Notice on Statutory Warranty Rights - SWM Service Procedures

1. Statutory Warranty Rights (Liability for Defects)

A) Important Notice for Consumers (B2C):

In the event of defects in the goods, you are entitled to statutory rights against the seller without restriction (remedy in the form of repair or replacement, withdrawal from the contract, reduction of the purchase price, and compensation for damages in accordance with statutory provisions).

The statutory warranty period for consumers is 24 months from the delivery of the goods. In accordance with statutory provisions (including Sec. 477 BGB / EU consumer law), any defect that becomes apparent within the first 12 months is presumed to have existed at the time of the transfer of risk (reversal of the burden of proof). Asserting these statutory rights is free of charge for consumers and is not limited by the following organizational service procedures.

B) Regulations for Commercial Customers / Businesses (B2B):

For business customers, the limitation period for defect claims is reduced to 12 months from the delivery of the goods. Statutory rules on the burden of proof as well as the commercial duty to inspect and give notice of defects pursuant to Sec. 377 HGB (German Commercial Code) / Sec. 377 UGB (Austrian Commercial Code) apply.

2. Place of Performance & Duties to Cooperate

A) For Commercial Customers / Businesses (B2B):

• Place of Performance & Commercial Obligation to Inspect and Report (§ 377 HGB / UGB): Business customers must inspect the delivered goods immediately upon delivery and report open defects in writing within 8 business days. Unless a separate on-site service contract has been explicitly concluded, the place of performance for all warranty and supplementary performance obligations is the registered office of SWM Maschinen GmbH in 74821 Mosbach, Germany. There is no entitlement to on-site service.
• Duty to Cooperate (Sec. 8 (5) GTC): The buyer is obliged to cooperate in determining the defect. For processing, the proof of purchase/delivery note, a completed service form with a detailed fault report, and, if spare parts are required, a copy of the spare parts drawing with the required parts highlighted must be submitted. Defective goods or components must be returned to our office in Mosbach upon request. Transport costs will only be reimbursed in B2B transactions if the defect notification is justified.

B) For Consumers (B2C):

• For consumers, statutory provisions apply without restriction. There is no entitlement to an on-site repair service. Inspection and repair take place at our workshop in 74821 Mosbach, Germany. Collection and transport of the machine in the event of a justified warranty claim will be organized and borne by SWM Maschinen GmbH. Consumers are kindly requested to assist in providing a clear error description to facilitate quick processing.

C) Unjustified Defect Reports / Cost Allocation:

• For Commercial Customers (B2B): If inspection of the machine reveals that no warranty claim exists (e.g., due to operating errors, improper handling, lack of maintenance, or normal wear and tear), the business customer is obliged to reimburse SWM Maschinen GmbH for all costs incurred during inspection, evaluation, and transport.
• For Consumers (B2C): If it turns out that no defect exists and the consumer could have recognized this by exercising reasonable care (unjustified defect notification), SWM Maschinen GmbH reserves the right to charge the consumer for the inspection and transport costs incurred.

3. Scope & Wear and Tear (Not Considered Defects under Statutory Warranty)

Statutory liability for defects applies exclusively to faults that were already inherent in the goods at the time of risk transfer (delivery). Warranty claims do not exist in particular for:

• Natural Wear and Tear: Damage or defects in machine parts subject to operational or natural wear and tear (e.g., seals, bearings, belts, carbon brushes, tool inserts).
• Operating Errors & Assembly Damage: Defects resulting from improper or negligent assembly, commissioning, or incorrect electrical connection.
• Failure to Observe Instructions & Overloading: Damage caused by failure to follow operating instructions, improper use, non-standard environmental conditions, insufficient/improper maintenance, as well as overloading through improper usage (e.g., commercial continuous operation of machines that are not designed or intended for commercial use based on their design and capability).
• Third-Party Interference & Non-Original Parts: Damage caused by installing accessory or spare parts that are not original SWM spare parts, or by unauthorized modifications to the machine.
• Minor Deviations (Negligible Differences): Slight deviations from the nominal specification (e.g., minimal color or surface variations) that are irrelevant to the value, safety, and intended usability of the machine.

4. Service & Contact

Even after the warranty period has expired, SWM Maschinen GmbH remains at your service for repair estimates and spare parts supply.