;

•

Parts that are subject to wear, and the need for repair or replacement of the parts are the actual consequence of normal
wear. These can include, but are not limited to, tyres, shrouds, arm-pads, seatings etc.

3. Irrespective of that stipulated under 2, it applies as far as an electric Product is concerned that with regard to the battery that

forms part of the Product warranty is only given in case of faults or non-functioning of the battery that are demonstrably the
direct consequence of material or manufacturing errors. A fault or non-functioning of the battery as a result of normal wear
is not covered by the warranty as meant in these warranty stipulations. Similarly not covered by the warranty are faults or
non-functioning that are the consequence of improper or unprofessional use of the Product or the battery that is part of the
Product, including the incorrect charging of the battery and the failure to carry out timely and good maintenance, in which
context it also applies that if the Customer is a Dealer, this Dealer will indemnify Handicare against possible claims from Users
or other third parties that are based on the above mentioned improper or unprofessional use of the Product or the battery that
is part of the Product. Handicare does not guarantee batteries provided by dealers or purchased by the customer.

4. The warranty conditions as mentioned in above stipulations in any case become null and void if:
•

The guidelines of Handicare for the maintenance of the Product are not, or insuf

ciently, followed;

•

A necessary repair or replacement of parts is based on neglect, damage or abuse of the Product or a use of the Product
for another purpose than the one for which it was intended;

•

Parts of the Product are replaced by parts of another origin than those used by Handicare and/or parts of the Product are
replaced without the permission of Handicare.

5. The warranties as mentioned in stipulations 1 through 3 also become null and void if what is involved is re-used by a new user

within the warranty period and that such re-use necessitates adaptations to the product and those adaptations are carried out
without the instructions and/or at the order of Handicare.

6. To retain rights under the warranties delineated above, the Customer must, in case of damage or other calamities, as rapidly

as possible contact Handicare and inform them as fully as possible. The possibility of taking recourse to the above-mentioned
warranty conditions becomes null and void for the Customer in any case after 20 workdays after the claim situation or the
calamity arises that was the reason for the recourse to the warranty.

7. The replacement of a part or the repair or the reconditioning of the Product within a current warranty period does not extend

the warranty period.

8. Handicare gives no warranty on repair to or reconditioning of the Product carried out other than under order of and/or at

the instructions of Handicare. If repairs and/or reconditioning are executed by or on behalf of a Customer, the Customer
indemni

es Handicare with respect to the claims of third parties who result, in the broadest sense of the word, from such

repairs or reconditioning.