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30 | Warranty

9 Warranty

9.1 Provisions of warranty

In the warranty and liability provisions the

following terms are deﬁ 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 insufﬁ 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

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