These warranty conditions apply to the warranty agreements that Carver Europe BV, Celsiusweg 26, 8912 AN Leeuwarden (hereinafter: “Carver”) concludes with its Customers for Carver vehicles as well as for separately delivered Carver accessories and/or original Carver spare parts (hereinafter together, if no distinction is made between these three categories, referred to as: “Product”).
In the context of these warranty conditions, Customer(s) who can claim the warranty
in the case of a Carver vehicle: the first registered user of the vehicle or the second or subsequent registered user(s) of the vehicle if the warranty has been transferred in accordance with these terms and conditions:
in the case of Carver spare parts and/or Carver accessories sold separately: the buyer, which must be demonstrated by means of a purchase invoice.
Under this warranty agreement, Carver vehicles are covered by a warranty period of 2 years from the date of first delivery of the Carver vehicle by the Carver dealer with a maximum of 20,000 kilometers (whichever comes first) and Carver accessories and for genuine Carver spare parts for 1 year from the date of delivery. The battery module as part of Carver vehicles has a warranty period of 3 years or 30,000 kilometers (whichever comes first) with a minimum retention of 70% battery capacity.
In the case of a Carver vehicle, the warranty can only be claimed by the user if he or she has concluded a warranty agreement and the original purchase invoice is submitted at the request of Carver or the Carver dealer. For Carver spare parts and Carver accessories, only the purchase invoice needs to be shown to Carver or the Carver dealer upon request.
Only the first owner is entitled to a warranty, unless it concerns a warranty on a Carver vehicle and that warranty (for the remaining part) has been transferred in accordance with these warranty conditions. In all other cases, the warranty is not transferable and ends with the transfer of ownership and/or right of use to a new owner/user.
The warranty period commences at the time of delivery by the Carver dealer to the Customer. Transfer of (the remainder of) the warranty is only possible to an owner who lives or is established in the country of the first registered owner/user of the Carver vehicle.
The warranty on Carver vehicles can be transferred within the warranty period, for the remaining part of the warranty period or mileage, by the first or subsequent registered owner/user to a subsequent owner/user within five working days after the transfer of the Carver vehicle to the new owner/user to have the appropriate transfer form completed via Carver’s online service portal and signed/accepted by both the user who wishes to transfer the warranty and the subsequent user to whom the warranty is transferred. Transfer of (the remainder of) the warranty is only possible to an owner who lives or is established in the country of the first registered owner/user of the Carver vehicle. The warranty expires upon transfer if the aforementioned conditions are not met. These terms and conditions apply in full to a transferred warranty, including the limitation with regard to duration and maximum mileage calculated from the date that the Carver vehicle was delivered for the first time by a Carver dealer (to the first owner/user).
ARTICLE 2. WARRANTY EXCLUSIONS
1) The Customer can only claim this warranty within the warranty period if the conditions in these Warranty Conditions are met. In addition, the warranty expires or a warranty claim is excluded if:
The defect has arisen due to a cause other than a construction, manufacturing or material defect;
The defect is (partly) caused because the Product is not in accordance with the Manual or other instructions issued by Carver or has otherwise been used improperly or carelessly or has been damaged by another external cause, outside the Product (such as but not limited to a collision, (attempted) theft, vandalism, fire, flooding, crushed stone, chemicals, corrosive maintenance and cleaning products or a traffic accident) or damage as a result of (over)loading;
The defect is the result of normal wear and tear;
The defect is (partly) caused by the fact that the Product has not been maintained sufficiently or not in accordance with Carver’s instructions;
The defect is (partly) caused by repairs being carried out improperly and not by Carver or a third party designated by Carver (usually a Carver dealer);
Non-original parts havef) The defect is (partly) caused by the use of non-original spare parts or spare parts of non-equal quality during repairs and/or maintenance; been used for repairs;
The defect has (partly) arisen because the Product has been changed by others than Carver;
h) It (partly arose) because climatic influences have occurred, such as normal weathering or discoloration of (parts of) the Product;
The Product has been used for rental purposes.
The Product has been used outside the EEA.
The following parts are in any case excluded from the warranty: tyres, lamps and wearing brake parts such as brake linings and brake discs.
ARTICLE 3. LABOR COSTS ON PARTS IN CASE OF WARRANTY
During the warranty period, the parts of which Carver has determined that there is a material and/or construction and/or manufacturing defect will be repaired or replaced by a Carver dealer at Carver’s option. In the event that a repair or replacement requires more time and/or more spare parts due to a feature that was not provided by Carver ex-factory or at initial delivery by the Carver dealer, Carver provided, Carver may charge the Customer for the related costs.
In the case of Carver spare parts and/or Carver accessories delivered separately, the Customer cannot claim (reimbursement of the costs of) assembly and/or disassembly of the spare part or accessory in question, even in the case of an honored warranty claim.
ARTICLE 4. REPORTING DEFECTS, MAKING A CLAIM UNDER THE WARRANTY
Defects and claims under this guarantee must be reported to a Carver dealer by the Customer as soon as possible, but no later than 7 calendar days after discovery of the defect. If the defect in the Product is aggravated by further use or causes (more) damage, the Customer will immediately cease that use, failing which no warranty can be claimed and the Customer is or will become liable for all defects and/or defects. or damage resulting therefrom. After notification of the warranty claim, it will be assessed by the Carver dealer on behalf of Carver and, if Carver so wishes, by Carver itself.
Carver reserves the right to determine whether the product or a part qualifies for repair or replacement. In case of replacement, the replaced part becomes the property of Carver.
Carver will acknowledge or reject the claim within a reasonable period of time and, if it is recognized as a defect that will be repaired under the warranty, will repair or replace it or have it repaired or replaced by the Carver dealer as soon as possible. During this period, unless otherwise specified for the Carver dealer, the Product must remain available to the latter without the Customer being able to claim replacement transport. 4) Any costs of transporting (parts of) the Product to and from Carver will be borne by the Customer.
Any costs of transporting (parts of) the Product to and from Carver will be borne by the Customer.
ARTICLE 5. OPTIONAL WARRANTY (EXTENSION)
If Carver offers (certain) Customers the option of purchasing a Carver vehicle with an extended warranty against payment of a fee and the Customer makes use of this, these warranty conditions also apply to that (extended) warranty, as well as the applicable special conditions such as stated on the guarantee certificate of the extended guarantee. The size and scope of the (additional) warranty is (also) determined by what is stipulated in the warranty certificate of the warranty (extension).
ARTICLE 6 NO LEGAL GUARANTEE
1) These guarantee conditions are without prejudice to the appeal that a consumer, a natural person who is not acting in the exercise of a profession or business, can make on the provisions of Article 7:17 et seq. of the Dutch Civil Code.
ARTICLE 7. LIABILITY
In the event that Carver and/or a Carver dealer honors a warranty claim, this does not mean that Carver and/or the Carver dealer acknowledges that there is an entitled warranty claim and/or that Carver accepts any liability for any damage suffered.
Carver has no obligations under these warranty conditions other than those mentioned above and Carver’s liability never extends beyond what is described in these warranty conditions and/or the applicable general terms and conditions of Carver. Carver is not liable for any damage (including consequential damage or damage suffered by the Customer as a result of the inability to use a Carver vehicle) that the Customer suffers or has suffered, except for repair or replacement of parts that are eligible under this warranty. , unless there is intent or deliberate recklessness on the part of Carver or Carver is liable on the basis of mandatory legal provisions, in which case the liability is limited to the liability that directly ensues therefrom.
ARTICLE 8. OTHER
Dutch law applies exclusively to any agreement between Carver and a Customer. The United Nations Convention on Contracts for the International Sale of Goods (the “Vienna Sales Convention”) does not apply.
If there is a dispute between Carver and a Customer, Carver will attempt to resolve this satisfactorily in consultation. If this fails, the competent court in Amsterdam is authorized to take cognizance of the dispute, unless a consumer makes it known within one month after Carver has invoked this clause that it wishes to be settled by a court that has jurisdiction under the law. to elect.
These warranty conditions are valid from 1 August 2018.