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Version 2014v1
1.5 Warranty stipulations concerning the wheelchair
In the following warranty and liability stipulations the terms and definitions as summed up hereafter must be
explained as follows:
• Product:
The manually operated wheelchair manufactured and delivered by Pegasus Zorg.
•
Customer: The person who directly obtains a Product from Pegasus Zorg or an authorized representative.
•
Dealer:
The person who delivers a Product obtained from Pegasus Zorg to customers or third parties.
•
User:
The person who uses a Product manufactured by Pegasus Zorg.
Irrespective of what is determined concerning warranty conditions applicable to the Product, in any case the
following applies with regard to the warranty:
1. Except insofar as described otherwise Pegasus Zorg 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 will be executed free of charge, as long as such faults occurred
within one (1) year after the date of delivery of the Product to the Customer. The parts to be replaced must be
shipped postage-paid to Pegasus Zorg. Installation or removal of these parts is for the Customer's account.
Therefore, the following cases are not eligible for free repair or replacement as meant above:
- The repair or replacement that is necessary in connection with faults that arise after one (1) year after the
date of delivery of the Product to the Customer;
- The 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 applies that if the Customer is a Dealer, this Dealer will indemnify Pegasus Zorg
against possible claims from Users or other third parties for faults based on an incorrect or careless use of
the Product;
- Parts that are subject to wear and the need for repair or replacement of the parts are the actual
consequence of normal wear. These can include, but are not limited to, tyres, shrouds, arm-pads, seating etc.
3.
Irrespective of that stipulated under 2, it applies as far as an electric Product is concerned 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 nonfunctioning of the
battery as a result of normal wear is not covered by the warranty as meant in these warranty stipulations. 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 good maintenance, in which context it also applies that if the Customer is a Dealer,
this Dealer will indemnify Pegasus Zorg 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.
Pegasus Zorg does not guarantee batteries provided by dealers or purchased by the customer.
4.
The warranty conditions as mentioned in above stipulations in any case become null and void if:
-
The guidelines of Pegasus Zorg for the maintenance of the Product are not, or insufficiently, followed;
- 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;
- Parts of the Product are replaced by parts of another origin than those used by Pegasus Zorg and/or parts of
the Product are replaced without the permission of Pegasus Zorg.
5. The warranties as mentioned in stipulations 1 through 3 also become null and void if what is involved is reused by a
new user within the warranty period and that such re-use necessitates adaptations to the wheelchair and those
adaptations are carried out without the instructions and/or at the order of Pegasus Zorg.
6.
To retain rights under the warranties delineated above, the Customer must, in case of damage or other calamities,
as rapidly as possible contact Pegasus Zorg and inform them as fully as possible. The possibility of taking recourse
to the above-mentioned warranty conditions becomes null and void for the Customer in any case after 20 workdays
after the claim situation or the calamity arises that was the reason for the recourse to the warranty.
7. The replacement of a part or the repair or the reconditioning of the Product within a current warranty period does
not extend the warranty period.
8.
Pegasus Zorg gives no warranty on repair to or reconditioning of the Product carried out other than under order of
and/or at the instructions of Pegasus Zorg. If repairs and/or reconditioning are executed by or on behalf of a
Customer, the Customer indemnifies Pegasus Zorg with respect to the claims of third parties that result, in the
broadest sense of the word, from such repairs or reconditioning.
