PRODUCT WARRANTY AGREEMENT
This product warranty (hereinafter the "Warranty") has been issued in [City where the contract is signed] on [Contract date] between the following parties:
1. PARTIES
1.1 Warrantor:
[Warrantor's name/company]
Registry code: [Warrantor's registry code]
Address: [Warrantor's address]
Contact: [Warrantor's contact]
(hereinafter the "Warrantor")
1.2 Warranty Holder:
[Warranty holder's name]
Personal identification code / registry code: [Warranty holder's personal identification code / registry code]
Address: [Warranty holder's address]
Contact: [Warranty holder's contact]
(hereinafter the "Warranty Holder")
2. SUBJECT OF THE WARRANTY
2.1 Product: [Name/description of the product]. Model/serial number: [Model/serial number].
2.2 Date of purchase: [Date of purchase]. Purchase price: [Purchase price (€)] euros. Purchase document: [Number of the purchase document (invoice/receipt)].
2.3 The Warranty applies only to the product specified in clause 2.1. By the Warranty, the Warrantor promises to repair or replace the product on the terms provided in this Warranty in order to ensure its conformity with the terms of the Warranty, and thereby places the Warranty Holder in a more favourable position than that provided by law (Law of Obligations Act (VÕS) § 230 (1)).
3. WARRANTY PERIOD
3.1 Warranty period: [Warranty period] ([Warranty period (custom)]), from the delivery of the product to the Warranty Holder.
3.2 If the product must be sent to the Warranty Holder, the warranty period does not begin to run before the product is delivered. The warranty period is suspended for the time during which the Warranty Holder cannot use the product due to a non-conformity with the terms of the contract for which the Warrantor is liable (VÕS § 230 (2)).
3.3 In respect of a product or part thereof repaired or replaced under the Warranty, the Warranty applies at least until the end of the warranty period referred to in clause 3.1.
4. SCOPE OF THE WARRANTY
4.1 The Warranty covers:
[The warranty covers]
4.2 The Warranty covers all defects of the types referred to in clause 4.1 that become evident during the warranty period, except for the exclusions referred to in clause 5.
4.3 Territory of validity of the Warranty: [Territory of validity of the warranty].
5. EXCLUSIONS
5.1 The Warranty does not cover: [The warranty does not cover (exclusions)].
5.2 The exclusions referred to in clause 5.1 restrict only the rights arising from this Warranty and do not restrict the Warranty Holder's statutory rights (clause 8).
6. HANDLING OF A WARRANTY CASE
6.1 Remedy applicable in a warranty case: [Remedy in a warranty case].
6.2 Work carried out under the Warranty is free of charge for the Warranty Holder to the extent referred to in clause 4.1.
6.3 The Warrantor resolves a warranty case within a reasonable time and without causing significant inconvenience to the Warranty Holder. In the event of replacement, the replaced product or part thereof becomes the property of the Warrantor.
6.4 If the Warrantor does not resolve a warranty case within a reasonable time or unjustifiably refuses to do so, the Warranty Holder may use the legal remedies arising from the law and the contract of sale.
7. SUBMISSION OF A WARRANTY CLAIM
7.1 Procedure for submitting a warranty claim: [Procedure for submitting a warranty claim].
7.2 Contact for warranty claims: [Contact for warranty claims]. The Warrantor responds to a warranty claim within [Response time (working days)] working days.
7.3 The procedure for submitting a warranty claim must not be unreasonably burdensome for the Warranty Holder (VÕS § 230 (4)).
7.4 In the warranty claim, the Warranty Holder describes the defect and the time when it became evident and, where possible, submits the purchase document. In the absence of a purchase document, the purchase may be proved in another manner.
8. STATUTORY RIGHTS
8.1 This Warranty does not exclude or restrict the Warranty Holder's statutory legal remedies in the event of non-conformity of the product with the terms of the contract (VÕS § 230 (5)). The Warranty Holder has the right to choose whether to use this Warranty or the legal remedies arising from the law.
8.2 If the Warranty Holder is a consumer, the consumer has the right, in the event of non-conformity of the product with the terms of the contract, to use the statutory legal remedies against the seller free of charge, and this Warranty does not affect that right (VÕS § 231 (1) 7)). In the case of a consumer sale, the seller is liable for any non-conformity which becomes evident within two years from the delivery of the product (VÕS § 218 (2)).
8.3 If the terms set out in advertising relating to the warranty are more favourable to the consumer than those in this Warranty, the Warranty is binding on the terms provided in the advertising, unless the advertising had been corrected in the same or a comparable manner before the conclusion of the contract (VÕS § 231 (3¹)).
8.4 The Warranty is provided to a Warranty Holder who is a consumer in writing or on another durable medium no later than upon delivery of the product (VÕS § 231 (2)).
9. DISPUTE RESOLUTION
9.1 Disputes arising from this Warranty are resolved as follows: [Dispute resolution]. The Consumer Disputes Committee resolves only disputes between a consumer and a trader.
9.2 The Warranty is governed by the law of [Governing law].
10. FINAL PROVISIONS
10.1 The Warrantor does not amend the terms of the Warranty to the detriment of the Warranty Holder. Amendments in favour of the Warranty Holder are made in writing or in a format which can be reproduced in writing.
10.2 If any provision of the Warranty is or becomes invalid, this does not affect the validity of the remaining provisions.
LEGAL BASIS
This product warranty is governed by § 230 (warranty) and § 231 (specifications of the warranty in consumer sales, if the Warranty Holder is a consumer) of the Law of Obligations Act. The Warranty does not exclude or restrict the Warranty Holder's statutory legal remedies in the event of non-conformity with the terms of the contract (VÕS § 217 et seq.).