Extract from the General Conditions of Prins Autogassystemen B.V. These General Conditions were deposited with the Eindhoven Chamber of Commerce and Industry on 3 January 2011 under No. 17058344. The complete text of the General Conditions is available on the Prins website.
14.1 Prins warrants that the Products it supplies are manufactured from sound materials and are of sound workmanship. Should defects nonetheless occur in the Products supplied by Prins as a result of manufacturing defects and/or defects in the material, Prins will, after examining the defects in
accordance with Article 14.3, repair the said defects, or cause them to be repaired, within the specified term, or provide the components required for repair, or cause them to be provided, replace the Products in full or in part, or reimburse at most the invoice value of the Products, all this at its sole discretion. This warranty shall apply during twenty four (24) months following delivery.
14.2 Should the Product supplied comprise a complete LPG system, this must have been built in by Prins or by a dealer approved by Prins in accordance with the standard instructions and the statutory requirements; if the system will be registered online (warranty portal) within thirty (30) days of delivery, the warranty period referred to in Article 14.1 shall be thirty six (36) months, subject to written deviations. If no online registration (warranty portal) will be examined, the guaranty term of twenty four twenty four (24) months will start on the delivery date.
14.3 At the request of Prins, the Purchaser shall allow an expert appointed by Prins to examine the defective Product, failing which the right to warranty shall lapse. The decision of the expert shall be binding for both parties. The costs of such expert appraisal shall be borne by Prins if the Purchaser has made a claim under the warranty; they shall otherwise be at the expense of the Purchaser.
14.4 Any claims under this warranty shall be reported to Prins by registered letter within eight (8) days of their occurring. Should the complaint not be submitted within that period, any claim vis-à-vis Prins shall lapse. Any legal proceedings instituted in respect thereof shall be brought before the court within thirteen (13) months of the submission of the timely complaint on pain of their lapsing.
14.5 Should the Purchaser request Prins to repair the Products at the Purchaser’s premises, Prins shall be authorised to invoice the Purchaser for the costs incurred, including travel expenses, accommodation and meals.
14.6 Defects resulting in whole or in part from the following shall not in any case be covered by the warranty:
(a) failure to comply with the directions for use, operating instructions etc. or use other than the intended normal use;
(b) normal wear and tear;
(c) alterations to the information on the warranty card;
(d) alterations to information on the stickers provided by Prins in accordance with its legal requirements;
(e) assembly/installation, repairs or adjustment by third parties, or in any case by a dealer or purchaser not recognised by Prins without Prins’s prior written consent;
(f ) the application of any government regulation on the nature or quality of materials used;
(g) materials provided by the Purchaser to Prins to process or execute an order, unless explicitly otherwise agreed;
(h) materials and/or goods used in consultation with the Purchaser;
(i) advice given by Prins, unless explicitly agreed otherwise;
(j) the processing of Products by the Purchaser, unless Prins explicitly states a specific manner of processing in writing in its documentation brochures etc. or has permitted such without any reservation in writing;
(k) external influences, installation mistakes;
(l) incorrect fuel or fuel of inferior quality;
(m) the use of an additive not approved in writing by Prins;
(n) demonstrable failure to comply with the maintenance schedule prescribed by the car manufacturer, importer and/or Prins.
14.7 Prins shall not be held to any warranty nor shall it be liable to pay any compensation whatsoever with regard to the Contract should the Purchaser fail to comply with any obligation arising for it from the Contract concluded with Prins or from a related contract, or fail to do so properly or on time.
14.8 Any claim under this Article shall expire should the Purchaser carry out repairs, disassembly or other actions affecting the Products, or should it cause such repairs, disassembly or other actions to be carried out, without Prins’s prior written consent.
14.9 Should Prins replace any components or Products in fulfilment of a warranty obligation, such Products or components shall become its property. Prins shall be authorised to charge transport costs for these Products or components unless Prins has given instructions for the transport.
14.10 Without prejudice to the provisions of Article 15, Prins shall in no case be bound by any other obligation, for example to pay compensation.
15.1 Prins shall not be liable for any costs, damage or the like that may arise as a direct or indirect result of:
(a) force majeure, as set forth in these conditions;
(b) acts or omissions by the Purchaser, its employees, or other persons who have been put to work by the Purchaser or on its behalf;
(c) the applicability of one of the circumstances specified in Article 14.6.
15.2 Prins shall only be liable to the extent of its insurance cover for any damage (or personal damage) to Products or property belonging to the Purchaser and/or third parties if such has occurred through any intentional act or omission or gross negligence on the part of Prins or of those who have been put to work by Prins, with the amount insured by Prins being the maximum. Should it turn out, for whatever reason, that no insurance cover exists with respect to a given case, Prins’s liability shall be limited to the invoice value, exclusive of VAT.
15.3 Prins shall in no case be liable for any collateral damage suffered by the Purchaser or a third party, including consequential damage, immaterial damage, loss of profits or environmental damage.
15.4 The Purchaser indemnifies Prins against all claims by third parties in respect of deliveries of Products.