SERVICE WARRANTY AGREEMENT
This service 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 Service: [Name/description of the service].
2.2 Date of provision/completion of the service: [Date of provision/completion of the service]. Reference to the original contract/order: [Reference to the original contract/order].
2.3 By the Warranty, the Warrantor undertakes that the result of the service specified in clause 2.1 conforms to the terms of the original contract during the warranty period to the extent provided in this Warranty.
3. WARRANTY PERIOD
3.1 Warranty period: [Warranty period] ([Warranty period (custom)]), from the date referred to in clause 2.2.
3.2 The warranty period is suspended for the time during which the Warranty Holder cannot use the result of the service due to a defect covered by the warranty.
3.3 In respect of work repaired or redone 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.
5. EXCLUSIONS
5.1 The Warranty does not cover: [The warranty does not cover (exclusions)].
5.2 The Warrantor is not liable for a defect resulting from the Warranty Holder's instructions, defects in material procured by the Warranty Holder or preliminary work by a third party if the Warrantor inspected the instructions, material or preliminary work sufficiently (in the case of a contract for work, Law of Obligations Act (VÕS) § 641 (3)).
5.3 The exclusions referred to in clauses 5.1–5.2 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 The Warrantor bears the costs related to resolving a warranty case, in particular transport, labour, travel and material costs.
6.3 If the Warrantor is obliged to remedy a defect and does not do so within a reasonable time after receiving the warranty claim, the Warranty Holder may remedy the defect itself or have it remedied and claim from the Warrantor compensation for reasonable expenses incurred for that purpose (in the case of a contract for work, VÕS § 646 (5)).
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 Warranty Holder gives notice of a defect within a reasonable time after discovering it and allows the Warrantor access to the result of the service in order to inspect and remedy the defect.
7.4 The procedure for submitting a warranty claim must not be unreasonably burdensome for the Warranty Holder (in the case of a contractor's warranty, VÕS § 650 (1) and § 230 (4)).
8. STATUTORY RIGHTS
8.1 This Warranty supplements, and does not exclude or restrict, the statutory legal remedies for remedying defects under the original contract (contract for work or authorisation agreement). The Warranty Holder has the right to choose whether to use this Warranty or the legal remedies arising from the law/the original contract.
8.2 In the case of a contract for work, the contractor is liable by law for any non-conformity of the work with the terms of the contract (VÕS § 642) and the customer may demand repair of the work or performance of new work (VÕS § 646). In the case of a consumer contract for work, the contractor is liable for any non-conformity which becomes evident within two years from the delivery of the work to the consumer (VÕS § 642 (2)).
8.3 If the Warranty Holder is a consumer, this Warranty does not affect the consumer's right to use the statutory legal remedies free of charge.
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 service warranty supplements the provisions of the Law of Obligations Act governing contracts for work (VÕS § 635 et seq.) or authorisation agreements (VÕS § 619 et seq.) and does not exclude or restrict the Warranty Holder's rights arising from them, including the legal remedies available in the event of non-conformity of the work with the terms of the contract (VÕS §§ 641–651). In the case of a result-oriented service (contract for work), this is a contractor's warranty, which is presumed to cover all non-conformities of the work with the terms of the contract that become evident during its period of validity, and to which the provisions of VÕS §§ 230 and 231 apply accordingly (VÕS § 650 (1)). In the case of a service under an authorisation agreement, the Warranty is a contractual promise to which the provisions of the general part of the Law of Obligations Act apply.