TRIUMPH BOARD – INTERNATIONAL WARRANTY AND SERVICE CONDITIONS
The capitalised terms and expressions shall have the following meanings, unless it follows from this Agreement or the context hereof otherwise:
Agreement shall mean this Agreement on Warranty and Service Conditions;
The Manufacturer TRIUMPH BOARD a.s.;
The Buyer The party buying products from The Manufacturer
1.1. The Manufacturer provides assurance as to the quality of goods sold subject to the conditions specified below.
1.2. The basic warranty period is 36 months from date of purchase from The Manufacturer.
1.3. Certain product groups, or parts thereof are provided with an extended warranty period of up to 60 months on request. The extended warranty period is specified in the invoice, or delivery note.
1.4. General wear and tear resulting from normal use is not subject to warranty.
1.5. The Manufacturer reserves the right to repair or replace the product or to issue a credit note.
2. Mechanical damage
2.1. Claims that relate to mechanical damage of the product, or parts thereof, must be made immediately upon receipt of the goods.
2.2. Where The Manufacturers goods are delivered by an independent transportation company then mechanical damage to the product or its packaging must be reported to both the carrier and The Manufacturer when handover / acceptance takes place. The written copy confirmed by the carrier must be sent to the The Manufacturer.
3. Exercising the warranty
3.1. The product may be submitted for repair in the following ways:
3.1.1. Personal delivery to the collection point (refer point 12).
3.1.2. Utilizing a transportation service. The Buyer is responsible for ensuring appropriate and safe packaging of the product and for the costs of transportation to the collection point. The Buyer is responsible for the transportation costs to the collection point. The Manufacturer is responsible for the return leg transportation costs.
3.2. The Buyer will receive a service response within 5 working days of the completed RMA form having been received by the The Manufacturer.
3.3. Following substantiated claims the return leg cost of transportation of goods will be paid by The Manufacturer.
3.4. The product must be submitted together with all supplied parts and accessories.
3.5. If a product is being returned for replacement or refund then the returned product must be returned in its original packaging.
4. Removal of defects
4.1. Where defects in a claimed product can be reasonably repaired or resolved with component replacement within a thirty day period then The Manufacturer reserves the right to repair the product and return it to The Buyer.
5. Amended Warranty and Service Conditions
5.1. In the case where amended warranty provisions and service conditions are stated in the Invoice or another official document of The Manufacturer, these will replace the standard warranty terms contained herein.
5.2. Standard warranty conditions of The Manufacturer do not apply to special deals where the warranty conditions of that deal will be specifically stated in the Invoice.
6. Defective Product Substitution
6.1. Due to continuous developments in technology, The Manufacturer, in the case of non-availability of components or spare parts, reserves the right to substitute any part or the whole of the purchased product, with a product that is materially similar.
7. Extension of warranty period
7.1. The warranty period is automatically extended by the length of repair time, which The Manufacturer will seek to minimize.
8. Documents proving the origin of goods
8.1. To exercise the warranty, repairs or preventive controls, The Buyer should submit to The Manufacturer or an authorized service organization, the signed and stamped TRIUMPH BOARD RMA Form together with the purchase invoice and the serial number and date of purchase of the product.
8.2. In the case where previous warranty work has been performed on the product, that extends the warranty period, then The Buyer should submit documents evidencing this.
9. Voided Warranty
9.1. The warranty is void if the defect was due to failure to follow instructions, using the product in a manner that is inconsistent with its purpose, mechanical damage to the product, power surges in the network or due to continuous operation in unsuitable conditions (chemically aggressive, high smoke or dust content or damp environments).
9.2. The warranty is void if the product seals are broken, or if it is evident that the product has been opened and or worked on by unauthorized persons.
9.3. Where The Manufacturers product requires installation, the recognition of rights arising from the guarantee is subject to the installation of the product having been performed according to the manner described in the product manual.
9.4. All stated warranties exclude damage caused by natural disasters.
10. Compensation for unjustified claims
10.1. If The Manufacturer establishes that a claim was not justified due to any of the above reasons or where the claimed defect is not evident or of a nature that does not warrant a claim, then all transportation, service and inspection costs will be for the account of The Buyer.
11. Complaints and disputes
11.1. All disputes related to these warranties will be handled under Czech Law.
11.2. All complaints and disputes arising from claims will be governed by the applicable law, in particular, Act No. 513/91Sb. – Commercial Code, § 422 to 441, respectively, pursuant to the Act 40/1964 Coll – Civil Code § 588 to 627th.
12. Collection point
12.1. General sales conditions are that goods are sold ex works, in which case the collection point is the warehouse of The Manufacturer, being:
WAKESTONE LOGISTICS s.r.o.
U Špejcharu 409
252 67 Tuchomřice
12.2. Where a different collection point is agreed this will be recorded in the invoice.
13. Effective date
13.1. The aforementioned warranty is valid from 1st January 2016, covering items purchased from The Manufacturer after the effective date.