Warranty terms and conditions

Warrantor:
MUNK GmbH, Rudolf-Diesel-Straße 23, D-89312 Günzburg (hereinafter “MUNK”)

Personal Scope:
The warranty applies exclusively to businesses (§ 14 of the German Civil Code (Bürgerliches Gesetzbuch - BGB), legal persons under public law or special funds under public law (§ 310 (1), sentence 1 BGB) that purchase a product covered by this warranty for their commercial or inde-pendent professional activities (hereinafter “Warranty Holders”).

Warranty Products:
MUNK grants a voluntary manufacturer warranty (hereinafter the “Warranty”) exclusively for standard products manufactured by MUNK GmbH and listed, together with their item or model number, in the warranty overview in effect at the time of purchase. The warranty overview forms part of these warranty terms and conditions.

Scope of the Warranty:
MUNK warrants exclusively that, during the warranty period and given normal and intended use, the product covered by this Warranty will remain free from defects in materials, workmanship and design. A case covered by the Warranty exists only if such a defect impairs the safe intend-ed use or essential technical functionality of the product. The Warranty does not include any further assurances, particularly regarding any specific commercial usability, service life under specific operating conditions, availability, compatibility, productivity or suitability for a purpose not expressly confirmed by MUNK.

In the event of a valid claim under the Warranty, the remedy under the Warranty comprises the measure selected by MUNK – repair, replacement of the defective component or provision of a technically and functionally equivalent replacement product – as well as the spare parts used by MUNK for this purpose. It does not include, firstly, expenses incurred by the Warranty Holder or third parties in preparing for, supporting or carrying out the remedy under the Warranty, particu-larly costs for removal, dismantling, packaging, transport to MUNK, return transport, storage, reinstallation, assembly, installation, commissioning and testing, unless MUNK has agreed in advance, at least in text form, to bear such costs or mandatory law provides otherwise; second-ly, costs for scaffolding, cranes, lifting equipment, travel, personnel or the use of third-party companies, unless MUNK has agreed in advance, at least in text form, to bear such costs or mandatory law provides otherwise; thirdly, repairs or replacement purchases undertaken without authorization by the Warranty Holder or third parties.

The Warranty does not establish any claims for compensation for loss of use, business interrup-tion, production downtime, loss of profit, wasted expenditure, contractual penalties, third-party claims, indirect loss or consequential loss. Claims based on intent or gross negligence, culpable injury to life, limb or health, the German Product Liability Act (Produkthaftungsgesetz &emdash; ProdHaftG) or other mandatory provisions remain unaffected. In the event of a culpable breach of a material contractual obligation, liability for ordinary negligence is limited to the loss typical of the contract that was foreseeable when the Warranty was given.

The Warranty does not establish any entitlement to precautionary retrofitting, precautionary re-placement or inspection of other products from the same series in respect of which no separate case covered by the Warranty has occurred. MUNK’s statutory obligations under product and safety law remain unaffected.

Warranty Period:
The warranty period is 15 years. It begins upon handover of the product to the first Warranty Holder. The date of handover or delivery shown on the invoice or delivery note is decisive. If this date cannot be proven, the warranty period begins no later than the date of delivery to the first customer documented by MUNK.

If the product is purchased through a third-party distributor or resold, the remaining warranty period may be shorter than 15 years; it is calculated from the documented date of handover or delivery.

A remedy under the Warranty neither extends nor restarts the warranty period. For repaired or replaced products and components, the Warranty continues until the end of the remaining war-ranty period for the product originally purchased.

Limitation of Warranty Claims:
Claims under this Warranty become statute-barred two (2) years after the date on which the Warranty Holder became aware, or should have become aware absent gross negligence, of the case covered by the Warranty, but no later than six (6) months after the end of the warranty pe-riod. The limitation period does not begin before MUNK has completed its examination of the case covered by the Warranty, provided that MUNK is responsible for the delay in the examina-tion.

Territorial Scope:
The Warranty applies to products located within the European Union, Switzerland and Norway.

Exclusions from the Warranty:
This Warranty does not cover:

• special designs;
• custom-made individual products;
• samples and prototypes;
• electrical, electronic, hydraulic, pneumatic or motorized drives;
• batteries, rechargeable batteries and light sources;
• products, parts and components containing GFRP (glass fiber-reinforced plastic);
• typical consumable and wear parts that can ordinarily be expected to require replace-ment due to their nature and intended use.

Furthermore, the Warranty does not apply to defects, damage or functional impairments to the extent that they were caused or contributed to by:

• improper use or use for unintended purposes;
• use contrary to MUNK’s operating, usage, safety, maintenance or assembly instructions;
• use outside the specified conditions;
• unauthorized repairs;
• modifications or interventions;
• unsuitable spare parts or accessories;
• improper use or use for unintended purposes, including improper storage;
• improper transport, unless such transport falls within the responsibility of MUNK or a third party commissioned by MUNK;
• fire, water, overvoltage, lightning, chemicals, exceptional corrosive, thermal or mechani-cal effects, force majeure or comparable external effects.

Normal wear and tear due to age and use is not covered, nor are defects, damage or functional impairments to the extent that required inspection, servicing or maintenance measures were not carried out in full or on time and this caused the defect or damage asserted. Purely cosmetic imperfections or signs of use that impair neither the safe intended use nor essential technical functionality do not constitute a case covered by the Warranty.

Obligations to Cooperate and Provide Evidence:
Without undue delay after notifying MUNK of the case covered by the Warranty, the Warranty Holder must enable MUNK to conduct an appropriate examination of the product and must pre-serve the product unchanged until MUNK decides how to proceed. At its discretion, MUNK is entitled to require an on-site inspection, the provision of relevant supporting documents and pho-tographs or the submission of the product or affected components to a designated inspection location. Repairs, dismantling or other interventions before completion of the examination re-quire MUNK’s prior consent, at least in text form, unless they are strictly necessary to avert an immediate risk of personal injury or substantial property damage. The Warranty Holder must provide all documents required to examine the case covered by the Warranty that are reasona-bly accessible to it, particularly the product or model identification, invoice or delivery note, de-scription of the defect and any available records of inspections, servicing, maintenance, repairs and modifications. If required documents are not provided and, as a result, MUNK cannot de-termine with reasonable effort whether the product is covered by the Warranty, whether the War-ranty requirements have been met or what caused the defect asserted, MUNK is entitled to re-fuse the remedy under the Warranty until the required evidence is furnished.

Assertion of Claims:
The warranty claim must be asserted without undue delay by email to vertrieb@munk-group.com or in writing to MUNK’s address.

Unjustified Claims:
If the examination establishes that no case covered by the Warranty exists, MUNK may require the Warranty Holder to reimburse such reasonable costs of the examination and of any service call arranged by the Warranty Holder as may have been demonstrably incurred if and to the extent that the Warranty Holder misrepresented the case covered by the Warranty either inten-tionally or through gross negligence. The assertion of the claim for reimbursement of costs re-mains limited to exceptional cases in which the invocation of the Warranty was manifestly un-founded from MUNK’s perspective when applying the standard of care customary in commercial transactions. The Warranty Holder retains the right to prove that no costs or substantially lower costs were incurred. The Warranty Holder’s rights arising from a justified assertion of the War-ranty or a claim requiring examination remain unaffected by this provision.

Applicable Law, Jurisdiction:
This Warranty is governed by the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). To the ex-tent permitted by law, Günzburg is the exclusive place of jurisdiction for all disputes arising out of or in connection with this Warranty.

Warrantor:
MUNK GmbH, Rudolf-Diesel-Straße 23, D-89312 Günzburg (hereinafter “MUNK”)

Personal Scope:
The warranty applies exclusively to consumers within the meaning of Section 13 of the German Civil Code (Bürgerliches Gesetzbuch - BGB) who purchase a product covered by this warranty (hereinafter “Warranty Holders”).

The warranty is product-specific and may be invoked by any subsequent owner during the war-ranty period, provided that proof of the original date of purchase and the identity of the product is furnished. The transfer of ownership does not extend or restart the warranty period.

Warranty Products:
MUNK provides a voluntary manufacturer warranty exclusively for standard products manufac-tured by MUNK GmbH that are listed, together with their item or model number, in the warranty overview attached as an annex and applicable at the time of purchase (hereinafter the “Warranty”). Products not listed in the warranty overview are subject exclusively to statutory rights in respect of defects.

Permanent Provision and Accessibility of the Warranty Terms and Conditions:
The warranty terms and conditions in effect when the product is purchased, including the war-ranty overview attached as Annex 1, shall be provided to the Warranty Holder on a durable me-dium no later than upon delivery of the product.

In addition, MUNK shall make the version of the warranty terms and conditions in effect when the product is purchased available in electronic form at www.munk-group.com/warranty-terms-b2c for access and download throughout the warranty period.

Only the warranty terms and conditions in effect at the time the product is purchased shall gov-ern the assessment of a warranty claim. Amendments made in later versions of these warranty terms and conditions shall not apply to warranty claims that have already arisen.

Notice of Statutory Rights:
The manufacturer warranty applies in addition to the consumer’s statutory rights in respect of defects against the respective seller. These statutory rights may be exercised free of charge. They are neither restricted nor replaced by this Warranty and may be asserted independently hereof.

Scope of the Warranty:
MUNK warrants to the consumer that, during the warranty period and given normal and intended use, the product covered by this Warranty will remain free from defects in materials, workman-ship and design that materially impair its intended use. If, during the warranty period, a defect in materials, workmanship or design occurs that materially impairs the intended use of the product, MUNK shall provide a remedy under the Warranty in accordance with these warranty terms and conditions.

The Warranty applies exclusively to standard products manufactured by MUNK GmbH and des-ignated by MUNK as eligible for warranty coverage. Special designs and customer-specific solu-tions are not covered by this Warranty.

Warranty Period:
The warranty period is 15 years. It begins upon handover of the product to the first Warranty Holder. The date of handover or purchase shown on the proof of purchase shall be decisive. If no suitable proof of purchase is available, the date of purchase may be established by means of other suitable evidence.

Territorial Scope:
The Warranty applies to products purchased by a consumer in the European Union, Switzerland or Norway. Remedies under the Warranty shall be provided within this territory.

Exclusions from the Warranty:
The following are not covered by this Warranty:

• special designs;
• custom-made individual products;
• samples and prototypes;
• electrical, electronic, hydraulic, pneumatic or motorized drives as well as their lines and control components;
• batteries, rechargeable batteries and light sources;
• products, parts and components containing GFRP (glass fiber-reinforced plastic);
• typical consumable and wear parts that can ordinarily be expected to require replace-ment due to their nature and intended use.

Whether and for which standard products the Warranty applies is determined exclusively by the warranty overview attached as an annex.

Furthermore, the Warranty does not apply to damage or functional impairments if caused by:

• improper use or use contrary to MUNK’s operating, usage, safety, maintenance or as-sembly instructions;
• overloading or use of the product for an unintended purpose;
• repairs, conversions, modifications or other interventions not authorized by MUNK;
• the use of unapproved spare parts or accessories, provided that the claimed damage is attributable thereto;
• improper storage or improper transport after the risk has passed to the consumer, unless the seller, MUNK or a third party commissioned by MUNK bears responsibility;
• fire, water, overvoltage, lightning, chemicals, exceptional environmental effects, force majeure or comparable external effects;
• normal wear and tear due to age and use.

Purely cosmetic imperfections or signs of use that impair neither the safety nor the intended function or usability of the product shall likewise not constitute cases covered by the Warranty.

Assertion of Claims:
The warranty claim must be asserted by email to vertrieb@munk-group.com or in writing to MUNK’s address. The product or model identifier, a description of the alleged defect and the date of purchase must be provided. The date of purchase must be evidenced by proof of pur-chase or other suitable evidence.

Applicable Law:
This Warranty is governed by the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). If the War-ranty Holder has its habitual residence in another Member State of the European Union, the mandatory consumer protection provisions under the law of that state shall remain unaffected by the choice of law.