1. General information
HÜPPE shall provide consumers of HÜPPE products with this manufacturer guarantee in addition to the statutory consumer warranty. It shall apply notwithstanding statutory liability such as stipulated by product liability law and in cases of wilful intent and gross negligence as well as injury to life, body or health caused by HÜPPE or its agents.
Within the meaning of the manufacturer guarantee, the term "consumer" refers to all natural persons who are the owner of the product and have not purchased it for resale or for the purpose of installing it as part of their employed or for self-employed professional activities for third parties. "First customer" refers to consumers who initially purchased the product from HÜPPE and dealers or other natural persons or legal entities who purchased the product for resale or for the purpose of installing it as part of their employed or self-employed professional activities.
2. Guarantee protection
Valid for HÜPPE products purchased by first customers as from 1 June 2015 (proof of purchase):
HÜPPE guarantees consumers that its products are free from material, manufacturing and construction defects. The latest state of scientific knowledge and technology at the time of manufacture shall form the basis for this guarantee. The product fault, which caused the damage, must have been in existence at this point in time. Any claims for subsequent damages incurred or claims arising under product liability shall only be valid in accordance with the statutory provisions.
This guarantee applies for a period of five years as from the date of purchase by the first customer. The guarantee period shall not be extended by the provision of services within the scope of this guarantee, particularly not by repairs or replacements. The guarantee period shall also not start anew in such cases.
3. Written statement of faults
The consumer may enforce the rights under this guarantee within the guarantee period by submitting a written statement of faults to HÜPPE or the dealer where the first customer purchased the product. The consumer shall furthermore indicate the fault within a period of two months from the time he/she noticed or should have noticed it. It is the consumer's responsibility to provide evidence that the guarantee is still valid (by providing the first customer's proof of purchase, for
instance). HÜPPE may determine the start of the guarantee period on the basis of the manufacturing date.
4. Services provided under guarantee
HÜPPE may choose to repair or replace the product. The standard procedure is for the consumer to engage a local qualified technician to repair the product with the prior approval of HÜPPE. In such case, the guarantee shall cover the free-of-charge delivery of the necessary replacement parts. If HÜPPE decides to carry out the repairs itself and announces this decision per written confirmation, HÜPPE shall carry the costs for replacement parts, installation and its own labour costs as well as any costs for transporting or dispatching the product. The consumer shall provide access to the product.
In the case of replacements, the old product shall be replaced by a new product of the same type and quality. If the affected product is no longer being produced at the time the fault is indicated, HÜPPE may supply a similar product.
Any transport and/or dispatch to and from HÜPPE or the dealer, de-installation and re-installation of the product or any other special measure may only be performed with the prior approval of HÜPPE. If HÜPPE approves the intended measures, HÜPPE shall carry the costs incurred through the implementation of such measures. The consumer shall be responsible for collecting the new product from the nearest HÜPPE dealer, unless agreed otherwise.
5. Requirements and exclusions
This guarantee shall only be effective if the product is installed and maintained professionally in compliance with the operating manual and the recognised rules of engineering (e.g. by a specially qualified engineering firm or authorised specialist), compliance with the operating instructions is ensured and the HÜPPE products are used in compliance with HÜPPE's technical and care instructions.
All products come with assembly, operating and care instructions, which can also be downloaded at www.hueppe.com.
This guarantee does not cover:
- Expendable parts (such as seals, magnetic profiles, castors, etc.) subject to natural wear and tear;
- Slight deviations of HÜPPE products from the specifications stated that do not impair the product's usability;
- Calcium deposits, incorrect operation, damage caused by aggressive environmental factors, chemicals and cleaning agents;
- Product defects caused during installation, transport and test operations and
- Damages caused by the faulty HÜPP product;
- Display products, etc.
The guarantee shall be rendered void in the following circumstances:
- Non-compliance with the assembly, care and operating instructions dispatched and available at www.hueppe.com;
- Installation, maintenance, repair and care by unqualified persons;
- Product damage caused by the seller, engineer or third persons;
- Damages due to normal wear and tear or wilful intent – in the case of gross negligence, contributory negligence shall be mutually accepted;
- Improper installation or start-up;
- Lack of or incorrect maintenance;
- Products used not as intended;
- Damages caused by force majeure or natural disasters, particularly, but not exclusively, floods, fire and frost damage.
6. Non-coverage of the guarantee
If a product defect is not covered by this guarantee, the consumer shall carry the costs for dispatching and transporting the product. The consumer shall also carry the costs, including any labour costs, incurred for product inspections, and for de-installing and re-installing the product. If the consumer requests for the repairs to be carried out after being informed of the non-coverage of the guarantee and the estimated repair costs, the consumer shall carry the costs for the replacement parts and labour.
If the product was not defective upon delivery, HÜPPE shall decide, at its discretion, whether to rectify the fault on an individual case basis. The consumer shall not have a legal claim to the rectification of faults in such case.
7. Statutory provisions
The consumer shall have the right to claim under this guarantee as well as the statutory provisions. This guarantee shall not limit the statutory provisions, which may be more favourable for the consumer. This guarantee shall also not affect the first customer's, and potentially the consumer's, claims against the seller from which the first customer purchased the product.
8. Place of execution, place of jurisdiction and applicable law
This guarantee shall be subject to German law with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) of 11 April 1980. The place of execution of the liabilities arising under this guarantee shall be our head office in Bad Zwischenahn, Germany.
As of 01/06/2015 HÜPPE GmbH
26160 Bad Zwischenahn, Germany