I. General Terms of Guarantee
1.1 These guarantee terms apply to power tools purchased by consumers or merchants in the European Union, Switzerland (referred to as “equipment” in the following) manufactured by MENZER GmbH, Celsiusstraße, 04420 Markranstädt, Germany (referred to as “MENZER” in the following). The terms and conditions are deemed to be binding until they are replaced by new terms and conditions.
1.2 With these guarantee terms, MENZER grants the buyer additional rights that apply over and above the contractual and statutory claims for defects. The provisions that follow are not associated with waiving, limiting or otherwise amending the contractual and statutory claims for defects. A buyer pursuant to these terms and conditions is a person who acquired MENZER equipment as the first consumer or merchant from a dealer or MENZER contractual partner. MENZER does not offer a guarantee for commercial machine rental companies.
II. General Terms of Guarantee
2.1 MENZER guarantees that MENZER equipment is free of defects in materials and workmanship. Should such a defect nevertheless occur, MENZER under the terms of the manufacturer guarantee shall repair or replace the defective part or the entire device free of charge. Additional claims are excluded unless liability is expressly required by law.
2.2 The availment of the guarantee does not extend or renew the guarantee term.
2.3 The MENZER manufacturer guarantee is granted exclusively subject to the condition that the equipment is used according to the instructions for use.
2.4 Guarantee claims only extend to the intended use of the equipment; the following in particular are excluded:
- Parts subject to normal wear and tear.
- Defects due to improper use or failure to observe the instructions for use
- Disassembled power tools
- Damage due to overloading the power tool
- Damage due to using accessories that are not approved, defective or incorrectly applied
- Damage caused by the power tool
- Damage caused by the use of force
- Consequential damages due to improper or inadequate maintenance or repair by the customer or third parties
- Damage caused by external forces and/or foreign bodies
2.5 Repairs covered by the guarantee may only be carried out by MENZER service centres, otherwise the guarantee is voided.
2.6 The MENZER GmbH repair terms and conditions apply for carrying out repairs.
III. Terms of Guarantee for BASE-LINE Equipment
3.1 For BASE-LINE equipment, MENZER grants a 2-year, for commercial or professional and equivalent use a 1-year manufacturer guarantee starting on the date of purchase according to the original purchase record for new equipment. MENZER does not offer a guarantee for commercial machine rental companies.
3.2 A claim under the guarantee can only be asserted if the buyer reports the defect promptly upon discovery using the MENZER online repair form and delivers the defective equipment to MENZER in the original assembled state with a copy of the original purchase record within the guarantee term.
IV. Terms of Guarantee for PRO-LINE Equipment
4.1 For PRO-LINE equipment, MENZER generally grants a 2-year manufacturer guarantee starting on the date of purchase according to the original purchase record for new equipment. Furthermore, buyers from Germany, Austria, United Kingdom and Ireland have the option of extending the guarantee term to a total of 3 years for PRO-LINE equipment purchased on or after 1 January 2015.
4.2 The requirement for extending the guarantee term is the online registration of the equipment under www.menzer-tools.com, no later than within 4 weeks after the purchase date according to the original purchase record. After registration, the customer receives a confirmation of the guarantee extension in electronic form.
4.3 A claim under the guarantee can only be asserted if the buyer reports the defect promptly upon discovery using the MENZER online repair form and delivers the defective equipment to MENZER in the original assembled state with a copy of the original purchase record and the confirmation of the guarantee extension within the guarantee term.
V. Final Provisions
5.1 The laws of the Federal Republic of Germany apply exclusively; the application of the United Nations Convention on the International Sale of Goods (CISG) is excluded.
5.2 Unless anything to the contrary is required by law, the exclusive jurisdiction is the registered office of MENZER.
5.3 Should a provision of these guarantee terms be or become ineffective or infeasible, in whole or in part, or should there be a gap in this agreement, the effectiveness of the remaining provisions shall remain unaffected. The ineffective or infeasible provision is deemed to be replaced by an effective and feasible provision that comes as close as possible to the intent of the ineffective or infeasible provision. In case of a gap in this agreement, a provision is deemed to be included that corresponds to what would have been agreed had the parties to the agreement considered the matter at the outset.
Version of the guarantee terms: V1.0, 1 January 2015