General Terms & Conditions for Service and Repairs
1. Scope
These General Terms and Conditions apply to all orders for the execution of services and repairs and all associated preliminary work (checking, compilation of quotations and the like) placed with Festool USA, LLC (hereinafter referred to as “Festool”).
2. Definitions
“Customer” - shall mean and include consumers and trades users who place an order for service and repair subject to these General Terms and Conditions. The statutory rights of consumers under these General Terms and Condition are not affected;
“General Terms and Conditions” - shall mean these terms and conditions in the form published by Festool at the time an order is placed by the customer;
“SERVICE all-inclusive Conditions” - shall mean the Terms and Conditions published by Festool USA, LLC. In the event of any discrepancy between these General Terms and Conditions and the SERVICE all-inclusive Conditions, these General Terms and Conditions shall prevail; and
“Service and Repair” - shall mean the carrying out of regular servicing or routine maintenance and/or repairs and/or the supply of new parts for equipment.
Festool specifically excludes all other terms and conditions of business of customers who seek service and repairs. No variation to these General Terms and Conditions shall be accepted unless agreed in writing by an authorized signatory of Festool.
3. Offers on our Website
i) Any offer on Festool’s website www.festoolusa.com does not amount to an offer to enter into a binding agreement with a customer but is an invitation only to the customer to place an order for service and repair with Festool.
ii) By placing an order for service and repair with Festool the customer is making an offer to Festool to enter into a contract for service and repair of the equipment belonging to the customer.
iii) Customers who wish to have equipment serviced and repaired must place an order for service and repair via the online portal “myfestool” on www.festoolusa.com. Festool will confirm acceptance of the customers’ offer at which point an agreement will come into place. Confirmation of receipt only of the customer’s order does not conclude a binding agreement.
4. Price
i) The prices for service and repairs depend on the scope of work required. Hourly rates for repair services and prices for spare parts can be made available upon request.
ii) Customers may request an estimate prior to the start of the service and repairs, which estimate, shall remain valid for acceptance in writing or electronically for four weeks via “my Festool”. However, the estimate is an indication only and Festool reserves the right to make a charge for the full costs incurred.
iii) All service and repair carried out under the SERVICE all-inclusive warranty will be carried out free of charge for a customer. In such case, Festool will also pay the costs for shipping. In all other cases, Festool will charge a flat rate, based on the tool, for inbound & outbound shipping.
v) All communications concerning estimates quotations and acceptances of estimates and quotations may be carried out by the customer electronically through the portal “myfestool” on www.festoolusa.com, alternatively the customer may elect to deal with Festool by post from an address specified by the customer.
vi) A quotation by Festool is valid for 30 days and Festool reserves the right to re-quote for any service and repair work if a quotation is not accepted within 30 days of the date of the quotation. Festool reserves the right to return the product to the customer, un-repaired and un-assembled if the quotation is not responded to within 30 days.
vii) Where equipment submitted to Festool for service and/or repair cannot be economically repaired the customer can elect to instruct Festool in writing (or electronically) to dispose of it in the correct manner and without charge. If the customer wishes to have the tool returned to them unrepaired, the tool will be unassembled, and the customer will be responsible for return shipping.
5. Return and Acceptance of Repaired Machine and Payment Conditions
i) All equipment will be returned to a customer by standard carrier service to the address notified by the customer to Festool.
ii) All service and repair work carried out by Festool to the customer’s equipment will be deemed accepted by the customer seven days from the date of delivery of it to the customer. Delivery shall be deemed by date carrier provides as delivered to destination provided by customer.
iii) For all service and repair work carried out under these General Terms and Conditions (excluding SERVICE all-inclusive) Festool reserves the right to require payment in advance before carrying out any service and repair to any equipment of the customer.
6. Warranties
i) All service and repair work on the customer’s equipment will be carried out with reasonable skill and care. In the unlikely event that the customer is not satisfied then the customer shall return the equipment post prepaid to Festool immediately with full written details of the customer’s dissatisfaction with the service and repair work in which case Festool, at its sole discretion, may reimburse to the customer all or part of the cost of the service and repair. In any event the liability of Festool shall not exceed the total value of the cost of service and repair by Festool.
ii) All other claims for damages, costs and expenses of whatsoever and howsoever incurred are hereby excluded by Festool.
iii) FESTOOL SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES REGARDLESS OF THE THEORY OF LAW ON WHICH THE CLAIM IS BASED.
iv) These General Terms and Conditions shall be governed by the laws of the State of Indiana.
v) Festool shall not be liable for any failure or delay in performance of their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party.
7. Privacy Policy: