Terms & Conditions for Tools & Equipment Warranty

Introduction

Volkswagen Group UK Ltd (“VWG”) offers a limited two (2) year warranty for tools and equipment manufactured by us or on our behalf and other tools and equipment approved and sold by us from time to time (including any of them or any part of them) through a Volkswagen Group Trade Parts Specialist (TPS) Centre (whether in store or online) as set out at https://tps.trade/info/tooling (“Tools and Equipment”) which require replacement or repair due to a material defect in design, materials or workmanship.

Further warranty terms and conditions can be found in Condition 9 of the Terms and Conditions of Sale at https://tps.trade/terms-and-conditions/GPAS (the “Conditions”). If there is any conflict or ambiguity between these Warranty Terms and Conditions and the Conditions, a term contained in these Warranty Terms and Conditions shall have priority over one contained in the Conditions.

Genuine parts, accessories and consumables for motor vehicles manufactured and sold under the Volkswagen passenger cars, Volkswagen commercial vehicles, SEAT, CUPRA, ŠKODA and Audi brands that are manufactured by us or on our behalf and such other accessories and consumables approved and sold by us from time to time (including any of them or any part of them) are covered by the Terms and Conditions for Warranty (Parts) at https://tps.trade/terms-and-conditions/GPAW and are not subject to these Warranty Terms and Conditions.

Your rights under this Warranty

1. VWG warrants to the person(s) who originally purchased the Tools and Equipment from VWG (“you”/”your”) that the Tools and Equipment will be free from material defects in design, materials and workmanship for a period of two (2) years from the date of invoice following purchase from VWG (“Warranty Period”). This warranty is referred to as the “Warranty” in these Warranty Terms and Conditions. This Warranty only applies where you purchase the Tools and Equipment in the course of your business and not as a consumer.

2. Subject to paragraphs 4 to 14 (inclusive) below, if the Tools and Equipment fail to conform to the Warranty during the Warranty Period, VWG shall, at its sole discretion:

a. repair or replace the defective Tools and Equipment; or

b. refund the price of the defective Tools and Equipment paid by you in full.

Any replacement for the defective Tools and Equipment will be invoiced and only credited once VWG has confirmed to its satisfaction that a defect exists.

3. You agree and acknowledge that the turnaround time for processing claims under this Warranty relies significantly on VWG’s third party suppliers. Often the time taken to repair Tools and Equipment can be as long as six (6) to eight (8) weeks. VWG will use reasonable endeavours to process claims made under this Warranty in accordance with this indicative timeframe, but any dates given to you for processing such claims are approximate only.

Telling us about your claim

4. Unless your claim relates to diagnostic equipment (see paragraph 5 below), in order to bring a claim under this Warranty you must tell VWG during the Warranty Period that the Tools and Equipment do not comply with this Warranty by notifying the Volkswagen Group Trade Parts Specialist (TPS) Centre from which the Tools and Equipment were supplied within fourteen (14) days of the date on which the defect arose, providing full details of the alleged defect, serial number (where relevant), and an image illustrating the defect (where relevant).

5. If your claim relates to diagnostic equipment, such as laptops and touch screen units (including VAS 6154 units), in order to bring a claim under this Warranty you must tell VWG during the Warranty Period that the Tools and Equipment do not comply with this Warranty by contacting the Service Desk on 0800 0468179 within fourteen (14) days of the date on which the defect arose. You must have the following information ready:

a. contact telephone number that can replied upon to reach the relevant person;

b. contact name (this person should be familiar with the operation / update process for the diagnostic equipment in question);

c. customer number;

d. tester type (such as VAS6150A, VAS6150D, VAS6160); and

e. a brief description of the issue, including any error codes displayed.

Conditions you must meet to bring your claim

6. In order to bring a claim under this Warranty, you must:

a. give VWG a reasonable opportunity to examine and/or inspect the Tools and Equipment, including by providing images and/or videos of the Tools and Equipment (if asked to do so by VWG);

b. allow VWG to collect the Tools and Equipment from you, or (if asked to do so by VWG) return the Tools and Equipment to VWG through your local Volkswagen Group Trade Parts Specialist (TPS) Centre, at our cost; and

c. provide VWG with the invoice number for the Tools and Equipment.

VWG’s right to reject your claim

7. If, as a result of carrying out an examination or inspection of the Tools and Equipment, VWG finds that the Tools and Equipment is not defective, that the fault is not due to a material defect in design, materials and workmanship, or that the defect has arisen due to those events set out in paragraph 8 below, then:

a. VWG shall have no obligations to you under this Warranty;

b. VWG shall return the Tools and Equipment to you;

c. VWG shall write to you outlining the reason why your claim has been rejected; and

d. VWG may charge you and you shall pay to VWG 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 Warranty

8. VWG shall not be liable for the Tools and Equipment’s failure to comply with this Warranty if:

a. in the case of a defect that is apparent on normal visual inspection at the time of delivery, you do not notify the Volkswagen Group Trade Parts Specialist (TPS) Centre from which the Tools and Equipment were supplied of the same within forty-eight (48) hours of delivery or collection (applicable);

b. the Tools and Equipment have been used otherwise than in accordance with all VWG and/or any relevant manufacturer standards and guidelines;

c. the defect in the Tools and Equipment has arisen as a result of a failure by you to replace any part or component, as required by VWG and/or any relevant manufacturer standards and/or guidelines;

d. the Tools and Equipment have been altered or repaired in any way that has not been approved by VWG and/or any relevant manufacturer, or any such alteration or repair has been attempted;

e. any instructions from VWG and/or any relevant manufacturer (written or otherwise) as to the storage or maintenance of such Tools and Equipment have not been followed;

f. you have failed to notify us of any problem or suspected problem in accordance with paragraph 4 or 5 above (as applicable);

g. you have failed to meet any of the conditions set out in paragraph 6 above;

h. the defect has arisen as a result of fair wear and tear, wilful damage, negligence, misuse, or abnormal storage or working conditions, for example, if the Tools and Equipment have been marked by hammer blows or used with power tools;

i. the Tools and Equipment have been used after giving notice to us in accordance with paragraph 4 or 5 above (as applicable);

j. the defect was caused by outside influences, including fire, chemical, animal or vegetation damage, lightening, fluctuations in or interruption to electric power, or flood;

k. the Tools and Equipment have been disposed of prior to examination or inspection by VWG; or

l. in respect of diagnostics equipment, you have failed to update the relevant software in accordance with any standards and guidelines (written or otherwise) published or otherwise made available by VWG, any relevant manufacturer, and/or any relevant supplier.

Repaired or replaced Tools and Equipment

9. Any Tools and Equipment which have been replaced will belong to VWG. Any repaired or replacement Tools and Equipment will be liable to repair, replacement or refund for the unexpired portion of the Warranty Period from the date of invoice of the replaced Tools and Equipment under the terms of this Warranty.

10. We may, at our sole discretion, repair or replace the Tools and Equipment, or any parts, components or other items, with new or refurbished tools and equipment, parts, components or other items.

Limitations to this Warranty

11. This Warranty is subject to the limitations or liability set out in Condition 10 of the Conditions.

12.Except as provided in these Warranty and the Conditions, VWG shall have no liability to you in respect of the Tools and Equipment’s failure to comply with this Warranty.

You may not transfer this Warranty

13. This Warranty is non-transferrable from you, the original purchaser of the Tools and Equipment, to subsequent owners of the Tools and Equipment. The Warranty Period will end at the time of transfer of the Tools and Equipment to any such subsequent owner.

Governing law and Jurisdiction

14. The formation, construction, performance, validity and all aspects of this Warranty are governed by English law and the parties irrevocably agree to the exclusive jurisdiction of the English courts.