5-year warranty as part of our corporate philosophy
Offering our customers the highest level of quality at all times is a fundamental part of our corporate philosophy at SKS. That is why we provide first end customers (as defined below) with a voluntary manufacturer’s warranty of five years on the products in our range of bicycle accessories, regardless of any claims such customers may have against their seller. Wearing parts and specified products and product groups (see Annex 1) are excluded. The requirements and details of this voluntary manufacturer’s warranty are provided in the Terms of Warranty below.
5-year manufacturer’s warranty for SKS products
Our Terms of Warranty
I. General information
SKS metaplast Scheffer-Klute GmbH, Zur Hubertushalle 4, 59846 Sundern, Germany (“SKS”) provides a manufacturer’s warranty for SKS products to first end customers. This voluntary manufacturer’s warranty applies in addition to the statutory rights that the first end customer has vis-à-vis the seller. Any further claims of the first end customer against SKS (e.g. on the basis of any product liability) shall also remain unaffected (see Section VII below).
The “first end customer” is the person who is the first consumer to purchase the SKS product directly from SKS or an SKS sales partner (in particular, specialist dealers). A “consumer” within the meaning of this manufacturer’s warranty is any natural person who has purchased the SKS product for private use and not to use it for their commercial or self-employed professional activity (e.g. to resell it or install it for third parties).
This manufacturer’s warranty is only valid for the first end customer and is not transferable. If the SKS product is resold by the first end customer, the warranty is therefore not transferred to the purchaser, regardless of whether the purchaser is also a consumer.
II. Scope of the warranty; warranty period & territorial scope of application
SKS guarantees to the first end customer that the SKS product purchased by the first end customer is free from material, manufacturing and design defects. The state of the art science and technology at the time of manufacture is the relevant standard for this purpose.
a. This warranty applies to all SKS products not listed under Section II b. for a period of 5 years from the date of purchase by the first end customer, but for a maximum of 6 years after manufacture. The warranty period shall not be extended by the services provided under this warranty, in particular it shall not be extended in the event of repair or replacement. In such cases, the warranty period also shall not start again. This shall apply even if these Terms of Warranty are enclosed with the replacement product; doing so shall not establish a new warranty or start the warranty period again.
Claims for compensation for consequential damage or under product liability shall only be valid in accordance with the mandatory statutory provisions.
b.
1. This warranty does not apply to products supplied to bicycle manufacturers and fitted by them to their bicycles (OEM).
2. The SKS products listed in Annex 1 are also explicitly excluded. Only the statutory warranty rights apply to those products.
c. The territorial scope of this voluntary manufacturer’s warranty is all countries of the European Union, as well as Switzerland, Norway and Liechtenstein. For all other countries, only the statutory warranty rights that apply in each country shall be valid.
III. How to claim, period for making a claim & limitation
To make claims under this warranty, the first end customer must notify SKS or the SKS sales partner from whom the first end customer has purchased the SKS product of the defect, in writing. Such notice of defect must be made within a period of two months from the date when the first end customer identified or should have identified the defect in the SKS product, and in any case before the warranty period expires. The first end customer is responsible for providing that the warranty period has not yet expired; such proof may be provided in particular by presenting the purchase receipt for the SKS product.
The written notice of defect must contain the following:
· a detailed description of the defect;
· the name and address of the first end customer; and
· proof that the customer purchased the SKS product as the first end customer and when, e.g. purchase receipt with date of purchase, trade name of the SKS sales partner and the product name and/or SKS article number.
The written notice of defect should be sent by email to service@sks-germany.com or using the contact form at:
https://www.sks-germany.com/contact.
Once it has been checked internally and a reply has been sent, the first end customer must make the affected product available to SKS or the SKS sales partner, on request.
The claim under warranty shall expire at the end of the warranty period. If a claim has been make within the warranty period in compliance with the above requirements, but SKS has not yet provided the service owed under warranty, the limitation period shall be suspended until the service has been provided.
IV. Conditions and exclusions
The condition for making a claim under this warranty is that the SKS product in question has been installed correctly in accordance with the SKS installation instructions and the generally accepted technical rules, and that the SKS product in question is used in accordance with the SKS instructions for use and installation.
If SKS can prove or if there is an objectively justified suspicion that these conditions are not met, SKS may reject the claim under warranty, unless the first end customer proves that the above conditions have been met.
Any instructions for use and installation and any other technical instructions are enclosed with every SKS product and are available at www.sks-germany.com.
There is no claim under this manufacturer’s warranty in the following cases:
· use of the SKS product for commercial or self-employed activity;
· failure to comply with the instructions for use and installation that are provided or are available at www.sks-germany.com and with any safety precautions;
· use of the SKS product that is not its intended or recommended use or is otherwise improper or incorrect; or
· product modifications, in particular installation, removal or replacement of individual parts or components of the SKS product.
This manufacturer’s warranty does not cover the following:
· product defects caused by transport, installation or external impact (shock, impact or fall);
· product defects or damage caused by the seller or third parties;
· product defects caused by normal wear (e.g. scratches, abrasion) or intentional damage (if damage is caused by negligence, such negligence shall be treated as contributory);
· wear parts, such as seals and batteries;
· consumables, such as batteries;
· minor deviations of the SKS product from the target quality that do not affect the ability to use the SKS product;
· damage caused by force majeure or natural disasters, in particular but not limited to flooding, lightning, fire, frost and fluctuations in the power supply;
· consequential damage caused by a defect; and
· sample or display products, second chance products and similar.
V. Services in the event of a warranty claim
If a claim is made under warranty in accordance with Sections I. to IV., SKS shall provide the manufacturer’s warranty by: 1) repairing the SKS product in question or supplying the necessary spare parts; 2) replacing the product; or 3) refunding the purchase price to the first end customer; at SKS’s own discretion and in accordance with the following provisions.
1) Repair
The first end customer normally sends the defective SKS product to SKS for repair, at its own expense. SKS shall repair it and return it to the first end customer free of charge.
2) Replacement
For replacement, the defective SKS product shall be replaced free of charge with a new SKS product of the same kind, quality and type. For replacement, the first end customer shall return the defective product to SKS on request and at its own expense. If the SKS product in question is no longer manufactured at the time of notice of the defect, SKS shall entitled to supply a comparable replacement product.
3) Refund of the purchase price
If SKS chooses to refund the purchase price and confirms this in writing, the first end customer shall return the defective SKS product at its own expense and SKS shall refund the purchase price that was paid. On refund of the purchase price, the defective SKS product shall become the property of SKS.
VI. Consequences of an unjustified claim under warranty
If the customer gives notice of a defect under warranty, but the conditions for a claim under this manufacturer’s warranty are not met, the costs incurred for shipping or transporting the product must be paid by the first end customer. The first end customer must also pay the costs, including any labour costs, that are incurred by SKS for any inspection or return transport of the product.
If the first end customer, after being informed that the warranty does not apply and of the expected costs arising of the repair, nevertheless wishes the repair to be carried out, the first end customer must pay the costs of spare parts and labour.
Data protection
The personal data provided by the first end customer is collected and used for an enquiry under the manufacturer’s warranty on the basis of the statutory provisions and in accordance with our Privacy Policy (https://www.sks-germany.com/datenschutz).
Further rights
In addition to the rights under this voluntary manufacturer’s warranty, the first end customer has the statutory rights without restriction.
In particular, this manufacturer’s warranty does not affect any further statutory or contractual rights (in particular warranty rights) that the first end customer may have against the SKS sales partner from whom the first end customer purchased the SKS product.
The warranty also does not limit or replace the statutory rights of the first end customer vis-à-vis SKS. This applies in particular to mandatory statutory liability provisions under the German Product Liability Act (ProdHaftG) or any liability in tort of SKS.
The rights of the first end customer shall continue to apply, regardless of any claim under the warranty and assertion of rights under the warranty by the first end customer.
Place of performance, place of jurisdiction & applicable law
This warranty is governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) of 11 April 1980. The place of performance for the obligations under this warranty is Sundern, Germany. As far as permitted, the place of jurisdiction is Arnsberg, Germany.
Name and address of the provider of the warranty:
SKS metaplast Scheffer-Klute GmbH
Zur Hubertushalle 4
59846 Sundern
Germany
Annex 1 – List of SKS products that are explicitly excluded from this manufacturer’s warranty. Only the statutory warranty rights apply to these products:
Art. no. Name
10001 AIRCHECKER (AV / SV) 2nd Generation
10473 »HIRSCH« DRINKING BOTTLE 500 ml
10474 »HIRSCH« DRINKING BOTTLE 750 ml
11315 »TWIST« DRINKING BOTTLE 750 ml
11397 »SKS« drinking bottle 500 ml
11398 »SKS« drinking bottle 750 ml
11425 »MOUNTAIN« DRINKING BOTTLE BLACK 500 ml
11426 »MOUNTAIN« DRINKING BOTTLE BLACK 750 ml
11428 »TEAM GERMANY« drinking bottle 500 ml
11429 »TEAM GERMANY« drinking bottle 750 ml
11465 »ROAD« DRINKING BOTTLE BLACK 500 ml
11466 »ROAD« DRINKING BOTTLE BLACK 750 ml
11534 COMPIT+
11536 COMPIT/E+
11537 +COM/UNIT
11600 NIGHTBLADE 26″+27.5″
11610 AIRSPY AV
11611 AIRSPY SV
11615 NIGHTBLADE 29″ + 27.5″ PLUS
11756 COM/PAD
11757 AIRSPY TL SET STANDARD (60 mm)
11770 AIRSPY TL SET SPECIAL M (67 mm)
11857 AIRSPY TL SET SPECIAL L (74 mm)
11858 AIRSPY TL SET SPECIAL XL (81 mm)
11855 SET COMPIT + (new) & COM/SMARTBAG
11884 +COM/CHARGER
11945 COMPIT POWER (COMPIT+)
11947 INFINITY TOPBAG
11948 INFINITY LIGHT
11990 INFINITY REARLIGHT FLASH (not approved under the German Road Traffic Licensing Regulations)
12038 ORGANIC DRINKING BOTTLE DERIVED FROM SUGAR CANE SMALL 500 ML
12039 ORGANIC DRINKING BOTTLE DERIVED FROM SUGAR CANE LARGE 750 ML
Last updated: 5/09/2024
