30 | Warranty
9 Warranty
9.1 Provisions of warranty
In the warranty and liability provisions the
following terms are de
fi
ned as follows:
• Product
: The manual or electric wheelchair
or scooter manufactured and supplied by
Handicare.
• Customer
: The person who directly obtains
a product from Handicare.
• Dealer
: The person who supplies a product
obtained from Handicare to third parties.
• User
: The person who uses a product
manufactured by Handicare.
Irrespective of what has been determined
concerning warranty conditions in the general
terms and conditions applicable to the product,
the following shall in any case apply with regard
to the warranty:
1. Except insofar as described otherwise in the
provisions below, Handicare guarantees the
product for its suitability for the purpose for
which the product is intended - all of these
points as described in this manual - and
for the quality of the material of which the
product is made and the manner in which
the product is manufactured.
2. Repairs or replacement of parts of the
product that may be necessary as a result
of faults that are based on qualitatively
faulty material or manufacturing errors shall
be carried out free of charge, as long as
such faults occurred within one (1) year
of the date of delivery of the product to
the Customer. The parts to be replaced
must be shipped post-paid to Handicare.
Disassembly or assembly of these parts
shall be at the expense of the Customer.
Therefore the following cases shall not be
eligible for free repair or replacement as
referred to in the previous sentence:
A. Repair or replacement that is necessary
in connection with faults that arise after
one (1) year from the date of delivery of
the product to the Customer;
B. Repair or replacement that is required in
connection with faults due to improper
or careless use of the product or that
are based on the product being used for
another purpose than the one for which it
is intended, in which regard it shall apply
that if the Customer is a Dealer, this
Dealer shall indemnify Handicare against
possible claims from Users or other third
parties for faults based on an incorrect or
careless use of the product;
C. Parts that are subject to wear, and the
need for repair or replacement of the
parts is the actual consequence of
normal wear.
3. Irrespective of that stipulated under 2, as far
as an electric product is concerned it shall
apply that, with regard to the battery that
forms part of the product, warranty is only
given in case of faults or non-functioning of
the battery that are demonstrably the direct
consequence of material or manufacturing
errors. A fault or non-functioning of the
battery as a result of normal wear is not
covered by the warranty as referred to
in these warranty provisions. Similarly
not covered by the warranty are faults or
non-functioning that are the consequence
of improper or unprofessional use of the
product or the battery that is part of the
product, including the incorrect charging
of the battery and the failure to carry
out timely and proper maintenance, in
which context it shall also apply that if the
Customer is a Dealer, this Dealer shall
indemnify Handicare against possible claims
from Users or other third parties that are
based on the above-mentioned improper
or unprofessional use of the product or the
battery that is part of the product.
4. The warranty conditions as stated in the
above provisions shall in any case become
null and void if:
A. Handicare’s guidelines for the
maintenance of the product have not, or
have insuf
fi
ciently, been followed;
B. A necessary repair or replacement of
parts is based on neglect, damage or
abuse of the product or a use of the
product for another purpose than the one
for which it was intended;
C. Parts of the product have been replaced
by parts of another origin than those
which Handicare uses and/or parts of the
product have been replaced without the