Paaschburg & Wunderlich GmbH (hereinafter referred to as the “Manufacturer”) provides this manufacturer’s warranty to consumers for its Shin Yo brand products – in addition to the statutory warranty to which consumers are entitled vis-à-vis their respective sellers. It applies without prejudice to mandatory statutory provisions under the following warranty conditions.
“Consumer” in the sense of this manufacturer’s warranty is any natural person who is the owner of the product and has not acquired it to resell it or install it in the context of his commercial or self-employed professional activity with third parties. Consumer in this sense is only the person who first acquires the product from the manufacturer, a dealer or another natural or legal person who resells or installs the product in the course of his commercial or independent professional activity.
“Products” are all products of the manufacturer which he has sold to third parties for the purpose of resale or processing under the Shin Yo brand.
The manufacturer assumes this guarantee for consumers who have purchased one or more products since 15.06.2018. In order to prove the time of purchase, it is obligatory and in any case to present a proper proof of purchase of the Shin Yo article.
The manufacturer guarantees consumers that his products are free of material, manufacturing and construction defects (hereinafter “defects”). The state of the art of science and technology at the time of manufacture is decisive. The product must have already shown the defect which caused the damage at this time. If the defect becomes apparent within two years of the transfer of risk to the consumer, it shall be presumed to be a material, manufacturing and design defect. Claims for compensation for consequential damage or product liability shall only exist in accordance with the mandatory statutory provisions.
This warranty is valid for a period of 2 years from the date of purchase of the consumer, but a maximum of 4 years from the date of manufacture (“warranty period”). The warranty period shall not be extended due to the granting of services within the scope of this warranty, in particular not for repair or replacement. In such cases, the warranty period shall not recommence.
III. duty of disclosure
For the assertion of the rights from this guarantee the consumer has to indicate by written error announcement within the guarantee period and under presentation of the purchase receipt opposite the manufacturer. A further condition is that the consumer notifies the defect within 2 weeks of becoming aware of it. Knowledge within the scope of this manufacturer’s warranty also means negligent ignorance. The timeliness of the notification and the non-expiration of the warranty period must be proven by the consumer. This does not apply to the time of manufacture.
IV. Scope of services
The product must first be sent to the manufacturer after proper notification of the fault in order to verify the fault. The manufacturer is then free to repair the product, replace it or refund the purchase price to the consumer.
When the product is replaced, the old product shall be retained and replaced free of charge by a new product of the same type, quality and type. If the product concerned is no longer manufactured at the time the defect is reported, the manufacturer is entitled to supply a similar product. In this case, the consumer may demand reimbursement of the purchase price instead of replacement by a similar product.
V. Conditions and exclusion
The condition for claiming this warranty is professional installation and maintenance of the product in accordance with the operating instructions and the recognised rules of technology (e.g. by an authorised specialist company) as well as compliance with the operating instructions and use of the products in accordance with the manufacturer’s technical instructions and care instructions.
The warranty claim covers not:
- wear parts, such as power resistors or flasher relays,
- slightly fragile parts such as glass, incandescent lamps, through breakage,
- consumables, e.g. batteries,
- Small deviations of the products from the nominal properties which have no influence on the utility value of the product,
- errors caused by installation, transport, and trial operation,
- damage caused by the defectiveness of the product,
- Exhibition products etc.
The warranty claim will expire bei:
- non-compliance with the assembly, maintenance and operating instructions handed over or available at www.pwonline.de, www.shin-yo.de or www.brands4bikes.de or any website connected thereto,
- Installation, repair or care by unqualified persons,
- Product damage caused by a third party,
- Damage to the product caused by normal wear and tear or intentional or grossly negligent damage,
- In improper installation or commissioning of the product,
- lack or faulty maintenance of the product,
- appropriate use of the product,
- Product damage due to force majeure or natural disasters, in particular, but not exclusively, floods, fires or frost damage and
- overvoltage or tampering with connector or cable.
VI. cost bearing
All shipping costs will be borne by the manufacturer in the event of a warranty claim. If the error check reveals that a warranty claim under this manufacturer’s warranty is not present, the shipping costs are borne by the consumer himself.
VII. reservation of the legal consumer rights
In addition to the rights arising from the guarantee, the consumer is also entitled to the statutory rights. This warranty does not limit any possible legal claims or contractual rights against the dealer arising from the respective sales contract.
VIII. place of performance, place of jurisdiction and applicable law.
This guarantee shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) of 11.04.1980. Place of performance for the obligations arising from this guarantee is 21509 Glinde, Germany. To the extent permissible, the place of jurisdiction shall be Lübeck, Germany.