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TERMS AND CONDITIONS

  1. Content and validity period of guarantee
    1. Grader Service Inc gives a 12 (twelve) month contractor’s guarantee for hopped-up trucks, off-road vehicles, earthwork machines and mechanisms (hereafter vehicles) since assigning vehicles, details, peripheral equipment or works to a client.
    2. Grader Service Inc gives a selling guarantee to installed peripheral equipment in accordance with instructions and guarantee conditions of manufacturers since assigning vehicles, details, peripheral equipment or works to a client.
    3. The selling guarantee comprises new peripheral equipment for vehicles, which is sold to a client by Grader Service Inc. Selling guarantee does not comprise new or used peripheral equipment, which is brought by a client for mounting.
    4. The contractor’s guarantee comprises services of hopped-up vehicles and mounting new details for vehicles.
    5. Grader Service Inc gives a guarantee to the owners or users of a vehicle, that in case of occouring drawbacks on performed hopped-up services, peripheral equipment and details or their mounting, which is conditioned by below standard of mounting, manufacturing or substance, the mentioned drawback will be eliminated free of charge by Grader Service Inc during the guarantee period in accordance with herein guarantee conditions.
    6. In accordance with Law of Obligations Act § 231 subsection 4-2, in case of occurring drawbacks, which are comprised by selling guarantee or contractor’s guarantee and drawback will be eliminated in order to guarantee, the guarantee period is not extended, but guarantee for eliminating drawbacks is valid until the end of general guarantee period according to herein conditions.
    7. The guarantee will end, if the insurance institution in consequence of vehicles detriment has compensated the vehicles market price.
    8. Guarantee will end, if hop-up works are modified or overhauled (thereat dismounted temporarily), without express written consent of the guarantee giver (Grader Service Inc).
    9. Grader Service Inc owns the right to extend validity period of guarantee unilaterally in exceptional cases.
  2. Terms and Conditions of the Guarantee
    Guarantee is valid in the following circumstances:

    1. A client has submitted or fulfilled and signed certificate of guarantee or selling document of Grader Service Inc or a manufacturer.
    2. A vehicle is not dilapidated, misused; modified or overhauled (thereat dismounted) and hopped-up works are not performed by legal persons or physical persons without authorization by Grader Service Inc.
    3. Vehicles maximum allowed mass is not surpassed in the maintenance process, also maximum load mounted to the elevating gears is not surpassed.
    4. Vehicle, peripheral equipment and hopped-up works are modified and overhauled by Grader Service Inc or a company, which is authorized by AS Grader Service Inc.
    5. Equipment is being used and overhauled in accordance with operating instructions of a manufacturer and instructions of Grader Service Inc.
    6. A client does not have material or financial debts due to Grader Service Inc.
  3. What does the Guarantee cover.
    The selling guarantee covers the following faults:

    1. Factory defects of new details and equipment caused by the manufacturer.
    2. Faults in a material, from which the mounted details and equipment have been made.
    3. Drawbacks, which are ensued relating to the incorrect and inadequate mounting of details and equipment by the guarantee giver.
  4. What the Guarantee does not cover.
    1. The common items of expenditure (V-belts, lightbulbs, filters, oils, fluids, electrical fuses, regulation works, repair and maintenance works etc). Replacing the common ablative materials like oil, fluids, filters etc appertains to normal repair and maintenace costs and replacement of these is not covered by guarantee.
    2. Drawbacks, which are conditioned by normal dilapidation.
    3. Drawbacks, which are conditioned by mounting details for what the Grader Service Inc hasn’t given an approval.
    4. Drawbacks, which are ensued relating to hopped-up and overhauled works (thereat dismounting) or installed peripheral equipment performed by legal or physical persons without specific authorization by Grader Service Inc.
    5. Drawbacks, which are conditioned by installation or dismantling details or products by a client.
    6. Drawbacks, which are conditioned by random defects, accidents and other mechanical activities.
    7. Drawbacks, which are conditioned by factory defaults and quality of material and other drawbacks conditioned by these beforementioned drawbacks, which are brought to a client’s notice and asked him/her to come to Grader Service Inc during a certain period of time, but a client failures to appear for eliminating drawbacks in a certain period of time nor notifies about the impossibility of showing up and hasn’t made a new appoitment for eliminating drawbacks.
    8. Drawbacks, which are conditioned by non-expediential using.
    9. Drawbacks, which are conditioned by defective overhaul and non-compliance with the operating instruction.
    10. Drawbacks, which are related to details or products, which have been in use before selling to a client.
    11. The contract’s guarantee does not expand on services, which are related to circumstances like: a client orders a partial service intsead of intact service.
    12. If the manufacturer of details prescribes in it’s guarantee conditions other circumstances, in case of the selling guarantee is invalid, the last-mentioned circumstances extend on current guarantee (for example: the selling guarantee is invalid, when drawback has evovled in consequence of washing electrical device using pressure rinser).
    13. In case of a guarantee event, the guarantee does not cover a client’s travel expenses, towing expenses, accommodation expenses, outgoings and loss of profit, which are conditioned by standstill or overhaul of a vehicle and other expenses, which are casused by a guarantee event.
  5. Guarantee’s cover.
    1. In case of occurring drawbacks, which are caused by faultiness in manufacturing or material during the guarantee period, necessary repair works are performed by Grader Service Inc.
    2. If there occures a defect in some detail because of drawback, which is caused by manufacturing or low quality of material during the guarantee period, the detail will be repaired or replaced by Grader Service Inc (required interest belongs entirely to Grader Service Inc).
    3. By way of exception (for example if a vehicle is immobilized because of drawback and is not located in Tallinn) the elimination of drawbacks may performed by a company, which is authorized by Grader Inc, if there’s a special agreement and a written order is reported before feasible works.
  6. Transfer of the guarantee.
    1. If the right of ownership transfers to the new owners, it’s mandatory to send to Grader Service Inc the acknowledgement or the document of evidence of title to ensure the validity of the guarantee.
  7. Opearating in case of occurring drawbacks.
    1. A client must notify the Grader Service Inc about potential drawback using the following contact information:
      Grader Service Inc
      Hoiu 6
      Laagri 
      76401 Harjumaa 
      ESTONIA
      Tel. +372 6796774
      Fax. +372 6797046

      E-mail: grader@grader.ee
    2. A client has notified the Grader Service Inc about drawbacks, if a written claim is submitted, including following data:
      1. A written explanation about circumstances, when the drawbacks were discovered, how the drawbacks occur and what may have caused the drawbacks.
      2. Name and contact information about the person, who can give us an extra information.
      3. If necessary, Grader Service Inc has the right to demand for submitting additional information.
    3. A witten claim must be submitted within a reasonable time, but as soon as possible after detecting or occurring the drawback or when the drawback must have been detected. A written claim may be submitted in maximum 10-day period of time since detecting or occurring the drawback or when it must have been detected.
    4. In case of occurring a drawback, the client must always avoid causing additional damage.
    5. In case of occurring a drawback, a client has the right to demand disposing from the guarantee giver within a reasonable time since submitting a claim to Grader Service Inc.
    6. Elimination of drawback is performed on address, noted in clause 7.1., or in other place, which is designated by Grader Service Inc, to where a client undertakes to conduct a vehicle or mechanism on his/her own account within a 10 day period or agreed period of time since notifying about a drawback.
    7. Elimination of drawbacks is performed in accordance with procedure of solving claims, which is confirmed by Grader Service Inc.
    8. If a client contests a decision of eliminating drawbacks on vehicles hopped-up by Grader Service Inc, it’s allowed to engage impartial expertice. If impartial expertise does not disconfirm the decision made by Grader Service Inc, a client undertakes to pay the costs of expert analysis.
    9. Grader Service Inc does not compensate without previous written agreement the invoices outstanded by other companies, alleged as invoices of Grader Service Inc’ guarantee events.