EC / MC / SM 2005 -
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not in accordance to the corresponding technical requirements.
g)
The vehicle has been used for special purposes other than
ordinary use, such as competition, races or record breaking attempts.
h)
The vehicle has been directly or indirectly damaged as a result
of a fall or an accident.
Warranty exclusions
The following items are not covered by this Warranty:
a)
Worn parts, including, without any limitation, spark plugs, batteries,
petrol filters, oil filter elements, (secondary) chains, engine output
pinions, rear sprockets, air filters, brake discs, brake pads, clutch
plates and discs, bulbs, fuses, carbon brushes, footrest rubbers,
tyres, inner tubes, cables and other rubber components
b)
Lubricants (for example, oil, grease, etc.) and working fluids (for
example, battery liquid, coolant, etc.)
c)
Inspection, adjustments and other maintenance tasks, as well as
all kinds of cleaning work
d)
Damage to the paint-work and consequent corrosion due to
external causes, such as stones, salt, industrial fumes and other
environmental impact, or inadequate cleaning with inappropriate
products
e)
Any damages caused as a result of the defects, as well as any
expenses incurred either directly or indirectly as a consequence of
the defects (for example, communication costs, accommodation
expenses, car hire costs, public transport costs, breakdown truck
fees,, courier costs, etc.), as well as other financial losses (for
example, those caused by the loss of the use of the vehicle, loss of
income, time lost, etc.)
f)
Any acoustic or aesthetic phenomenon that does not significantly
affect the condition or use of the motorcycle (for example, small or
hidden imperfections, noise or vibrations that are normal in use,
etc.)
g)
Phenomena that are the result of the ageing of the vehicle (for
example, discolouring of painted or metallic coated surfaces).
Various
1.-
GG shall have the prerogative to decide, at its own discretion,
whether to repair or replace defective parts. Where parts are replaced,
ownership of the parts removed shall pass to GG without any other
consideration. The GG authorised dealer, to whom the making good
of the defects has been entrusted, is not authorised to make any
declarations that are binding on GG.
2.-
In case of doubt regarding the existence of a defect, or a visual
or material inspection is required, GG reserves the right to demand
the return of the parts which are the object of a claim under Warranty,
or to arrange an inspection of the defect by an expert from GG. Any
additional obligations arising out of guarantees on parts replaced
free of charge, or any other service rendered free of charge, are
excluded from the effects of this present warranty. The Warranty on
parts replaced within the Warranty Period will end at the expiry date
for the Warranty Period of the product concerned.
3.-
Should it prove to be the case that a defect can not be repaired,
the purchaser guaranteed shall have the right to the cancellation of
the contract (payment of compensation) or a partial refund of the
purchase price (discount), instead of repairing the motorcycle.
4.-
Any claims against Warranty by the purchaser under the terms
of the sale contract with the corresponding authorised dealer shall
not be affected by the terms of this present Warranty. Neither will
this present Warranty affect those additional contractual rights
acquired by the purchaser under the general commercial terms and
conditions of the authorised dealer. However, such additional rights
may only be exercised through claims against the authorised dealer.
5.-
Should the purchaser resell the product within the Warranty
Period, the duration and conditions of the present Warranty will
remain unaltered, in such a way as that the rights to make claims
under the present Warranty in accordance with the terms and
conditions set out in this present document shall be transferred to
the new owner of the motorcycle.
6.-
In the case of used motorcycles sold by Gas Gas the Warranty
Period will be one year from date of delivery of the goods. And in no
case shall the consumer request replacement of the goods.
2004