I. General Information
Wesco (Wesco International B.V., Escudostraat 2, 2991 XV Barendrecht, The Netherlands) offers the consumer a manufacturer's warranty for Wesco products, in addition to the statutory warranty to which the consumer is entitled vis-à-vis his seller. It applies without prejudice to mandatory statutory liability provisions, such as under the Product Liability Act, in cases of intent and gross negligence or injury to life, body or health by Wesco or its vicarious agents.
,Consumer‘ within the meaning of this manufacturer's warranty means any natural person who has become the owner of the product and has made the purchase for a purpose that is predominantly non-commercial or carried out on a self-employed basis. "First customer" is the consumer who has purchased the product (new product) for the first time from Wesco, a dealer or any other natural or legal person who resells the product as part of his commercial or self-employed professional activity (collectively "Dealer").
II Warranty protection
This manufacturer's warranty applies to Wesco products purchased by new customers after 1.7.2012 (proof of purchase) whose warranty period is stated on the box/package or in the product description in the WESCO online shop at www.wesco-shop.com.
Wesco guarantees consumers that its products are free from defects in material, workmanship and construction. The state of science and technology at the time of manufacture is decisive. The product must have already shown the defect that caused the damage at the time of the transfer of risk. Claims for compensation of consequential damage or product liability only exist in accordance with the mandatory statutory provisions.
This warranty is valid for a period of 5 years from the date of purchase of the first customer. The warranty period will not be extended due to the provision of services under this warranty, in particular in the event of repair or replacement of a product or part of a product. In these cases, the warranty period does not commence again either.
III. written notification of defects
The consumer can exercise the rights under this warranty by notifying Wesco or the dealer from whom the original customer purchased the product in writing within the warranty period. It is the responsibility of the consumer or the first customer to prove that the warranty has not expired by presenting the proof of purchase of the first customer. The notification of the defect to Wesco must be sent with the proof of purchase to the following address:
Wesco International B.V.
2991 XV Barendrecht
IV. Services in case of warranty
Wesco is free to repair the product, exchange it or send the consumer a replacement part.
If Wesco decides in writing to carry out the repair, Wesco will bear the cost of the spare parts, its own labour costs and the cost of shipping the product. The consumer must make the product available.
In case of replacement the product will be replaced free of charge by a new product of the same type and quality. If the product is no longer manufactured at the time the defect is reported, Wesco is entitled to supply a similar product.
If Wesco chooses to send a replacement part, Wesco will bear the cost of the replacement part including the shipping costs.
V. Conditions and exclusions
The effectiveness of the warranty depends on compliance with the operating instructions and the use of Wesco products in accordance with Wesco's technical instructions, operating instructions and maintenance instructions.
Technical instructions, instructions for use and maintenance are included with each product and are available at www.wesco-shop.com.
The warranty does not extend to
- Wear parts, such as springs, pedals, etc;
- Consumables, such as batteries;
- Minor deviations from the nominal condition, which do not affect the usage value of the product;
- Operating errors, damage due to aggressive environmental influences, chemicals, cleaning agents, intensive sunlight;
- Defects in the product caused by transport and test use;
- damage caused by the defective Wesco product;
- 2nd choice products, used products.
The validity of the warranty ends with:
- Non-observance of the technical instructions, operating instructions and maintenance;
- product damage caused by the seller or third parties,
- Damage due to normal wear and tear or deliberate and negligent damage;
- Incorrect commissioning;
- Use of parts or accessories not authorized by Wesco;
- Lack of or incorrect maintenance/care;
- Products that have not been or are not being used in accordance with their intended purpose;
- damage caused by force majeure or natural disasters, in particular, but not limited to
unconvincing, in case of fire, hail, theft, floods, earthquakes;
- Purchases in open electronic marketplaces such as, but not limited to, Ebay and Amazon, as well as purchases from garage sellers, second-hand shops, etc.
VI. Warranty inapplicability
If a product defect is found not to be covered by this warranty, the cost of shipping and transporting the product shall be borne by the consumer. This does not apply if the consumer proves that under the circumstances he could not have known that the warranty claim did not exist.
If, after being informed of the non-warranty and of the estimated cost of the repair, the consumer wishes the repair to be carried out, he shall also bear the cost of spare parts and labour.
If the product has not yet shown the defect at the time of the transfer of risk,
Wesco decides on a case-by-case basis whether the removal should be carried out as a gesture of goodwill. In this case the consumer has no legal claim to rectification of defects.
VII Legal rights
In addition to the rights under the guarantee, the consumer is also entitled to the statutory rights. These are not limited by the guarantee. The warranty also does not affect the rights of the first customer against the seller from whom the first customer purchased the product.
VIII Place of performance, jurisdiction and applicable law
This guarantee is governed by the law of the Federal Republic of Germany. The mandatory consumer protection rules of the country in which the consumer has his habitual residence are excluded from this choice of law. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) of 11 April 1980 is excluded. The place of performance of the obligations under this guarantee is Arnsberg. If the consumer does not have a general place of jurisdiction in Germany or if his domicile or habitual residence is unknown at the time the claim is made, Arnsberg shall be the exclusive place of jurisdiction for all disputes arising from this guarantee.
Status oktober 2019