Unit Warranty Terms and Conditions for the Sunswap Endurance Series Unit
Sunswap has entered into a contract to supply Units to the Customer in accordance with the Terms and Conditions for the Supply of Units to the Quotation (the “Contract”) entered into between Sunswap and the Customer.
Sunswap offers a limited warranty for any Unit that requires replacement or repair due to a manufacturing defect as set out in these Unit Warranty Terms and Conditions (the “Unit Warranty”).
This Unit Warranty applies to Contracts for Units with a Delivery Date in the calendar year 2024.
Definitions and interpretations
Unless this Unit Warranty otherwise specifies, any capitalised expression used in this Unit Warranty shall have the meaning attributed to it in the Contract.
To the extent that the provisions of this Unit Warranty are inconsistent or conflict with any provisions in the Contract, the provisions of this Unit Warranty shall prevail to the extent necessary to resolve the inconsistency or conflict.
Your rights under this Unit Warranty
1. Sunswap warrants to the Customer (or “you”, or “your”) that the Unit will be free from defects in materials, design and workmanship for a period of twenty-four (24) months from the date that the Unit first entered service with the End User or thirty (30) months from the Delivery Date to you, whichever is the earlier (the “Unit Warranty Period”).
2. Subject to paragraphs 3 to 14 (inclusive), if the Unit fails to conform to the Unit Warranty during the Unit Warranty Period, Sunswap shall, at its sole discretion, and, subject to paragraphs 6 to 8 (inclusive), without charge to you for parts and labour:
a) within a reasonable time and during normal working hours, repair or replace the Unit (or the relevant defective part or component); or
b) refund the price of the defective Unit paid by you in full.
Telling us about your claim
- In order to bring a claim under this Unit Warranty, you must tell Sunswap during the Unit Warranty Period that the Unit does not comply with this Unit Warranty by giving Sunswap written notice using the form set out in Annex A, providing full details of the alleged defect, serial number (where relevant), and an image illustrating the defect (where relevant).
Conditions you must meet to bring a claim
- In order to bring a claim under this Unit Warranty, you must:
a) give Sunswap a reasonable opportunity to examine and/or inspect the Unit;
b) allow Sunswap to collect the Unit from you, or (if asked to do so by Sunswap) return the Unit to Sunswap at Unit 9, Mole Business Park, Randalls Road, Leatherhead, KT22 7BA. If you are asked to return the Unit to Sunswap you shall do so at your cost. If having carried out an examination or inspection, Sunswap accepts that (in its sole discretion) the Unit is defective then Sunswap shall reimburse you in respect of your reasonably incurred costs of returning the Unit to Sunswap;
c) provide proof of the date that the Unit entered service; and
d) if requested by Sunswap, provide:
i. maintenance records to show that the Unit has been properly maintained; and/or
ii. operational records to show that the Unit has been used and operated in accordance with the Contract.
Sunswap’s right to reject your claim
- If, as a result of carrying out an examination or inspection of the Unit, Sunswap finds that the Unit is not defective, that the fault is not due to a defect in materials, design or workmanship, or that the defect has arisen due to those events set out in paragraphs 6 or relates to the parts, components or other items set out in paragraph 7, then:
a) Sunswap shall have no obligations to you under this Unit Warranty;
b) Sunswap shall return the Unit to you;
c) Sunswap shall write to you outlining the reason why your claim has been rejected; and
d) Sunswap may charge you and you shall pay to Sunswap within thirty (30) days from the date of our invoice a reasonable sum in respect of such examination, inspection, and/or return.
Exclusions from this Unit Warranty
- Sunswap shall not be liable for the Unit’s failure to comply with this Unit Warranty if:
a) the Unit has been used otherwise than in accordance with the Operating Instructions, or any standards or guidelines issued by the relevant manufacturer.
b) the defect in the Unit has arisen as a result of a failure by you to replace any part or component, as required by Sunswap, the Operating Instructions, or any relevant manufacturer.
c) the Unit has been altered or repaired in any way that has not been approved by Sunswap, the Operating Instructions, or any relevant manufacturer, or any such alteration or repair has been attempted;
d) any instructions from Sunswap or any relevant manufacturer (written or otherwise) as to the storage or maintenance of the Unit have not been followed;
e) you have failed to notify Sunswap of any problem or suspected problem in accordance with paragraph 3;f) you have failed to meet any of the conditions set out in paragraph 4;
g) the defect has arisen as a result of fair wear and tear, wilful damage, negligence, misuse, or abnormal storage or working conditions;
h) the Unit has been used after giving notice to Sunswap in accordance with paragraph 3;
i) the defect was caused by outside influences, including fire, chemical, animal or vegetation damage, lightning, fluctuations in or interruption to electric power, or flood;
j) the Unit has been disposed of prior to examination or inspection by Sunswap;
k) the defect arises because you failed to use the Units in accordance with the Delivery Route Details (if applicable); or
l) the defect arises as a result of Sunswap following any drawing, design or trailer specification supplied by you.
7. This Unit Warranty does not cover:
a) parts, components or other items replaced in the performance of normal scheduled maintenance of the Unit. Scheduled maintenance items include (but are not limited to) grease and lubricants, filters and filter elements, cleaning materials, fuses, light bulbs, refrigerant gases, and dryers;
b) subject to paragraph 4 b., the costs of transporting or relocating:
i. the Unit;
ii. parts, components or other items;
as may be required to perform this Unit Warranty; or
c) call-out charges, overtime, mileage, telephone calls (or other correspondence), or other expenses.
- Repairs carried out under this Unit Warranty must be carried out by Sunswap or its authorised service partners. The cost of any repair carried out by any other party will not be reimbursed unless preauthorised by Sunswap in writing. In the event of an unauthorised repair failing, Sunswap shall not be liable for the cost of rectification or any damage caused by such unauthorised repair.
Repaired or replaced Units
- Any Units, parts, components or other items which have been replaced under this Unit Warranty will belong to Sunswap.
- Sunswap may, at its sole discretion, repair or replace the Unit, or any parts, components or other items, with new or remanufactured Units, parts, components or other items.
- The terms of the Contract shall apply to any repaired or replaced Units supplied by Sunswap.
Limitations to this Unit Warranty
- This Unit Warranty is subject to the limitations of liability set out in clause 10 of the Contract.
- Except as provided in the terms of this Unit Warranty, Sunswap shall have no liability to you in respect of the Unit’s failure to comply with this Unit Warranty.
- Subject to clause 3.1 of the Contract, once Sunswap has complied with the terms of this Unit Warranty, it shall have no further liability to you for the Unit’s failure to comply with this Unit Warranty.
Transfer of this Unit Warranty
- This Unit Warranty may only be transferred by you, the original purchaser of the Unit, to the End User in accordance with clause 16.1.3 of the Contract but not thereafter (by you or by the End User) to any subsequent owners of the Unit. The Unit Warranty Period will end at the time of transfer of the Unit to any such subsequent owner.
Governing law and Jurisdiction
- The formation, construction, performance, validity and all aspects of this Unit Warranty shall be governed by and construed in accordance with the law of English and Wales.
- Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any Dispute arising under or in connection with this Unit Warranty.