Forss OÜ Warranty Terms for Goods and Services
1. In the case of consumer sales, we are liable for the non-conformity of the sold goods for a period of two (2) years from the date the goods are delivered to the consumer.
Pursuant to § 218 (2) of the Estonian Law of Obligations Act, it is presumed that any non-conformity which becomes apparent within six (6) months from the date of delivery already existed at the time of delivery (i.e. the product was defective at the time of purchase, and the possible costs of proof, primarily expert assessment, are borne by us). For the remaining eighteen (18) months, it is presumed that the non-conformity arose during use and the burden of proof lies with the buyer.
2. In relations with contractual customers who purchase goods from us in the course of their professional or economic activity, we apply the above consumer sale warranty provisions, as we presume that the end user is a consumer within the meaning of the Law of Obligations Act.
3. In the case of consumer contracts for services (vehicle repair services), we are liable for non-conformity of the work with the contractual terms if it becomes apparent within two (2) years from the date the work is delivered to the consumer. In the case of consumer service contracts, it is presumed that any non-conformity which becomes apparent within six (6) months from the date of delivery of the work already existed at the time of delivery, unless such a presumption is incompatible with the nature of the work or the defect.
4. If the products sold by Forss are marked with a warranty period of 6 months, we do not provide a more favorable warranty than that prescribed by law for such products; the right to submit claims is two (2) years, and our burden of proof applies for six (6) months. If some products are marked with a warranty period of one (1) year or more, our burden of proof is extended accordingly until the end of the stated warranty period. A manufacturer’s extended warranty does not apply to spare parts that are installed on vehicles used in motorsport or certain economic activities (primarily taxis, driving school vehicles, and rental cars).
5. The product warranty primarily covers manufacturing and material defects revealed in the product.
The warranty does not cover defects caused by:
• normal wear and tear;
• insufficient maintenance;
• improper installation;
• improper use;
• defects caused by other external factors.
6. In the event of non-conformity of a service with the contract, the work generally does not have the quality typical of such work that the customer could reasonably expect, taking into account the nature of the work and established practice. Forss shall not be liable for non-conformity of the work with the contractual terms if it resulted from the customer’s instructions, defects in materials supplied by the customer, or preliminary work performed by a third party.
7. The basis for submitting a claim is a document proving the purchase. In addition to an invoice, a bank card payment statement is also accepted.
8. To submit a claim, a written application must be prepared, which may be sent by post to Forss service locations, by e-mail to info@forss.ee, or submitted at the service location where the goods or services were sold. For products, a warranty claim may also be submitted orally to a customer service representative, who will complete the corresponding warranty report based on the information provided by the customer; one copy of the report will remain with the customer. Wholesale customers that are legal entities must properly complete the relevant claim form developed by us in warranty cases. The initial estimated processing time for a claim is 14 working days (during this period the customer will be contacted).
9. A warranty case involving an original spare part must be coordinated with us before the part is removed. Warranty processing of original electrical components dismantled from a vehicle can only be carried out on the basis of a diagnostic report issued by an authorized vehicle dealership.
10. In the case of defective goods, the consumer has the right to demand, in the first instance, free repair of the goods or replacement with new goods, as well as to demand a reduction of the purchase price. The consumer has the right to withdraw from the contract if Forss has committed a material breach of the sales contract, including in cases where:
• the seller is unable to repair or replace the goods;
• the repair is unsuccessful;
• the seller has not remedied the defect within a reasonable time;
• unreasonable inconvenience has been caused to the consumer by the repair or replacement.
11. If the performed work (vehicle repair service) does not comply with the contractual terms, the customer may require the contractor to repair the work or perform the work again, provided that this does not cause the contractor unreasonable costs or unjustified inconvenience, taking into account, inter alia, the value of the item and the significance of the non-conformity.
12. If the consumer does not agree with the solution proposed by us and a dispute remains, the consumer may turn to the Consumer Disputes Committee of the Estonian Consumer Protection and Technical Regulatory Authority (further information is available on the website www.tarbijakaitseamet.ee/et/tarbijavaidluste-komisjon or by calling the advisory phone number 6201 707 on working days from 10:00 to 15:00).