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  2. Warranties and return policy

Warranties and return policy

Procedure for Acceptance of Goods, Claims, and Warranty Obligations

1. The Seller guarantees high quality of the goods and their conformity to the technical specifications on manufacture, and also to the operating obligatory quality standards of the European Union.

2. The Buyer accepts the Goods by quantity against to the shipping documents of the Seller at the moment of the Goods acceptance. The intra-packing acceptance is accomplished against the marking data and the Seller’s invoice at the moment of the Goods delivering into the Buyer’s warehouse.

3. The Buyer accepts the Goods by quality against technical conditions of a manufacturer.

4. Warranty Period

4.1. The warranty period shall be 12 months from the date of shipment of the Goods to the Buyer, unless otherwise provided by the supply agreement.

5. Definition of Warranty and Claim Cases

5.1. A warranty case shall mean the occurrence, during the operation of the Goods (or any of their components), of faults or defects caused by manufacturing defects, which appear within the established warranty period and are not caused by improper use of the Goods, provided that the marking allowing identification of the Goods is present.

A claim case shall mean the Buyer’s submission to the Seller of a justified claim regarding the completeness, quantity, or compliance of the Goods with the terms of the agreement, identified either during acceptance of the Goods or during their operation. Claim cases include: non-compliance of the Goods with technical characteristics, specifications, or orders; delivery of incomplete Goods (absence of separate parts or components); delivery of Goods in a quantity different from that specified in the agreement or accompanying documents.

5.2. The following shall not constitute warranty cases:

  • Mechanical damage: scratches, chips, cracks, and other damage caused by the actions of the Buyer or third parties (including accidental damage).
  • Improper operation: violation of the rules specified in the instruction manual, including exposure to liquids, high temperatures, negligent handling, etc.
  • Improper installation: damage caused by incorrect installation or connection.
  • External factors: voltage fluctuations, natural disasters, fires, and other similar events.
  • Defects caused by improper transportation or storage.
  • Normal wear and tear: failure of individual components due to their natural wear or expiration of service life (working fluids, filtering elements, rubber products, etc.).

5.3. Warranty repair/replacement of the Goods may be refused if:

  • The equipment marking is missing.
  • The marking is damaged or illegible.

6. Buyer’s Actions

6.1. In the event of detection of signs of a warranty or claim case during the warranty period, the Buyer shall send an electronic notice to reclamation@motorimpex.ua containing:

  • 6.1.1. a completed claim report (Appendix No. 1) describing the defect and the circumstances of the Goods failure;
  • 6.1.2. photo and/or video materials confirming the defect of the Goods;
  • 6.1.3. Warranty Goods may be sent to the Supplier ONLY upon prior approval of the shipment.

7. Supplier’s Actions

7.1. Within 14 (fourteen) calendar days from receipt of the Goods and the materials specified in Clauses 6.1.1 and 6.1.2, the Supplier shall review them and provide a response indicating:

  • whether the case is recognized as a warranty case (defect report – Appendix No. 2);
  • whether additional inspection of the equipment is required.

7.2. If additional inspection is required, the Buyer shall arrange and pay for the delivery of the Goods to the Supplier’s warehouse.

7.3. Within 14 calendar days from receipt of the Goods, the Supplier shall provide a final conclusion, unless other terms have been agreed.

7.4. If necessary, the review period may be extended with notification to the Buyer.

7.5. If the warranty case is not confirmed, the Buyer shall pay the cost of defect inspection in the amount of 10% of the value of the Goods, but not less than USD 50.

7.6. If the case is recognized as a warranty case, the Supplier shall reimburse the Buyer for the costs of delivery of the Goods, confirmed by proper transport documents (CMR, AWB, Bill of Lading, carriers’ invoices, etc.).

Compensation shall be made, upon agreement of the parties, by one of the following methods:

  • set-off against future deliveries;
  • reduction of the amount of the next invoice;
  • bank transfer to the Buyer’s bank account.

The final compensation procedure shall be documented in a bilateral act/settlement agreement regarding the warranty case, signed by both parties.

8. Replacement or Repair of the Goods

8.1. In the event that a warranty case is confirmed, the Supplier shall ensure repair or replacement of the Goods if the Goods are not repairable.

8.2. The delivery period for the replaced/repaired Goods to the Buyer’s warehouse shall not exceed 30 calendar days from the date of the final decision, unless otherwise agreed.

8.3. Delivery of the Goods in respect of which a warranty case is under consideration shall be carried out by the Supplier at its own expense.