When can you exercise your right to a warranty claim?
In the event of a defective performance of New York Dental, you may enforce a civil warranty claim against New York Dental under the terms of the Civil Code.
What rights do you have under your warranty claim?
You have the option to enforce the following warranty claims:
1. You may request a repair or replacement unless it is impossible to meet the claim that you have selected or for New York Dental to incur a disproportionate additional cost to meet your other claim. If you did not request or may have not requested a repair or replacement, you may request a pro-rata reduction of the Consideration, or you may repair or have the defect repaired at New York Dental's expense, or you may terminate the contract at last.
2. You may switch from one warranty right to another, however you will bear the cost of the switch unless it was reasonable or New York Dental provided the reason.
What is the deadline for enforcing your warranty claim?
You are required to report the defect immediately after discovering the defect, but no later than two months after the discovery of the defect. However, please note that you will no longer be able to enforce your warranty rights beyond the two-year limitation period from the conclusion of present contract.
Who can you enforce your warranty claim with?
You can enforce your warranty claim with New York Dental.
What are the other conditions for enforcing your warranty claims?
Within six months of the date of delivery, there is no requirement other than to file a defect claim if you certify that the product was provided by New York Dental. However, after six months from the date of delivery, it is your responsibility to prove that the defect you discovered was present at the time of delivery.
2. Product Warranty
When can you exercise your right to product warranty?
In the event of a defect in a tangible product, you may, at your option, assert your right as set out in Section 1 or claim product warranty.
What rights do you have under your product warranty claim?
Within the scope of product warranty, you may only request the repair or the exchange of the defective product.
When is a product considered defective?
A product is considered defective if it does not meet the quality requirements at the time it is placed on the market, or it does not comply with the quality description provided by the manufacturer.
Within what period can you exercise your rights related to product warranty?
You may exercise your rights related to product warranty within two years after the product was placed on the market. After this deadline you lose this right.
Against whom can you exercise your rights related to product warranty?
You may only exercise your rights related to product warranty against the manufacturer or the distributor of the tangible product. In case of product warranty claims, you are required to prove the defect of the product.
In what cases is the manufacturer (distributor) exempt from product warranty liability?
The manufacturer (distributor) shall only be relieved of product warranty obligation if it can prove that:
- the product was not manufactured or marketed in the course of its business, or
- when the product was placed on the market the defect could not be discovered due to the state of scientific and technical knowledge at the time, or
- the defect of the product is a result of administering any statute or official specification.
For exemption it is sufficient if the manufacturer (distributor) presents only one reason.
Please note that you may not validate material defect and product warranty claim for the same defect in parallel. However, in case your product warranty claim is successfully validated, you will be entitled to validate your product warranty claim against the manufacturer in respect of the exchanged product or the repaired part.