Brands at TPS parts - Terms & Conditions for Warranty

Introduction

Volkswagen Group UK Ltd (“VWG”) offers a limited two (2) year, unlimited mileage (subject to certain exceptions and excluded parts, as set out in paragraph 6) warranty for ‘Brands at TPS’ supplier parts (“Brands at TPS Parts”) through a Volkswagen Group Trade Parts Specialist (TPS) Centre (whether in store or online) which require replacement or repair due to a material defect in design, materials or workmanship. This warranty is referred to as the “Warranty” and only applies where you purchase the Part in the course of your business and not as a consumer.

These Warranty Terms and Conditions govern the Warranty and incorporate the Terms and Conditions of Sale at https://tps.trade/terms-and-conditions/GPAS (the “Conditions”). Notably, further warranty terms and conditions can be found in Condition 9 of 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.

Terms and Conditions.

Your rights under this Warranty

1.1 Subject to paragraphs 2 to 7, we warrant to you that each Part will be free from material defects in design, materials and workmanship during the Warranty Period (as defined below).

1.2 The “Warranty Period” for a Part shall commence on the date of invoice following purchase from us (the “Warranty Start Date”) and end on:

1.2.1 in the case of Parts that are (at our discretion) typically subject to wear and tear, or for which the lifetime is influenced by driving style or other external factors beyond our reasonable control (including the Parts listed in paragraph 1.3), the date that is the earlier of:

1.2.1.1 six (6) months from the Warranty Start Date; or

1.2.1.2 the date on which the vehicle to which the Part is fitted has travelled six thousand (6,000) miles since the fitting of the Part;

1.2.2 in the case of Parts related to the servicing of vehicles for which the relevant vehicle manufacturer has specified service intervals (including oils, fluids, lubricants, filters, spark and glow plugs), the date that is the earlier of:

1.2.2.1 the date such Part must be replaced in accordance with such service intervals specified by the vehicle manufacturer; or

1.2.2.2 two (2) years from the Warranty Start Date; or

1.2.3 in the case of all other Parts, two (2) years from the Warranty Start Date.

1.3 The Parts referred to in paragraph 1.2.1 include brake linings and disc pads, brake discs, clutch release bearings, clutch pressure plates and centre plates, tyres, wiper blades, seat and backrest covers, floor coverings, spark plugs, batteries for key fobs and alarms, light bulbs (but not xenon/gas discharge bulbs and LEDs) and shock absorbers.

1.4 We will use reasonable endeavours to process claims made under this Warranty in accordance with any timeframes given, but any dates given to you for processing such claims are approximate only.

Telling us about your claim

2.1 In order to bring a claim under this Warranty, you must notify the Volkswagen Group Trade Parts Specialist (TPS) Centre from which the Part was supplied within the Warranty Period and:

2.1.1 in the case of an alleged defect that is apparent on normal visual inspection at the time of delivery or collection, within forty-eight (48) hours of delivery or collection of the Part; or

2.1.2 in the case of any other alleged defect, within fourteen (14) days of the date on which the alleged defect arose, providing full details of the alleged defect, serial number (where relevant), invoice number and an image illustrating the alleged defect (where relevant).

2.2 For Parts with a list price of less than £250 (excluding VAT) at the date of the invoice, you must still notify us of the claim but you will not need to allow us to examine and/or inspect the Part as a prerequisite to making a claim under the Warranty. You must, however, allow us to examine, inspect or collect the Part or (if asked to do so by us) return the Part to us in accordance with Condition 3.1 after submission of your warranty claim. .

2.3 If we believe (at our discretion) that the nature and/or extent of claims made by you under the Warranty or any other warranties we have provided to you in the course of our business relationship is or are erroneous (including if any claim(s) may fall within any of the exclusions set out in paragraph 6), we may suspend the application of paragraph 2.2 for such duration as we see fit. Where this is the case, you will be required to allow us to examine and/or inspect each Part, regardless of value, as a prerequisite to making a claim under the Warranty for that Part.

Conditions you must meet to bring your claim

3.1 In order to bring a claim under this Warranty you must:

3.1.1 where applicable, allow us to examine and/or inspect the Part at a time requested by us as required to assess the alleged defect prior to us collecting, or you returning, the Part;

3.1.2 allow us to collect the Part from you at a time requested by us, or (if asked to do so by us) return the Part to us through your local Volkswagen Group Trade Parts Specialist (TPS) Centre, at our cost; and

3.1.3 complete in full all required warranty claim documentation supplied by your local Volkswagen Group Trade Parts Specialist (TPS) Centre for submission to both us and, where applicable, the supplier or manufacturer of the relevant Part.

Remedies

4.1 Where we accept a Warranty claim, we will (at our discretion) either:

4.1.1 replace the defective Part (subject to availability); or

4.1.2 issue you with a refund for the price paid by you for the defective Part.

4.2 Subject to the acceptance of a claim by us against the supplier or manufacturer of the relevant Part in respect of the relevant defect, where we accept a warranty claim in respect of a Brands at TPS Part that is a timing belt or chain, water pump, clutch, flywheel or clutch hydraulic component, labour costs may form part of your warranty claim (in addition to the applicable remedy set out in paragraph 4.1). Such labour costs will be determined by reference to the standard repair times and labour rates set by the supplier or manufacturer of the relevant Part (up to a maximum of the amount paid to us by the relevant supplier or manufacturer) and will be paid to you within thirty (30) days of the relevant supplier’s or manufacturer’s acceptance of our claim in respect of the relevant Part.

4.3 Save as set out in paragraph 4.2, we will not be liable for labour costs associated with replacing a defective Part.

4.4 Paragraphs 4.1 and 4.2 represent your sole remedy, and our sole liability (whether in contract, tort (including negligence), breach of statutory duty, or otherwise), in respect of a breach of the Warranty.

4.5 Title to any Part which has been replaced under the Warranty will pass to us on our receipt of the replaced Part.

4.6 Any replacement Part will continue to benefit from the Warranty for the unexpired portion of the Warranty Period of the Part that has been replaced.

4.7 We may, at our sole discretion, replace Parts, or any components or other items, with new or refurbished parts, components or other items.

Our right to reject your claim

5.1 If, as a result of carrying out an examination or inspection of the Part, we find that the Part is not in breach of the Warranty (for example if the Part 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 any one or more of the exclusions set out in paragraph 6 below), then we shall:

5.1.1 have no liability to you (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) under this Warranty as a result of the alleged defect;

5.1.2 return the Part to you (at your cost);

5.1.3 write to you outlining the reason why your claim has been rejected; and

5.1.4 be entitled to charge you, and you shall pay to us within thirty (30) days from the date of our invoice, our reasonable costs and expenses (including any sums charged to us by any third party such as, where applicable, the supplier or manufacturer of the relevant Part) incurred in respect of such examination, inspection, and/or return.

Exclusions from this Warranty

6.1 We shall not be liable for a Part’s failure to comply with this Warranty if:

6.1.1 you do not notify us of an alleged defect within the timescales set out in paragraph 2, or have continued to use the Part after giving notice to us in accordance with that paragraph;

6.1.2 you have failed to meet any of the conditions set out in paragraph 3;

6.1.3 the Part has been installed, fitted, connected, commissioned, stored, maintained, used, repaired, or replaced otherwise than in accordance with our and/or any relevant supplier or manufacturer’s standards and guidelines (including those available via ErWin (the Electronic Repair and Workshop Information Service from Volkswagen);

6.1.4 the defect in the Part has arisen as a result of a failure by you to replace any associated parts as required by our and/or any relevant supplier or manufacturer’s standards and guidelines;

6.1.5 the Part has been altered or repaired (or attempted to be altered or repaired) in any way that has not been approved by us and/or any relevant supplier or manufacturer;

6.1.6 the defect has arisen as a result of fair wear and tear, outside influences (including fire, chemical, animal or vegetation damage, lightning, flying gravel or flood) wilful damage, negligence, misuse (including for use in racing, competition, off-road driving or otherwise outside of our and/or any relevant supplier or manufacturer’s recommended operating parameters), abnormal storage or working conditions (including if the Part has been marked by hammer blows or used with power tools) or a fault caused by a previous repair;

6.1.7 you have failed to allow any required repairs to be carried out as soon as possible;

6.1.8 the Part is fitted and/or used in a country for which it has not been specified, or is fitted to a vehicle for which it was not specifically intended, or used in a way for which it was not specifically intended;

6.1.9 the vehicle to which the Part was fitted has not been used in accordance with the relevant owner’s manual and/or documentation;

6.1.10 in respect of batteries;

6.1.11 the battery has been fitted incorrectly, stored incorrectly, over charged, over discharged, deep cycled (where not designed to do so), or otherwise misused; and/or

6.1.12 the battery fails to satisfy VWG’s testing requirements.

Limitations to this Warranty

7.1 This Warranty is subject to the limitations on liability set out in Condition 13 of the Conditions.

7.2 Subject to Condition 13.2 of the Conditions:

7.2.1 all warranties, conditions and other terms implied by law (whether by statute, common law or otherwise) are excluded from the Contract; and

7.2.2 except as expressly provided in these Warranty Terms and Conditions, we shall have no liability to you (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) in respect of the Part.

You may not transfer this Warranty

8.1 In accordance with Condition 17.3.2 of the Conditions, you may not assign, transfer, mortgage, charge, declare a trust over or deal in any other manner with any of your rights under this Warranty.

8.2 If you sell or transfer the Part to a subsequent owner in the course of their business, the Warranty Period will end at the time of such sale or transfer . If you transfer the Part (or the vehicle to which the Part is fitted) to another person who is a consumer, the Warranty Period will continue, but you will need to bring a claim on behalf of the consumer under this Warranty. We do not allow consumers to bring claims under this Warranty.