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The following claims code constitutes an integral part of the General Business Terms and Conditions of the seller – Sumo Rubber Ltd., ID SC555021, with its registered office at 272 Bath street, Glasgow, G2 4JR, United Kingdom, registered in the Companies House Register in Scotland (“Seller” or “Sumo Rubber”) – and describes the process of claiming the warranty arranged to the goods purchased from Sumo Rubber.
The purchaser must get familiarised with the Claims Code and the General Business Terms and Conditions before ordering the goods. Simultaneously, the purchaser acknowledges that the purchaser must provide Sumo Rubber with all assistance and co-operation necessary to handle the claims; otherwise, the period for handling the claims gets extended for the time of purchaser’s failure to provide the required assistance and co-operation.
The purchaser agrees to this Claims Code by entering into the purchase agreement and receiving the goods from the Seller.
The definition of terms contained herein supersedes the definition of terms contained in the General Business Terms and Conditions. If the respective term is not defined in the Claims Code, the term in question is interpreted and construed as defined in the General Business Terms and Conditions. If the term in question is not defined in the General Business Terms and Conditions, it is interpreted and construed as defined by law.
The warranty can be claimed against a purchase document (invoice) issued by Sumo Rubber in respect of the goods purchased. This document (invoice) includes all essentials stipulated by law required to claim the warranty (namely the name of the goods, period of warranty, price, quantity and serial number).
The period for exercising the rights to claim the warranty commences on the day the purchaser accepts the good, that is, on the day stated in the purchase document or certificate of warranty.
The period lasts 24 months.
The period for claiming the warranty terminates on the day corresponding to the day on which the period has commenced plus the respective number of months thereafter.
The period for claiming the warranty in terms of months is stipulated with reference to every piece of goods purchased at a Seller’s shop and is sufficiently indicated on the purchase document.
If not claimed within the stated period, the respective product liability rights terminate.
If, as part of the handled claim, the defective goods are replaced, no new period of guarantee commences. The relevant period for claiming the warranty commences at all times on the day the purchaser receives the original goods.
2. Quality upon Receipt
The Seller is liable to the purchaser that the goods are free from defects upon receipt. In particular, the Seller is liable to the purchaser that, at the moment the goods are received by the purchaser:
· The goods have the characteristics agreed by the parties or (if no agreement is reached) the characteristics described by the Seller or the manufacturer or expected by the purchaser with reference to the nature of the goods and related advertisement.
· The goods can be used for the purposes stated by the Seller or for the purposes for which the goods of that kind are usually used.
· The goods are provided in the corresponding quantity, measurement or weight.
· The goods comply with the requirements stipulated by law.
If the goods become defective within six month after receipt, the goods are deemed being defective already upon receipt by the purchaser, unless proved by the Seller otherwise.
1. Quality Inspection
When receiving the goods from the shipping company, the purchaser is to properly and thoroughly inspect the delivery (namely the number of packages and undamaged packaging) as per the delivery note.
On the day of receiving the goods, the purchaser is to further inspect the goods for completeness; in particular, if all parts have been delivered.
Any incongruities are to be reported to the Seller upon receipt of the goods from the shipping company and stated in the record of delivery whereby the purchaser may refuse to accept the delivery. Any incongruities may as well be reported to the email address firstname.lastname@example.org. In addition, Sumo Rubber recommends attaching any photos documenting the defects and damaged packaging.
The statutory period for claiming the warranty is not affected thereby. Any subsequent claims of incomplete delivery or damaged packaging do not limit the purchaser’s right to claim the warranty; yet, they enable Sumo Rubber to prove that the same do not represent a conflict with the purchase agreement.
2. Warranty Claims
The warranty can be claimed by emailing email@example.com or sending a written request by post to the seller’s address:
Sumo Rubber Ltd.
272 Bath Street
The warranty request must include: the goods claimed (or picture of it), the purchase document or another proof that the warranty can be claimed, detailed description of the defects and sufficient contact details of the purchaser (namely the sending address and telephone number) so that the origin and defects of the goods can be identified.
Sumo Rubber further recommends selecting the mode of handling the claim (replacement, discount from price or refund).
In case that Sumo Rubber requests the damaged goods returned in order to process the warranty, the goods must be sent to the above address.
The warranty further does not apply to the damage caused by or resulting from the following activities:
a. mechanical damage caused by improper use;
b. use of goods in conditions (temperature, dust, humidity, chemical and mechanical conditions) other than directly stipulated by the Seller or manufacturer;
c. unprofessional installation, use, operation or neglected maintenance;
d. excessive overuse or use contrary to the terms and conditions stipulated in the relevant documents or contrary to the general practice;
e. adjustments made by the customer (painting, bending, etc.);
f. forces of nature or force majeure
Warranty claims are decided by the Seller within three working days from receiving the warranty request.
The claims are handled by Sumo Rubber without undue delay; however, within a maximum of 30 days after the warranty has been claimed. Once the warranty is claimed, the period of 30 days can be extended as per the agreement with the consumer; however, only for a period other than indefinite or unreasonably long. After the period (extended period) expires, the claimed defect is deemed to have indeed existed and the consumer has the same rights as if the defect in question was ascertained to be other than capable of being removed.
The purchaser receives a written document issued by Sumo Rubber with information as to the date of the claim, result, duration and reasons (if any) for rejecting the claim.
After the claim is handled, the purchaser is informed by Sumo Rubber thereabout by email. Replacement goods are automatically shipped back to the purchaser’s address once the claim is completely handled.
If the claim is accepted as legitimate, the purchaser is entitled to claim reimbursement of costs reasonably incurred in claiming the warranty, including return postage, however this does not cover express delivery. The reimbursement of costs must be claimed without undue delay; however, within a maximum of one month before the period for claiming the warranty expires.
The statutory rights of the purchaser are not affected hereby.
This Claims Code comes into effect on 29th January 2017