Fodor Guarantee
7.1. Without prejudice to the provisions of Article 10 and with due observance of the provisions of this Article, Fodor guarantees that the Products it supplies have the properties necessary for the agreed use for 24 months after delivery as referred to in Article 7, paragraph 3. This warranty only applies to defects in the delivered Product that are not observable at the time of delivery, of which the Customer proves that these occurred exclusively or predominantly as a direct result of construction or material defects. Minor deviations and differences in quality, colour, size or finish that are customary in the trade or technically unavoidable do not constitute a defect.
7.2. Fodor has the option, at its sole discretion, to repair, replace or take back Products under warranty against crediting the purchase price to the Buyer. All costs that exceed the simple repair or replacement, such as (but not limited to) transport costs, shipping costs, travel and accommodation costs and the costs of (dis)assembly, are borne by the client. Replaced under the warranty Products or parts become the property of Fodor . No warranty is given on repaired or replaced Products.
7.3. Unless otherwise agreed in writing, the warranty does not cover defects that occur due to or are wholly or partially the result of:
– Failure to observe operating and maintenance instructions or careless use;- Normal wear and tear;
– Repair, (dis)assembly or other work on the Products carried out by third parties, including the Buyer;
– Use for purposes other than normal use;
– Use in an aggressive environment or exposure to extreme conditions;
– Draining a battery;
– Damage to the exterior.
7.4. The Buyer cannot claim a warranty if the type or serial number of a Product has been removed or changed, if the Buyer does not give Fodor sufficient opportunity to remedy the defect or if the Buyer does not fulfill its obligations under an agreement concluded with Fodor .
7.5. The Buyer must report complaints in connection with defects in writing to Fodor within fourteen days after the Buyer has discovered or could reasonably have discovered the defects, under penalty of forfeiture of any claim by the Buyer against Fodor in respect of these defects.
7.6. Failure to comply with any warranty obligations does not release the Buyer from its obligations to Fodor under the Agreement.
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