1. Who we are.
We are Akzo Nobel Coatings Limited with our registered office at The AkzoNobel Building, Wexham Road, Slough, SL2 5DS, registered in England and Wales under the company number 3124411 (“We”, “Us”, “Our”). Subject to the terms, conditions and exclusions set forth in these Terms and Conditions, we will grant you the Warranty.
2. What are the main definitions applicable to these Terms and Conditions?
Unless the context states otherwise, the terms set out below if beginning with a capital letter have the meaning as follows:
|Claim||means a request for the application of the Warranty for a Vehicle.|
|Country||means United Kingdom.|
|Product||means any vehicle refinishes product of the brand Sikkens sold by us or our authorized distributors to you and designed to perform repairs of the exterior part of the body of a Vehicle.|
|Repair||means a repair of a Vehicle that you performed with our Product.|
|Sales Representative||means an employee of us who manages your account.|
|Technical Data Sheets||means a document issued by us which sets out the technical aspects of our Products, including but not limited to the conditions of application.|
|Terms and Conditions||means these terms and conditions of Warranty.|
|Vehicle||means a light vehicle.|
|Warranty||means the scope of our obligation towards you in relation to the Product as set out in these Terms and Conditions.|
|Website||means the website you registered on to benefit from the Warranty.|
|You||means a bodyshop validly registered on our Website which uses our Products to perform a Repair.|
3. What is the subject matter of these terms?
This document sets out the terms, conditions and exclusions applicable to the commercial Warranty we grant you on any Repair you perform on a Vehicle during the term of these Terms and Conditions.
4. What is the term of these Terms and Conditions?
These Terms and Conditions will enter into force for an unlimited term from the date you were approved by our Sales Representative, subject for you to have provided accurate and correct information during the registration process as set forth in clause 7.1 below.
5. How to terminate these Terms and Conditions?
We may terminate these Terms and Conditions by notifying you by email or mail. You may terminate these Terms and Conditions by notifying us or our Sales Representative by email or mail. The termination will be effective 90 days from notification. In the event that these Terms and Condition are terminated by either you or us, this termination will have no effect on the Warranties granted to you prior to the termination but we will not grant you any additional Warranty from the date of effective termination.
6. What is warranted?
Subject to general conditions and exclusions contained in these Terms and Conditions and for the term of these Terms and Conditions, we warrant that the Product you used to perform a Repair will deteriorate at the same speed as the rest of the finish of the Vehicle and that the Repair will therefore remain invisible for the lifetime of the Vehicle.
7. What are the conditions for these Terms and Conditions to be binding?
For these Terms and Conditions to be binding us, you will be required to:
7.1 register on the Website and create an account. The registration process is as follows:
7.1.1 You will be required to tick all the boxes to confirm that you meet the prerequisites;
7.1.2 You will be required to confirm that you agree to these Terms and Conditions;
7.1.3 You will be required to fill in all mandatory fields. Any information provided must be accurate and correct;
7.1.4 After you applied for registration, you will receive an email at the email address you entered during the registration process. You will be asked to click on a link to confirm your email address;
7.2 Our Sales Representative will also receive information that you registered on the Website. Our Sales representative will have to confirm your registration so that it is effective and you can benefit from the Warranty; and
7.3 Whether we accept or refuse your registration on our Website, you will be notified of our decision by email.
8. What happens if the information you provided during the registration process is not correct?
Notwithstanding the confirmation of your registration by our Sales Representation as set forth in clause 7.2 above, if you do not provide accurate and correct information during the registration process, the Terms and Conditions will not enter into force and no Warranty will be valid.
9. What are the conditions for a Warranty to be enforceable?
For a Warranty to be enforceable, you will be required to:
9.1 apply our Product when performing a Repair, excluding any product from the competition;
9.2 apply our Product in full compliance with the conditions of application as set out in the latest published version of the relevant Technical Data Sheet; and
9.3 comply with these Terms and Conditions.
10. Who is covered by the Warranty?
The Warranty is granted to you as a body shop which performed the Repair of the Vehicle. The Warranty is therefore not granted to your customer who has no recourse against us based on the Warranty.
11. What are the general exclusions applicable to the Warranty?
We will deny a Claim in the events as follows:
11.1. You are not able to demonstrate that you meet all requirements as required during the registration process;
11.2. The product used to perform a repair is not a Product;
11.3. The entire body of the Vehicle has been repainted;
11.4. The Vehicle has been registered in a country which is not the Country;
11.5. The deterioration of the Product results from a collision between the Vehicle and an external element such as notably but not limited to a vehicle, branches or a stone;
11.6. The deterioration of the Vehicle results from perils such as notably but not limited to an earthquake, a flood, a tidal wave, a volcanic eruption, hail or a tornado;
11.7. The deterioration of the Vehicle results from a fire; and
11.8. The deterioration of the Vehicle results from fraud or negligence.
12. How to make a Claim?
In the event of a Claim, you will be required to visit our Website, click on “Claim” and fill in all mandatory fields. Once we have received your Claim, our Sales Representative will visit you on short notice to assess the Claim and make sure that (i) you performed the Repair, (ii) you used our Products to perform the Repair, (iii) you applied our Product in conformity with our conditions of application as set forth in our Technical Data Sheets, (iv) the Repair was performed during the term of these Terms and Conditions and (v) the Product has deteriorated at a speed different from the rest of the finish of the Vehicle and is therefore visible. In order to assess the Claim, our Sales Representative may require documents from you in which event you will provide our Sales Representative with the documents he may reasonably request. Our Sales Representative may also require seeing the Vehicle.
Based on the expertise report drafted by our Sales Representative, we will either accept your Claim or deny it. If we accept it, we will indemnify you within the limit of the net price of the items in the original invoice corresponding to the Repair with the exclusion of any other item contained in the invoice. This indemnification may at our own discretion consist of notably (but not limited to) a reimbursement or the supply of free coatings or other payment in kind. No other indemnification will be made. We will indemnify you within 30 days from Claim acceptance.
14. No third party rights.
Nothing in these Terms and Conditions shall confer any benefit or right upon any third party except for your successors or permitted assignees, subject for those to remain a customer of us. You shall not make any representation towards your customer that they will directly benefit from the Terms and Conditions of this Warranty.
You may not assign, transfer the benefit of all or any part of these Terms and Conditions without our prior written consent.
For any query in relation to these Terms and Conditions, you can contact your Sales Representative.
17. Governing law.
These Terms and Conditions are governed by the law of the United Kingdom.
All disputes arising out of or relating in any way to performance under these Terms and Conditions will be resolved exclusively in the courts of the United Kingdom and you by executing these Terms and Conditions consent to jurisdiction in that court.