Standard Warranty Terms for Equipment and Tools
1. General provisions
1.1. “Tegeta Retail” LLC (hereinafter – “Seller”/”Company”) guarantees that no equipments and tools (hereinafter “Products”) purchased at “Company” shall show any factory defect within the warranty term, and if any such defect detected, Company rectifies it free of charge as prescribed in these provisions.
1.2. For the purposes of this document, a factory defect is the manufacturing defect of “Products” approved by the manufacturer of “Products”.
1.3. No warranty liabilities of “Seller” apply to the defects caused due to normal wear, misuse or mechanical damages of “Products”.
1.4. These warranty terms apply only to the “Products” purchased and installed at “Company”.
2. Warranty term
2.1. The parties agree that the warranty term for “Products” shall be determined as the case may be, on the basis of the manufacturer’ recommendations of “Products”. “Buyer” shall be informed regarding the warranty term by means of providing the warranty document or SMS sent.
2.2. The warranty term launches since the moment of transfer of “Products” in the ownership of “Buyer”. The date of transfer of “Products” into “Buyer’s” ownership is recorded by the representative of “Seller” in the warranty document, invoice on purchase of “Products” or proof of payment document of price of “Products” issued by “Company”.
3. Conditions for performance of the warranty liabilities
3.1. If any obstruction is detected when operating “Products”, “Buyer” has to promptly apply to the “Seller’s” service-center for its rectification.
3.2. The warranty liabilities of “Seller” are effective only if “Buyer” complies with these warranty terms and exhibits the damaged “Products” accompanied with proof of identity document and proof of payment document of price of “Products” to “Seller”.
3.3. The warranty liabilities of “Seller” imply repair, replacement/change (if no repair is possible) of “Products” and its installation/dismantling-related services free of charge, or refunding the price of “Products” to “Buyer” (if “Seller” fails to repair, replace/change “Products”).
3.4. If within the warranty term “Products” is changed with the new one, the warranty term of “Products” remain the same.
3.5. No direct or indirect financial expenditures resulted from failure of “Products” (within the warranty term) and experienced by “Buyer” shall be reimbursed by “Seller”.
3.6. If the case is qualified by “Seller” as a ”Warranty Case”, the corresponding conclusion with this regard is recorded by “Seller” in certificate of damage in e-system of business processes’ management of Seller (SAP). The conclusion should provide whether the damaged “Products” subjects to restoration/repair, it is to be replaced/changed with other “Products” or the price of “Products” is to be refunded to “Buyer”. In the case of the warranty case, the term for repair, replacement/change of the “Products” or refunding amount shall be determined as the case may be and notified to “Buyer” in advance.
3.7. If “Seller” determines that the damaged “products” subjects to no restoration and its replacement/change is required, “Products” is replaced/changed with the products of the same manufacturer or with the same class products (with the same data/specifications) of other manufacturer. If the price of the new “Products” exceeds the amount paid by “Buyer”, “Buyer” has to pay such difference to “Seller” on the basis of the corresponding invoice(s).
3.8. If the parties fail to deal with the dispute related to the warranty terms via negotiations, the parties apply to LEPL “Levan Samkharauli National Forensic Bureau” to establish the reasons for damage of “Products” and the expertise expenses are covered by “Buyer”. Pursuant to the expert findings, if there is a factory defect of “Products’ detected, “Seller” becomes obliged to compensate the expertise expenses to “Buyer”.
3.9. The damaged “Products” replaced/changed in the result of warranty service, is in the ownership of “Seller”.
4. Failure in performance of the warranty liabilities
4.1. “Seller” is discharged from the warranty liabilities in the following cases:
4.1.1. If “Products” has been misused by “Buyer”;
4.1.2.If an unsuitable accessory is placed on “Products” or additional equipments (e.g. boring tools, nozzles, discs, etc.) of other manufacturer has been used by “Buyer”;
4.1.3. If the damage of “Products” is resulted from negligence of “Buyer”, especially due to misuse of the vehicle, which cannot be considered as a factory defect;
4.1.4. If the reason of damage of “Products” is external mechanical impact;
4.1.5. If the damage of “Products” is resulted from insufficient ventilation and/or any mechanical damage (e.g. if any cracks, scratches, shatters, etc. are observed at “Products”);
4.1.6. If other materials felt into the “Products”, foreign bodies are observed in ventilation grid of electronic tools and/or any corrosion is observed at metal parts;
4.1.7. If the barcode/serial number or label of the presented “Products” is damaged and/or does not correspond to the number of the warranty document filled in the e-system of business process’ management of “Seller” (SAP).
4.1.8. If “Buyer” has repaired “Products” at his discretion, and/or changed the internal configuration or electric scheme of “Products”, and/or attempted to repair or grease;
4.1.9. If the damage and/or failure of “Products” is resulted from incorrect transportation or storage;
4.2. No warranty terms shall apply:
4.2.1. To the details experiencing normal wear (e.g. carbon brushes, cogged belts, rubber covers, glands, protective case, idler pulleys, bushings, etc.);
4.2.2. To the replaceable accecories (e.g. holders, collets, etc.);
4.2.3. To the equipments (e.g. boring tools, hacksaw, discs etc.) and additional equipments (e.g. carbons, rubber rings, belts, lubricants, bank of accumulators and chargers)
4.2.4. In the case of complete wear of carbon brushes, which may entail a fault of rotor (so called stator);
4.2.5. To technical maintenances (e.g: cleaning, washing, oiling, etc. ).
5. “Products” installation term
5.1 Products”, requiring installation shall be installed by “Buyer” depending on the following terms:
a) In Tbilisi service centers of “Seller” - 5 (five) days after purchase of “Products”;
b) In Eastern Georgia service centers of “Seller” – 1 (one) week after purchase of “Products”;
c) In Western Georgia service centers of “Seller” – 2 (two) weeks after purchase of “Products”;
6. Terms for response to a warranty case by “Seller”
6.1. “Seller” responses to a warranty case of “Products” depending on the following terms:
a) C. Tbilisi – 3 (three) business days after request;
b) Eastern Georgia – 1 (one) week after request;
c) Western Georgia – 2 (two) weeks after request.
6.2. If “Buyer” orders the additional components, 21 (twenty-one) calendar days are added to the terms set forth in Paragraph 6.1. of this Paragraph.