1. Guarantee/responsibility

1.1         

The guarantee includes only products proved to be considerably defective due to a defective production or due to the use of faulty materials delivered by Wheel Restore ApS. The guarantee applies solely in case the goods have been properly stored and properly used by the Buyer for usual purposes according to the specifications and/or instructions of Wheel Restore ApS. Wheel Restore ApS is not responsible for defects due to insufficient maintenance, improper mounting carried out by the Buyer, changes made by the Buyer without the written consent of Wheel Restore ApS, or repairs carried out imperfectly by the Buyer or a third party.
 
1.2         

If the product is held to be considerably defective Wheel Restore ApS shall at its own option be obliged and entitled to rectify the defect, make replacement delivery, allow a proportional reduction in the price, or pay damages. Transport, insurance, travelling, mounting and other expenses connected with the remedy or replacement of the product are to be paid by the Buyer. The liability of Wheel Restore ApS to pay damages is maximized to the invoice price of the defective product and Wheel Restore ApS may under no circumstances be made liable to pay damages for indirect loss such as compensation for loss of use and loss of profits.
 
1.3        

The guarantee does not comprise normal wear and tear and deterioration.
 
1.4         

Wheel Restore ApS shall not be liable for defective materials or semi-products supplied by the Buyer or materials prescribed by the Buyer which are unfit for the purpose.
 
1.5         

The liability and guarantee period terminates at 12 months from the date of sale.

2. Force majeure

2.1         

Wheel Restore ApS shall not be liable to pay damages for not having fulfilled its obligation if Wheel Restore ApS can prove that this is due to a hindrance beyond the company's control such as, but not limited to war, acts of war, fire, strike, lock-out, export and import prohibitions, embargo, delayed or insufficient delivery of materials from sub-suppliers, production stoppage or lack of energy or transport possibilities. 
 
2.2         

In such cases Wheel Restore ApS shall be entitled to extend the time of delivery accordingly or to cancel the agreement. As soon as the hindrance has ceased to exist each of the parties shall fulfil their obligations pursuant to the agreement unless Wheel Restore ApS has previously cancelled the agreement. A hindrance lasting more than 3 months shall entitle each party to cancel the agreement. 

3. Product liability

3.1      

The rules and provisions pursuant to the Danish Act of Product Liability shall apply at any time. Wheel Restore ApS cannot be charged with liability exceeding that imposed by the indispensable legislation. Wheel Restore ApS shall not be liable for any trading loss, loss of profits, or any other indirect loss unless so ordered by the indispensable legislation. The liability of Wheel Restore ApS to pay damages for product liability is maximized to an amount of € 1000
 
3.2      

In case Wheel Restore ApS is held liable beyond the liability stated above the Buyer shall be liable to indemnify Wheel Restore ApS accordingly. The Buyer shall be obliged to let himself sue before the same court/arbitration tribunal as the one that hears the case of Wheel Restore ApS’ product liability.