2.1.
Warranty
1.
Save in so far as the following provisions stipulate otherwise, Handicare BV warrants
to the Customer or user of the Product that the Product is sound and fit for the purpose
for which the Product is intended to be used – as set forth in the user’s manual of the
Product. Handicare BV furthermore warrants the quality of the material used to
manufacture the Product as well as the quality of the manufacturing process.
2.
Handicare BV shall replace parts of the Product which are defective due to faulty
materials or manufacturing defects on free of cost basis, provided that such defects
arise within one (1) year after the date of delivery of the Product to the Customer.
Consequently, the following shall be excluded from the scope of free replacement as
meant in the preceding sentence:
a)
replacement of parts of the Product required on account of defects arisen more
than one (1) year after the date of delivery of the Product to the Customer;
b)
replacement of parts of the Product required on account of defects resulting due to
improper or careless use of the Product or resulting due to using the Product for a
purpose other than the intended purpose; if a Dealer is a Customer, this Customer
shall save Handicare BV harmless from and against any claims by Users or other
third parties for defects resulting due to improper or careless use of the Product;
c)
parts subject to wear and tear, and the repair/replacement of these parts is the
result of normal wear and tear;
d)
without prejudice to the provisions of article 2, the warranty with respect to the
battery of the electric wheelchair only covers instances of malfunctioning or non-
functioning which are evidently the direct result of material defects or
manufacturing defects. The warranty as set out in these provisions does not cover
a battery which is malfunctioning or non-functioning due to normal wear and tear
or due to improper or incompetent use of the Product or the battery forming part of
the Product, including the improper charging of the battery and the failure to
perform timely and proper maintenance; the Customer shall save Handicare BV
harmless from and against any claims by Users or other third parties for defects
resulting due to improper or careless use of the Product or the battery forming part
thereof. This includes damage resulting due to the leakage of battery acid when
performing maintenance to (wet) batteries.
3.
The warranties as explained in the preceding provisions shall in any event cease to be
effective if:
a)
the Product maintenance guidelines drawn up by Handicare BV have been
observed not at all or to an insufficient extent;
b)
repair/replacement of parts results from neglecting, damaging or overburdening
the Product or using the Product for purposes other than its intended purpose;
c)
parts of the Product have been replaced by parts not of the same origin as those
used by Handicare BV and/or parts of the Product have been replaced without
authorisation by Handicare BV
4.
The warranties as set forth in articles 1 up to and including article 3 above shall
become null and void if the Product is reused by a new User within the warranty period
and that reuse necessitated modifications, of whatever kind, to the Product, which
modifications were not authorised or performed by and/or on the instructions of
Handicare BV
5.
The above warranty shall also become null and void if through the agency of the
Customer, in instances other than those mentioned in article 4, our Products have
been altered in such way as to cause our Products to malfunction.
6.
In the event of damage or other calamities the User or the Customer must contact
Handicare BV as soon as possible and provide the most extensive information possible
if they wish to retain their rights under the warranty set out above. The possibility to
lodge a claim under the above warranties shall lapse upon expiry of a period of twenty
(20) days after the damage or calamity occasioning the claim arose.
7.
The replacement of a part or the repair or reconditioning of the Product during a
warranty period shall not extend the warranty period.
8.
Any repair to or reconditioning of the Product not authorised or performed by and/or on
the instructions of Handicare BV shall not be covered by the scope of this warranty. If a
Warranty and Liability
Service manual - Liam
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