Warranty

Warranty of GESUTRA GmbH with respect to HanseLifter products GESUTRA is a manufacturer of HanseLifter products. GESUTRA GmbH grants to its contractual partners (traders and direct end customers) a seller’s warranty for the products of the “HanseLifter” brand in accordance with the following provisions.

 

1. Content and scope of warranty:

Only contractual partners of GESUTRA, i.e. customers who bought the product directly from GESUTRA, are entitled to rights under this warranty. The warranty applies only to new goods. The rights under this warranty exist besides possible warranty claims under the sale of goods law of the customer vis-à-vis GESUTRA. Such claims under the sale of goods law are not excluded or limited by the present warranty. The warranty applies to all products of GESUTRA GmbH which are sold to entrepreneurs under the brand name HanseLifter. Except for the exclusions in the following provisions, a warranty case exists if a material defect of a HanseLifter product occurs within the warranty period. The warranty applies only to products the customer bought from GESUTRA within the Federal Republic of Germany.

 

2. Warranty period:

The warranty period is: - six months for the parts listed hereinafter, however 1,000 operating hours at the longest: batteries as well as wheels and rolls (with the exception of normal wear and tear). Other wearing parts are excluded from the warranty, - 12 months for other products, however 1,000 operating hours at the longest. The warranty period commences with the date of delivery of the new product to the first customer. In case of a resale or other change of owner, the rights under the warranty do not pass to the buyer. Further, no new warranty period will commence. The same applies to guarantee services rendered. No new warranty period commences for repaired or replaced parts. The remaining warranty period since the delivery applies.

 

3. Exclusions of warranty:

Warranty claims are excluded in case of: - inappropriate handling, e.g. overloading of the product, incorrect use for inadmissible purposes, non-compliance with the instructions for use, inspection or maintenance as well as with the assembly and handling instructions (e.g. connection to the wrong line voltage or kind of current); - use of force, damage caused by outside influence or foreign objects, third party interference, changes of the product that were not explicitly authorized by GESUTRA (e.g. extensions or cuts); - repair, maintenance or other measures carried out by unauthorized HanseLifter repair shops or installation of non-original HanseLifter spare parts; - use of unauthorized application tools or utilities, e.g. oils and lubricants, which are not recommended by HanseLifter. The provisions of the handling instructions of HanseLifter govern. All spare parts and oils must generally be purchased from HanseLifter. If HanseLifter is not able to deliver the required spare parts or oils/lubricants within an appropriate time, the customer is entitled to purchase them from third parties; - insufficient or inadequate maintenance of the device, e.g. failure to comply with the maintenance intervals and intervals for the change of lubricants; - irrelevant failures or deviations which are immaterial for the intended use; - abnormal operating conditions, such as wetness, extreme heat or cold, variations of electrical power supply or force majeure, fire, floodings; - usual wear and tear; unless the customer proves that the fault is not caused by one of the abovementioned conditions. If it turns out that there was no warranty case GESUTRA reserves the right to charge the examination costs to the customer. In particular, potential testing costs, e.g. laboratory costs for oil tests, are for the account of the customer.

 

4. Enforcement of warranty:

A warranty case has to be notified in writing to GESUTRA without delay, at least within 14 days after its occurrence, and within the warranty period. When enforcing a warranty claim the original sales receipt showing the sales date has to be presented. Warranty claims may only be enforced for completely paid goods. If the abovementioned provisions are not observed, there exists no right to claim warranty services.

 

5. Warranty services and handling:

In a warranty case, GESUTRA provides the following services at GESUTRA’s choice: - delivery of spare parts free of charge for do-it-yourself installation GESUTRA delivers spare parts at no charge and carriage paid for do-it-yourself installation by the customer. The installation is to be made by the customer at his own expense. or - free of charge warranty repair by GESUTRA GESUTRA carries out the repair on its own or has it done by a third party instructed by GESUTRA at its own expense. In such case, the customer has to send the goods back to GESUTRA or to another repair shop named by GESUTRA. The transport is to be made at the expense of the applicant unless the assumption of costs by GESUTRA was expressly agreed in writing. or - repair by the customer by order of GESUTRA GESUTRA commissions the repair to the customer which is carried out by him (e.g. repair by customer (retailer) at the end customer). In such case, GESUTRA pays for the appropriate hours worked for the repair per working unit of 10 minutes of 6.80 € net. If travel expenses occur, 0.75 € per kilometer for the single journey will be reimbursed upon presentation of proof, e.g. through Googlemaps or another route planner. In case of sales outside the area agreed in the cooperation contract only journeys within the trading area are being taken into account. Journey time will not be compensated for. A reimbursement of costs at the abovementioned compensation rates will only be made if GESUTRA expressly agreed in advance to a chargeable do-it-yourself repair by the customer. If the customer commissions the repair to a third party, a reimbursement of costs will only be possible in a given case upon prior consultation with GESUTRA. The customer has to obtain a cost estimate first. The costs will only be met if the execution of repair and the taking over of the expected costs were cleared in writing by GESUTRA in advance. Only GESUTRA may choose among the individual warranty services. There exists no right of the customer to demand a certain warranty service. There exist no further claims under the warranty, especially no damage claims. Furthermore, GESUTRA does not assume liability for subsequent failure costs or costs of an interruption of operation. There exists no right to claim from GESUTRA the provision of an interim machine during downtime. HanseLifter may possibly assist in providing to the customer a suitable device on a rental basis.

 

6. Final provisions

Amendments to this warranty are to be made in writing.
Should individual issues or provisions of this warranty be invalid in full or partially, the
validity of the other provisions remains unaffected. In such case, the fully or partially invalid
provision will be replaced by such regulation the economic effect of which comes as close as possible to that of the invalid one. Place of jurisdiction is BREMEN. German law applies. The applicability of the UN Sales
Convention is excluded.