Extended Warranty Terms of Business
The following words have the meanings given below:
‘Certificate’ has the meaning set out in Clause 1.6.
‘Extended Warranty’ means the warranty cover detailed in Clauses 2 – 4 of this document for the Product.
‘Mishap’ means a sudden and unforeseen physical act resulting in mechanical or electrical breakdown.
‘Price’ means the payment made by you to us in consideration for this Extended Warranty.
‘Product’ means the purchased product detailed in your Certificate.
‘We’/ ‘we’, ‘Our’/ ‘our’ or ‘Us’/ ‘us’ means Tronikx Co. LTD, 69-71, Bethsaida, Mdina Road, Qormi, QRM9016, Malta Europe
‘You’/ ‘you’ means the person who has purchased a Product and holds this Extended Warranty.
1.2 All cover periods quoted INCLUDE the manufacturer guarantee period.
1.3 The Extended Warranty offer is available in Tronikx Co. LTD stores in Malta. To purchase the Extended Warranty you must pay the applicable Price at the time of purchase of the Product. Subject to the terms below, the Extended Warranty cover always commences on the date of purchase of the Product. Proof of purchase of the Product and documentation including original packaging must be kept.
1.4 If you purchase the Product and Extended Warranty and pay the Price at the time of purchase of the Product at the store the dealer will complete the registration regarding the Extended Warranty on your behalf with the Product details based on proof of purchase of the Product and your details.
1.5 No claim will be accepted under this Extended Warranty unless both your Product and your Extended Warranty have been registered. Upon receipt of your completed registration regarding the Extended Warranty, and provided you have made payment of the Price, you will be provided with a document setting out details of your Extended Warranty (the “Certificate”) either in store or by email. The Certificate together with these terms and conditions will form your contract with us. You will need to refer to the details set out in the Certificate and be prepared to present proof of purchase of the Product in the event that you need to make a claim.
2. What is provided
2.1 Extended Warranty
We will bear the cost of repairs to the Product, including parts and labour charges following mechanical or electrical breakdown, from the date of purchase of the Product until (and including) the expiry date of this Extended Warranty, as mentioned in your Certificate. However, this Extended Warranty will automatically be cancelled if you submit a claim knowing it to be false, fraudulent or a misrepresentation (Clause 6.1).
2.2 We will always, subject to the full terms, conditions and exclusions of your Extended Warranty, repair the Product unless:
a) we cannot obtain the spare parts to repair it; or
b) we can replace it for less than the cost of the repair.
2.3 We will only replace the Product if we have agreed to do so before a repair is carried out. If the Product is replaced the unexpired portion of the Extended Warranty will apply to the replacement Product. You will need to register the replacement product with your Extended Warranty by contacting us using the contact details set out at Clause 11 and giving your Extended Warranty details and serial number of the new model. You will then be provided with a new Certificate in relation to the replacement Product.
2.4 If we do not repair the Product we will replace it with equipment of the same or similar specification.
2.5 For the avoidance of doubt, this Extended Warranty will not automatically terminate on you making a claim, but will remain in place for the full period set out at Clause 2.1.
3. What is not provided
3.1 This Extended Warranty does not cover:
a) periodic maintenance and repair or parts replacement due to wear and tear;
b) accessories and consumables (components that are expected to require periodic replacement during the lifetime of a product such as non-rechargeable batteries, print cartridges, styli, bulbs, etc.);
c) damage or defects caused by use, operation or treatment of the Product inconsistent with normal personal or domestic use; and
d) damage or changes to the Product as a result of:
i. misuse, including: treatment resulting in physical, cosmetic or surface damage or changes to the Product or damage to liquid crystal displays; failure to install or use the Product for its normal purpose or in accordance with our instructions on installation or use; failure to maintain the Product in accordance with our instructions on proper maintenance; installation or use of the Product in a manner inconsistent with the technical or safety laws or standards in the country where it is installed or used;
ii. virus infections or use of the Product with software not provided with the Product or incorrectly installed software;
iii. the condition of or defects in systems with which the Product is used or incorporated except other purchased products designed to be used with the Product;
iv. use of the Product with accessories, peripheral equipment and other products of a type, condition and standard other than prescribed by us;
v. repair or attempted repair by persons who are not Tronikx Co. LTD or Authorised Service Network members (“ASN members”);
vi. adjustments or adaptations without our prior written consent, including without limitation: upgrading the Product beyond specifications or features described in the instruction manual; or modifications to the Product to conform it to national or local technical or safety standards in countries other than those for which the Product was specifically designed and manufactured;
vii. neglect; and
viii. Mishap, fire, liquids, chemicals, other substances, flooding, vibrations, excessive heat, improper ventilation, power surges, excess or incorrect supply or input voltage, radiation, electrostatic discharges including lighting, other external forces and impacts.
3.2 We reserve the right to refuse to repair and/or replace the Product if you do not have your proof of purchase of the Product and the original Certificate for the Product and your Extended Warranty cannot be found in our online records.
4. Exclusions and limitations
Except as stated above, we exclude all warranties (express, implied, statutory or otherwise) regarding Product quality, performance, accuracy, reliability, fitness for a particular purpose, or otherwise. If this exclusion is not permitted or not fully permitted by applicable law we exclude or limit our warranties only to the maximum extent permitted by applicable law. Any warranty that cannot be fully excluded will be limited (as far as permitted by applicable law) to the duration of this Extended Warranty.
Our only obligation under this Extended Warranty is to repair or replace the Product subject to these terms and conditions. We are not liable for any loss or damage relating to products, service, this Extended Warranty or otherwise, including – economic or intangible losses – the price paid for the Product – loss of profits, revenue, data, enjoyment or use of the Product or any associated products – indirect, incidental or consequential loss or damage. This applies whether that loss or damage relates to:
• impaired or non-operation of the Product or associated products through defects or unavailability while with us or with an ASN member, which caused downtime, loss of user time or business interruption;
• inaccuracy of output from the Product or associated products;
• damage to or loss of software programs or removable data storage media; or
• virus infections and other causes.
This applies to loss and damages under any legal theory, including negligence and other torts, breach of contract, express or implied warranty, and strict liability (even where we or an ASN member has been advised of the possibility of such damages). Where applicable law prohibits or limits these liability exclusions, we exclude or limit our liability only to the maximum extent permitted by applicable law. For example, some countries prohibit the exclusion or limitation of damages resulting from negligence, gross negligence, willful misconduct, deceit and similar acts. Our liability under this Extended Warranty shall in no case exceed the price paid for the Product, but if applicable law permits only higher liability limitations, the higher limitations apply.
5. Statutory rights & other providers
Consumers have legal (statutory) rights under applicable national laws relating to the sale of consumer products. This Extended Warranty does not affect statutory rights you may have, nor those rights that cannot be excluded or limited by law, nor rights against the person from whom you purchased the Product (including the right to claim for a refund, repair or replacement if your Product was not as described, not fit for purpose or not of satisfactory quality when sold to you). You may assert any rights you have at your sole discretion. You should also be aware that extended warranties may be available from other providers, and that some household insurance policies may include cover for your Product.
6.1 This Extended Warranty will automatically be cancelled if you submit a claim knowing it to be false, fraudulent or a misrepresentation.
7. Rights of third parties
This Extended Warranty is for the benefit of you and anyone else we have agreed with your consent. No benefits will be given to anyone else.
8. Additional information
Your Extended Warranty is provided and administered by Tronikx Co. LTD
9. Data Service
9.1 Important Data Service Information:
We are the data controller pursuant to applicable data protection legislation. Your details will be held and used by us, and selected companies acting on our behalf in accordance with applicable laws to administer your Extended Warranty. We may pass your data to any relevant regulator or dispute resolution provider. For further information, please contact us at Tronikx Co. LTD.
9.2 By purchasing and registering this Extended Warranty for your Product, you have agreed to us contacting you via mail, email or telephone in relation to your Extended Warranty. You will not be contacted by Tronikx Co. LTD for any other marketing purposes unless you explicitly agree to it. In that case, please register at: https://www.tronikx.com.mt/. As a member, you will be the first to find out about Tronikx’s new and exciting products. Plus, receive the latest news, special product information and support, and much more.
9.3 To help keep your details accurate we may use information we receive from our partners. You can ask us for a copy of your details and to correct any inaccuracies. To improve our service, we may monitor or record our communications with you.
10. Transferring your Extended Warranty
You can transfer your Extended Warranty to a new owner of the Product by notifying us of details of the change in accordance with Clause 11. Your Extended Warranty cannot be transferred to any other equipment.
11. How to make a claim or contact us
If your product requires service attention, please contact your supplying retailer who will be able to arrange or advise you how to get a repair carried out under the terms of the Extended Warranty.
Alternatively, you can call our Customer Information Centre or e-mail us using the contact details referred to on our website: www.tronikx.com.mt
Our Customer Service Department will provide you with full instructions and reasonable assistance for making claims under this Extended Warranty.
12. Telephoning Us
Your telephone calls may be recorded to monitor and improve the quality of the service provided.