Terms of Guarantee for WESCO Manufacturer’s Guarantee
Wesco (M. Westermann & Co. GmbH, Bahnhofstr. 205, 59759 Arnsberg, Germany) assumes this global manufacturer’s guarantee for Wesco products in addition to the statutory warranty that consumers are entitled to against a seller. This guarantee shall apply without prejudice to mandatory statutory liability provisions such as the provisions pursuant to the product liability law, in cases of intent and gross negligence, due to injury to life, body or health on the part of Wesco or its vicarious agents.
A “Consumer” for the purposes of this Manufacturer’s Guarantee shall be deemed any individual that has become the owner of the product and has concluded the purchase for a purpose not attributable to any commercial or self-employed professional activity on the part of that individual. “First Customer” means the Consumer who was the first person to purchase the product from Wesco, a dealer or another natural person or legal entity that resells the product as part of its business or other independent professional activities.
Valid for Wesco products that have been purchased by First Customers since 1 July 2012 (date of purchase receipt), and for which the guarantee period has been marked on the carton/packaging.
Wesco warrants to Consumers that its products are free from material, manufacturing and design defects. The state of science and technology at the time the product was manufactured shall be the authoritative factor in this regard. The warranty is effective only if the product has already featured the defect that caused the damages at that time. Claims regarding compensation for subsequent damages or due to product liability shall only be established subject to the mandatory statutory provisions.
This guarantee shall be valid for a period of five (5) years as of the First Customer’s purchase date. The guarantee period is not extended as a result of services performed under this guarantee and is also not extended in the case of repair or replacement. Also, in these cases the guarantee period shall not begin anew.
Written notice of defect
Within the guarantee period, the Consumer may assert the rights from this guarantee by forwarding a written notice of defect to Wesco or the dealer from whom the First Customer purchased the product. It is the responsibility of the Consumer or First Customer to submit proof of the guarantee’s validity by presenting a purchase receipt. The written notice of defect and the purchase receipt shall be sent to the following address:
M. Westermann & Co. GmbH
Wesco is free to decide whether it will repair the product, exchange the product, or send the Consumer a replacement part.
Insofar as Wesco issues a written promise to repair the product, Wesco shall be responsible for the costs of replacement parts, its own labour costs, and shipping costs. The Consumer shall be responsible for making the product available.
In the case of an exchange, the product will be replaced at no charge with a new product of the same type, quality and model. Insofar as the product is no longer manufactured at the time of the notice of defect, Wesco shall be entitled to supply a similar product.
Insofar as Wesco decides to send a replacement part, Wesco shall be responsible for the cost of the replacement part including shipping costs.
Prerequisites and exclusions
The validity of the guarantee is subject to compliance with the operating instructions and the use of Wesco products in accordance with Wesco’s technical instructions and care instructions.
Technical instructions, operating and care instructions are supplied with each of the products and are available at www.wesco.de.
The following are not covered by the guarantee:
- wear parts such as springs, foot pedals etc.;
- consumables, such as batteries;
- minor deviations from intended characteristics which do not affect the usability of the product;
- handling errors, damages from aggressive ambient conditions, chemicals, cleaning agents, intensive exposure to sunlight;
- defects on the product caused by transport and by test operation;
- damages caused by the defective Wesco product;
The validity of the guarantee shall end:
- if the delivered technical instructions, operating and care instructions are not adhered to;
- in the case of product damages caused by the seller or third parties;
- in the case of damages that are due to normal wear and tear or intentional and negligent damages;
- in the case of improper start-up; use of replacement parts or accessories that have not been authorised by Wesco;
- in the case of lacking or improper maintenance/care;
- if the products have not been or are not used in accordance with their intended purpose;
- in the case of force majeure or acts of God, including but not limited to, fire, hail, theft, floods, earthquakes;
- if the product has been purchased in open electronic marketplaces, including but not limited to eBay and Amazon, and purchases from garage sales, second-hand shops etc.
Non-applicability of guarantee
Insofar as a product defect is not covered by this guarantee, the Consumer shall be responsible for the costs of shipping and transportation of the product. The above sentence does not apply if the Consumer provides evidence that under the given circumstances he/she was not able to recognise that no guarantee existed.
Insofar as the Consumer, after having received information regarding the non-applicability of the guarantee and the expected costs incurred by the repair activities, still wishes to have the product repaired, the Consumer shall also responsible for the cost of replacement parts and labour costs.
If the product did not feature the defect at the time of delivery, Wesco will decide in each case whether the defect will be repaired as a goodwill gesture. In that case, the Consumer shall not have a legal claim to have the defect remedied.
In addition to the rights from this guarantee, the Consumer is also entitled to legal rights. Such legal rights are not restricted by this guarantee. In addition, the guarantee also does not affect the rights of the First Customer against the seller from whom the First Customer purchased the product.
Place of performance, place of jurisdiction and governing law
This guarantee is subject to German law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) dated 11 April 1980. If the holder of the guarantee qualifies as a merchant or is a legal entity under public law or a public-law special fund, the exclusive place of jurisdiction for all disputes arising out of this agreement is Arnsberg, Germany. The same applies if the Consumer has no place of general jurisdiction in Germany or is not a resident of Germany or if the Consumer’s habitual residence is not known at the time legal action is filed.