Terms and conditions Colad Pump Spray System
These warranty conditions (“Warranty Conditions”) apply to all Colad Pump Sprayer Ultimate with Colad article number 9704 (“Product(s)”) sold by EMM International B.V. located at the Bohemenstraat 19 (8028 SB) Zwolle, the Netherlands (“EMM”).
To the extent these Warranty Conditions deviate from any other agreements made, the provisions set forth in these Warranty Conditions shall prevail.
EMM warrants that all delivered Products are (i) fully suitable for their intended use of which EMM acknowledges having knowledge, including that the Products are used in combination with chemical substances; (ii) in accordance with the specifications agreed upon and with generally accepted technical standards; (iii) free of construction defects, including for instance defects which may jeopardize safety, and other product defects (including for instance in the Products’ raw materials and components); and (iv) not subject to premature or abnormal wear and tear (the “Warranty”).
Any other conditions and warranties relating to the quality of the Products or their fitness for their intended use, either individually or combined with other materials, shall apply only if explicitly indicated by EMM in writing.
The Warranty does not apply if and to the extent the breach of the Warranty is caused by:
i. acting in violation of the Product manual, which can be found using the QR code on the packaging of the Product; or
ii. damages as a result of incorrect, improper or unprofessional handling of the Product; or
iii. the use of chemicals in the Product that appear on the "chemical resistance list". The current list can be found at the Colad website; or
iv. incorporating or modifying the Products delivered without EMM’s prior written consent; or
v. the removal, change or replacement of the production code on the Product.
The Product shall be subject to a warranty period of thirty six (36) months after the date of delivery of the Product by the relevant EMM-dealer to the user of the Product (“end-user”), provided, however, that the end-user has registered the purchase of the Product at the Colad website https://www.colad.co/en_gb/pump-spray-ultimate-warranty/ ultimately within one (1) month from the date of delivery of the Product, failing which the Warranty shall be voided.
Breach of Warranty
An alleged breach of any Warranty given (“Breach”) should be claimed by the end-user within fourteen (14) days after the Breach has been, or could reasonably have been, discovered, by sending a written notification to EMM, accurately stating the nature of the Breach and ground for the claim and the unique product identification number, as well as (a copy of) the original purchase receipt, failing which the Warranty shall be voided.
In case the end-user notifies EMM of an alleged Breach, the end-user shall provide evidence of the alleged Breach by sending the Material data sheet of the material used in combination with a photo from the issue and make available to EMM the material safety data sheets of the substances used in the Product. EMM will assess the alleged Breach within a reasonable period of time after it receives the end-user's written notification. Furthermore, the end-user shall keep the relevant Product(s) at EMM’s disposal for further inspection. Any information required for granting the Warranty may be obtained by EMM from the relevant EMM-dealer as well as from the end-user.
The Product(s) may be returned only with the prior written consent of EMM, on conditions subsequently to be determined by EMM relating, inter alia, to the costs and method of return. In the event that the Products are returned without EMM’s consent, shipment and storage of the Products shall be at the end-user's expense and risk.
If the Warranty is not granted, EMM will notify the end-user of the reason for not granting the Warranty in writing. The end-user shall file any complaints in this regard in writing to EMM within eight (8) days after the notification by EMM. In case of any dispute between EMM and the end-user as to whether there is a Breach, the Product(s) and/or sample(s) may be sent to an independent expert for final evaluation, which evaluation shall be binding for both parties. The independent expert shall be nominated by EMM. If said expert finds a Breach, the costs of the independent expert shall be borne by EMM, otherwise the costs shall be borne by the end-user.
Handling of a Warranty claim by EMM
If the Warranty is granted, EMM shall, at its choice and at its sole cost (among others, EMM will bear all costs of materials, transport and labour pertaining to the option chosen):
i. make available the necessary (spare) parts/materials to enable the end-user to properly remediate the Breach; or
ii. repair the delivered Product(s); or
iii. replace the delivered Product(s); or
iv. to take back the Product(s) and credit the end-user for the relevant invoice amount.
In no event shall EMM be under any further obligation, including an obligation to reimburse any other costs, or pay damages and/or interest.
The end-user is at any time obliged to use its best efforts to mitigate EMM's damages.
The end-user acknowledges that the remedies as described in these Warranty Conditions are its exclusive and sole remedies in case of a Breach.
These Warranty Conditions and any action related thereto shall be governed, controlled, interpreted and defined by and under the laws of the Netherlands, without regard to the conflicts of laws provisions thereof.
Any disputes that may arise as a result of these Warranty Conditions shall be submitted to the exclusive jurisdiction of the Court of Overijssel, location Zwolle, the Netherlands.