Terms and Conditions of Warranty - Wheelchair
§ 1 Object of the warranty
1.1 The warranty refers to the
The warranty covers the following: PARAVAN wheelchair described in detail in the sales contract. 10 years: Steel- , Sheet metal- and welding parts, Chassis, Chassis cover; 2 years: Electronic components and seat 6 month: Battery
The warranty covers the replacement of defective parts as well as the costs of dismantling and installing them unless the following terms and conditions exclude this.
§ 2 Content of the warranty, exclusions
2.1 If a part subject to the warranty becomes dysfunctional within the agreed warranty period, and if this makes a repair necessary, the purchaser can claim for the repair of the damage covered by the warranty to the extent provided for according to the present terms and conditions.
2.2 There is no warranty coverage without contributive causes of damage being taken into account:
- Caused by an accident, i.e. an incident directly affecting the object of warranty from the outside with mechanical force,
- Caused by wilful or malicious acts, misappropriation, especially theft, unauthorised use, robbery, misappropriation, fire or explosion,
- For which a third party bears or must bear responsibility as manufacturer, supplier, owing to a repair job or some other warranty commitment,
- Which arises because the wheelchair was exposed to loads exceeding those defined by the manufacturer,
- Or because inappropriate lubricants and fuels were used,
- Caused by the modification of the original design of the wheelchair (e.g. technical modifications and/ or additions) or the installation of OEM and accessory parts, which are not approved by Paravan
- Caused by using an item that is evidently in need of repair, unless there is no connection between the damage and the need for repair or if the item has been at least provisionally repaired with the approval of the delivering company at the time the damaging even occurred.
2.3 Moreover, there is no warranty for damage:
2.3.1 If the maintenance and care work prescribed or recommended by PARAVAN is not carried out on the vehicle in due time either by PARAVAN or a contract partner authorised by PARAVAN during the warranty period and the damage has a causal connection to the omitted or delayed performance of maintenance and service. The customer bears onus of proof that the omitted or delayed performance of maintenance and service was not the cause of the damage.
2.3.2 If during the warranty period maintenance or repairs were carried out on the wheelchair by a contract partner not authorised by PARAVAN and there is a connection between the work performed by said company and the damage that has occurred. The customer bears the onus of proof that the work carried out by the other company was not the cause of the damage.
2.3.3 Which was incurred because the damage was not reported immediately and the wheelchair made available for repair.
2.3.4 Which was incurred owing to non-observance of the notes on operating the wheelchair in the operating manual.
§ 3 Scope of validity
The warranty is valid in Europe.
§ 4 Beginning and term of the warranty
4.1 The warranty is valid for the periods named in § 1. It begins on the day the wheelchair is accepted by the purchaser.
4.2 The transfer of ownership to private persons is without prejudice to the warranty.
However, the warranty expires when the object is sold to a commercial reseller.
§ 5 Scope of the warranty, costs shared by the purchaser
5.1 The warranty claim covers the elimination of damage according to the technical demands imposed on the wheelchair parts subject to warranty in compliance with § 1. For the refund of dismantling and installation costs the working hour rates of the manufacturers are relevant. If the repair costs exceed the value of a replacement unit, which is normally installed in the case of damage of this nature, the warranty claim is restricted to the installation of a replacement unit of this kind, including the costs of dismantling and installing it.
5.2 The following do not fall under the warranty:
- Costs of transporting the wheelchair for the purpose of rectifying damage under warranty
- Travelling costs and/or travel expenses for the purpose of rectifying damage under warranty
- Compensation for consequential damage unless this is the object of the warranty in compliance with the present terms and conditions of the warranty
5.3 If repairs and inspections, which come under the guarantee, are carried out at the same time as others that do not, the duration of the repairs that have to be compensated are determined with the aid of the working hour rates of the manufacturer.
5.4 The cost-related scope of the warranty claim for repairs is limited by the current market value of the wheelchair at the time when the damage that comes under the warranty occurs.
5.5 The customer must bear the costs of repairs commissioned without authorisation and
PARAVAN's prior written consent.
5.6 The warranty does not constitute any claim to cancellation of the sales contract or reduction of the purchase price and compensation instead of the performance defined under the sales contract.
§ 6 Conditions for granting warranties
6.1 After damage which comes under the warranty has been discovered, the warrantee must immediately report said damage - if necessary by phone - to PARAVAN GmbH or the PARAVAN dealer responsible in the region. They reserve the right to repair the wheelchair themselves or to refer the warrantee on to an appropriate repair shop. Release for repair in a different repair shop must be issued in writing before the repair work begins.
6.2 This applies accordingly if damage under the warranty occurs anywhere else in Europe.
If the repair shop does not belong to the PARAVAN service network, the extent of the repairs must be defined in consultation with PARAVAN GmbH. Release for repair by PARAVAN GmbH must be issued in writing before the repair work begins. In this case the warrantee must provide proof of the damage under warranty by means of photos, a logical description thereof and a receipted invoice. PARAVAN reserves the right to refund for the damage under warranty after internal scrutiny within the framework of the present terms and conditions of warranty.
6.3 The purchaser leaves the replaced parts at the repair shop for a period of three months for the purpose of any necessary assessment. The company carrying out the repair is only obliged to return the replaced parts if the purchaser requested it in writing when commissioning the repairs.
6.4 When making a claim the warrantee must present the certificate of warranty and the maintenance booklet for the wheelchair.
§ 7 Statute of limitation
All claims covered by the warranty become time-barred 6 months after receipt of the notice of claim by PARAVAN GmbH and, at the latest, 6 months after the warranty period expires in compliance with § 4.
Note on claims for material defects
The statutory claims for material defects of the purchaser remain unaffected.