Terms and conditions warranty Colad UV Light
These warranty conditions (“Warranty Conditions”) apply to all Colad Fast Curing System UV Lights with Colad article number 9000 or 9000US (“UV Light(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.
Warranty
EMM warrants that all delivered UV Lights are (i) fully suitable for their intended use of which EMM acknowledges having knowledge, namely that the UV Lights are designed to cure Colad UV Products; (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 UV Light’s 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 UV Lights 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 User Manual – Original Instructions (EN) and its translation in the language of the country where purchased, which can be found in the packaging of the Product; or
ii. damages as a result of incorrect, improper or unprofessional handling of the UV Light; or
iii. incorporating or modifying the UV Light delivered without EMM’s prior written consent; or
iv. the removal, change or replacement of the serial number and/or production code on the UV Light.
Warranty period
The UV Light shall be subject to a warranty period of twelve (12) months after the date of delivery of the UV Light by the relevant EMM-dealer to the user of the UV Light (“end-user”), provided, however, that the end-user has registered the purchase of the UV Light at the EMM website https://www.colad.com/en_gb/warranty ultimately within one (1) month from the date of delivery of the UV Light, 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 serial number, as well as (a copy of) the original purchase receipt, failing which the Warranty shall be voided.
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 UV Light 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 UV Light 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 UV Light is returned without EMM’s consent, shipment and storage of the UV Light 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 UV Light 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 UV Light; or
iii. replace the delivered UV Light; or
iv. take back the UV Light 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.
Miscellaneous
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.