§ 1 Manufacturer’s Guarantee GUARANTEECARD-DOWNLOAD
(1) ACROS SPORT GmbH (hereinafter referred to ACROS) gives a guarantee for this product with regard to defects of the material used and incorrect processing to the extent as follows.
(2) The guarantee is valid for a term of
- 10 years for products of the product line Exo
- 5 years for products of the product line Meso
- 2 years for products of the product line Strato
The guarantee period commences on the day on which the product is first purchased by a consumer. The guarantee applies only to the first user of the respective product.
(3) This guarantee is the only guarantee given by ACROS. Further guarantee statements, liabilities, or obligations of ACROS do not exist. ACROS makes no further guarantee statements of whatever kind in addition to the present guarantee, neither expressly nor by implication; in particular, ACROS gives no implicit guarantees concerning general usability and fitness for a particular purpose of use or fitness for any other purpose. ACROS assumes no responsibility for any other information concerning properties, descriptions or statements with regard to the product.
(4) The guarantee does not cover:
- normal operational wear and tear or wastage
- damage to or destruction of the product by force majeure or environmental impacts, by use for racing contests or similar activities, or by improper handling or use, e.g., jumps or stunts
- damage to or changes in the finishing of the product
- the information in the user’s manual
§ 2 Performance under this Guarantee
(1) The performance of ACROS under this guarantee shall be limited, at the choice of ACROS, to an exchange of the products for identical or – depending on the further development of the products – comparable items or repair or refund of the purchase price.
(2) In the event that the purchase price is refunded, the purchaser must accept a deduction of 4% of the gross purchase price per month for the benefit of use.
(3) Performance by ACROS under this guarantee leads neither to an extension nor to the recommencement of the guarantee period.
(4) The claims under this guarantee shall be the sole and exclusive claims which can be asserted against ACROS by, or through, the purchaser on whatever legal grounds. Especially, the purchaser has no right to claim refund for cost incurred through removal or reinsertion of the product. ACROS is not liable for accidental damage, indirect damage or consequential damage.
(5) Claims against the seller of the product which are based on defects shall be excluded if and to the extent that ACROS performs under this guarantee.
(6) This guarantee does not affect the purchaser’s statutory rights against the seller.
§ 3 Expiration of the Guarantee
(1) This guarantee expires, if:
- the product is installed, adjusted, or used contrary to the instructions (especially those contained in the respective user’s guides or manuals) of ACROS; or
- the product is not professionally maintained and cared for, especially if the servicing intervals are not complied with, unless the purchaser can prove to ACROS that the non-fulfillment of the obligation was not causal for the defect of the product; or
- the product is used in an incorrect, faulty, or improper manner; or
- the product is repaired or used with (replacement) parts which have not been authorized by ACROS, especially with parts not being original parts; or
- the product is repaired or modified by persons who have not been authorized by ACROS, unless the purchaser can prove to ACROS that the non-fulfillment of the obligation was not causal for the defect of the product
(2) This guarantee also expires, if:
- the series number of the product is altered, obliterated, or removed; or
- ACROS is not notified in writing of the existence of the defect covered by this guarantee without undue delay, however no later than within a period of 30 days after the defect has been discovered or could have been discovered had due care been exercised; or
- the product is not returned to ACROS for examination within the period of time specified under the preceding point
(3) ACROS reserves the right to decide alone on all issues regarding this guarantee.
§ 4 Handling
(1) If you have a guarantee claim, please contact the dealer from whom you have purchased the product. Purchaser outside the Federal Republic of Germany are requested to contact the respective importer. Further information as to the contact persons can be found on our homepage at www.acros.de.
(2) When the product is returned, it must be accompanied by the copy of a sales slip and the completed accompanying documents (ACROS-warranty or guarantee card/guarantee certificate). The warranty can also be obtained from here!
(3) The cost of the return shipment shall be borne by the purchaser. The cost of reshipment to the purchaser within the Federal Republic of Germany will be borne by ACROS. If a product is returned from a place outside the Federal Republic of Germany, all cost, including potential tax, tariffs and other charges, related to reshipment to that place shall be borne by the purchaser.
(4) The risk during shipment of the respective product from the purchaser to ACROS and back shall be borne by the purchaser.
§ 5 Final Provisions
(1) This guarantee and all resulting claims, rights and obligations shall be subject to the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) Exclusive jurisdiction for all disputes between ACROS and the purchaser arising from this guarantee shall be the competent courts at the location of ACROS headquarter.
ACROS SPORT GmbH