LEGAL INFORMATION

Praça da Faculdade nº 14, 4710-297 Braga – Portugal

Portugal: +351 253 268 082

513515739

Conservatória do Registo Predial/Comercial/Automóvel Guimarães – Portugal

Name

Address

Praça da Faculdade nº 14, 4710-297 Braga – Portugal

Phone

Portugal: +351 253 268 082

E-Mail

VAT No.

513515739

Registered at

Conservatória do Registo Predial/Comercial/Automóvel Guimarães – Portugal

TERMS AND CONDITIONS

1. GUARANTEE, LIABILITY AND DEALER REGRESS

The contract partner is obliged to examine the goods immediately and check for any defects. All complaints and claims about defects are to be reported by the contract partner in writing immediately, and no later than 1 week following the receipt of the goods. Mechanical damage, such as damage of the goods caused by transport as well as the delivery of incorrect quantities or missing items have to be to be reported to ‘Winwel Electronics’ within 24 hours following the receipt of the goods. Complaints about defects are no reason to withhold any payments. The rules mentioned above do not apply if conclusive legal rules, e.g. general consumer rights or other local legislations differ.

2. WARRANTY PERIOD

For contracts with companies the following rule is applicable:
With new appliances, the guarantee period lasts 24 months, while with used ones the legal guarantee rights are excluded. This does not apply if something different was agreed upon in writing, or, if conclusive legal rules, e.g. for consumer shops, lay down a longer guarantee period. The guarantee period runs from the moment of the taking-over of the goods. Improvements or improvement attempts neither prolong nor interrupt the guarantee period. A relevant prolongation of the guarantee period only applies to the part repaired if conclusive legal rules, e.g. for consumer shops, preclude the exclusion of the prolongation or interruption of the guarantee period. An inhibition or interruption of the guarantee period only occurs, however, if a court enforces the guarantee claim or if ‘Winwel Electronics’ acknowledges the defect in writing. Improvement attempts are no acknowledgement and do not bring about a prolongation of the guarantee period. The same applies to improvements that were carried out in a fair manner, i.e. without the recognition of the legal duty. In the event of partial deliveries, the guarantee period starts with the delivery of the particular part.

3. MODE OF COMPLAINTS; RETURNS

The contract partner is obliged to enforce his guarantee or compensation claims exclusively by keeping to the mode of complaints as given in the following: to enforce one’s guarantee claims the number and date of the invoice, and the defect needs to be stated and is to be handed in/delivered free to ‘Winwel Electronics’/the service partner. In the event of sending the product complained about (Send-In Service), the costs for the transport to ‘Winwel Electronics’/the service partner will be borne and the risk of a possible loss or of a delay during the transport will be taken by the person enforcing the claim, and for that reason, concluding appropriate insurance is recommended.
If the mode was not kept as agreed upon, the claimed goods will be returned without being dealt with and a standard treatment fee amounting to EUR 15.00 plus sales tax will be charged. If it turns out that no defaults are present on the claimed product or that the default data were given wrong, a standard fee for minimum treatment amounting to EUR 15.00 plus sales tax will be charged. The contract partner is reserved the right to prove that either no costs or only a smaller amount arose. Above written procedure is valid for all returns.

4. SCOPE OF WARRANTY

In the event of a justified complaint about defect, ‘Winwel Electronics’ will first of all attempt to improve the faulty item, if need be, provide a replacement. If a complaint is made later than six months following the date of production, the amount of the possible repayment is calculated from the purchase price minus benefits of use. Only if the defect removal is refused unjustly in writing, despite the appropriate period, the contract partner is entitled to have the default removal carried out by a different company. All these rules do not apply if conclusive legal rules, e.g. for consumer shops, appoint differently. If conclusive legal rules, e.g. for consumer shops, provide for nothing to the contrary, the contract partner is in charge of the proof that the defect claimed was already present at the moment of the handing over of the item. This applies at any rate, i.e. also with consumer shops, to defects that only appear six (6) months following the delivery of the item. It is generally assumed that a defect complained about after the twenty-fourth (24) month of the guarantee period is a matter of a common wear and tear that the contract partner/ultimate buyer is responsible for, and does not justify any guarantee claims.

5. NO GUARANTEE CLAIMS CAN BE ACCEPTED FOR PRODUCTS THAT
WERE DAMAGED OR MADE UNABLE TO OPERATE

1) by using the product for a purpose for which they were not intended, non-observance of the notes for the user contained in the Instructions for Use and/or in the Guarantee Certificate, or by any other incorrect use of the product, e.g. if the contractually provided goods were operated together with such devices or programs the compatibility of which was not explicitly confirmed by ‘Winwel Electronics’,
2) by changing the product,
3) by attempts to repair the product by a third person, i.e. not by ‘Winwel Electronics’ or a service partner authorized by ‘Winwel Electronics’,
4) by improper transport or improper package for the return of the product to ‘Winwel Electronics’ or a service partner of ‘Winwel Electronics’,
5) by improper installation of products provided by third persons (e.g. memory modules).

6. CESSION OF GUARANTEE AND COMPENSATION

The cession of guarantee and compensation claims and others is impossible. If the contract partner enforces guarantee claims or withdraws from the contract, he is to furnish ‘Winwel Electronics’ an appropriate compensation for the use as well as indemnification for the reduction in value of the performance

7. LIMITATION OF LIABILITY

Compensation and error appeal claims that result from a possible faulty delivery or an improper execution of another performance of ‘Winwel Electronics’, e.g. in connection with carrying out guarantee repairs, are explicitly excluded; in particular any liability for loss of data and loss of profit of the contract partner. The liability exclusions or limits stated here apply to claims of the contract partner on the basis of the legal regulations that were issued in the explanation of the guidelines 99/44/EG of the European Parliament and the Council of the 25th May 1999 in the particular EU countries, e.g. they apply to the redress claim of the contract partner after the performance of the guarantee duty towards the user. The liability limits stated above do not apply in the event that the damage resulted from our intention or gross negligence; they do not apply to personal injury if a transaction for a delivery by a fixed date was agreed upon, further if damage results from the absence of a quality that we have guaranteed, and they do not apply to claims based on the law of product liability (see Point 7).

8. WARRANTY FOR CONTRACT PARTNERS

If the contract partner disposes of the goods obtained from ‘Winwel Electronics’ to an ultimate buyer, ‘Winwel Electronics’ may arrange that possible guarantee claims enforced from ‘Winwel Electronics’ or a service partner by the ultimate buyer in the name or by order of the contract partner as his performance accomplice are arranged directly with the ultimate buyer provided that the guarantee claims enforced by the ultimate buyer do not exceed the claims that the contract partner is entitled to. If within the frame of the guarantee, the ultimate buyer/user lodges his claims directly against the contract partner, the ultimate buyer/user explicitly renounces any form of redress claims against ‘Winwel Electronics’.
Possible independent guarantee promises given to the ultimate buyer by ‘Winwel Electronics’, are a “limited product guarantee”, which is independent of the guarantee claims of the buyer in the way they are stated under this point and those laid down by law in the particular countries.

9. WARRANTY FOR PROGRAMMING SERVICES AND SOFTWARE PRODUCTS

Notices of defects are valid only if they concern defects that are reproducible and if they are submitted within 4 weeks after delivery of the agreed service or, in the case of custom-designed software, after acceptance of the program in accordance with point 4, and documented in writing. In fulfillment of the warranty, rectification of defects takes precedence over price reduction or rescission of the order. If the notice of defects is justified, the defects are to be remedied within an appropriate period of time, and the buyer is to make available to the seller all measures required by the latter to investigate the problem and remedy the defects. The presumption of defectiveness in accordance with § 924 of the ABGB is ruled out.
Revisions and additions, which, before the agreed work is handed over, prove to be necessary because of organizational deficiencies or technical deficiencies in the program, and for which the seller bears responsibility, are to be carried out free of charge by the seller.
The costs for support provided, diagnosis of errors, remedying defects and failures that are the responsibility of the buyer, as well as other corrections, revisions and additions are to be carried out by the seller and the costs charged to the buyer. This is also the case for the remedying of errors when program revisions, additions or other interventions have been carried out by the buyer himself or by a third party.
Furthermore, the seller assumes no warranty for defects, failures or damages that are due to improper use, altered components in the operating system, interfaces and parameters, the use of inappropriate organizational resources and data carriers, insofar as these are stipulated, unusual operating conditions (particularly deviations from the installation and storage provisions) or damage during shipment.
For programs that are subsequently altered by programmers of the buyer or by third parties, any existing warranty of the seller’s is no longer applicable.
Insofar as the subject of the order is the revision or supplementation of existing programs, the warranty covers the revision or supplementation. The warranty for the original program does not thereby again come into effect.

10. LIMITED PRODUCT GUARANTEE

If ‘Winwel Electronics’ guarantees certain goods to be free from defects in material and treatment given in the Guarantee Certificate enclosed to the product, under certain conditions for a guarantee period laid down, the guarantee is a limited product guarantee, which grants the buyer the rights stated in the guarantee declaration but which does not limit the lawful guarantee claims of users/consumers according to the legal regulations of the country in which the product was bought. The guarantee performance may only be enforced in that country in which it was first sold to an ultimate buyer. It is explicitly pointed out that all guarantee claims granted by ‘Winwel Electronics’ within the framework of a limited product guarantee, exclusively exist under the limits and exclusions referred to in the guarantee certificate and in the following:
a) No guarantee claims can be accepted for products that were damaged or made unable to operate

1) by using the product for a purpose for which they were not intended, non-observance of the notes for the user contained in the Instructions for Use and/or in the Guarantee Certificate delivered together with the product, or by any other incorrect use of the product, e.g. if the contractually provided goods were operated together with such devices or programs the compatibility of which was not explicitly confirmed by ‘Winwel Electronics’,
2) by changing the product,
3) by attempts to repair the product by a third person, i.e. not by ‘Winwel Electronics’ or a service partner authorized by ‘Winwel Electronics’,
4) by improper transport or improper package for the return of the product to ‘Winwel Electronics’ or a service partner of ‘Winwel Electronics’,
5) by incorrect handling or as a result of mechanical load (such as percussions, dropping, high pressure or similar)
6) by improper installation of products provided by third persons (e.g. memory modules), as well as for products that ‘Winwel Electronics’ obtained from a sub supplier about whose property court proceedings due to insolvency was initiated at the time of the enforcement of the guarantee claims, or such proceedings were imminent.

b) Guarantee performance can only be claimed according to the particular mode laid down in the guarantee certificate: bring-in service, send-in service, etc. To enforce one’s guarantee claims, please have a look to the mode of complaints as stated in point 5.3.

c) If a complaint about defects is lodged within the framework of the limited guarantee during the guarantee period agreed upon, ‘Winwel Electronics’/the service partner will, at his own discretion, remove the claimed defects, exchange the faulty parts or issue a credit note about the purchase price; as far as the amount of a possibly issued credit note is concerned, see point Guarantee. The guarantee period will be neither prolonged nor interrupted by improvements or attempts to carry out an improvement. The enforcement of further claims by the buyer/user, particularly claims based on possible concomitant and resultant damage within the framework of the guarantee settlement is explicitly excluded, in any case, however, it is limited to deliberate or grossly negligent acting or default of ‘Winwel Electronics’. The fault is to be proved by the contract partner, as far as it is lawfully admissible. Possible claims are limited with the simple net value of the goods and the maximum sum amounting to a total of EUR 5,000.00. A liability for the loss of business opportunities, data or programs and the loss of profit of the contract partner is excluded in any case.

11. INSTALLATION AND OTHER TECHNICAL REGULATIONS;

When using the delivered or repaired goods, the installation, operation and other technical regulations as well as product specific instructions must be strictly observed. ‘Winwel Electronics’ cannot be held liable for damages of any kind that may arise due to overloading or improper handling, operation, installation, installation or the like. ‘Winwel Electronics’ cannot be held liable or provide any guarantee for the compatibility of their own products with third party products or systems. Furthermore, ‘Winwel Electronics’ liability for the violation of any warning or information requirements is limited to unless these were intentional or the result of gross negligence.

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