GENERAL LEGAL POLICY
1.OUR WARRANTY
Scope of the warranty
1. The warranty period starts on the date of the invoice and ends on the same day in the same month, and covers material, design and manufacturing faults.
2. The warranty applies only to products supplied to customers who are supplied with heavy equipment directly or indirectly by FRECO Equipment Supplies Limited.
3. The warranty lapses immediately when modifications are made, repairs done or disruptions resolved without prior express permission from customers who are supplied with heavy equipment directly or indirectly by FRECO Equipment Supplies Limited
2. The Seller shall offer warranty as follows;
Brand New Equipment
For one (1) year or 4,000 hours, whichever comes first
Used Equipment
(6) months or 2,000 hours whichever comes first
Brand New Trucks
For one (1) year or 60,000Km, whichever comes first that the Equipment(s) or truck(s) substantially conforms to its specification as made available by the Seller, is of satisfactory quality and fit for any purpose held out by the Seller. The Seller shall use all reasonable endeavors to remedy, provided that:
(a) The warranty shall cover engine transmission and hydraulic system
(b) The Buyer notifies the Seller of any defect in writing within 2 Business Days of the defect occurring;
(c) The Seller is permitted to make a full examination of the alleged defect;
(d) The defect did not arise out of any information, design or any other assistance supplied or furnished by the Buyer or on its behalf; and
(e) The defect is directly attributable to defective material, engineering workmanship or design by the manufacturer.
(f) Consumable parts shall not be covered under the warranty unless the defect arising therefrom is caused by circumstances stated in the preceding subparagraph. For avoidance of doubt consumable parts includes but not limited to; oil filter, cutting edges, End bits, fuel pump, hydraulic pump, alternator, starter motor, injector pump, nozzle and work lights.
(g) Defects attributed by the buyer’s default are not covered by the warranty
(h) All parts shall be supplied by the seller during the warranty period.
(i) Any deviation by the buyer from the provisions of subparagraph (a)-(h) shall be treated as breach of warranty by the buyer and therefrom the buyer shall be estopped from any claim that would arise against the seller, where the Seller has been notified of a defect, damage, or break-down of the Equipment, the Seller shall immediately dispatch technical staff and spare/replacement parts to the Buyer’s working site to establish whether such defect or breakdown is the result of a technical default or manufacturing defect covered under warranty and remedy the defect as appropriate.
Condition for the validity of the warrant is that the products
A. are used according to the application specifications and the directions provided for in the manufacturer manual and or FRECO Equipment Supplies Limited
B. are operated by a certified and qualified operators for specific equipment by responsible authorities.
C. are handled according to the maintenance instructions, if such instructions are given in usage manual from the manufacturer or FRECO Equipment Supplies Limited
D. are not exposed to unusual circumstances including mechanical and physical loads that cannot be considered as intended for that specific equipment.
E. are not exposed to environmental influences, climate conditions or situations that can reasonably be expected to cause more than the usual level of wear and tear.
The warranty only covers failure of the products caused by demonstrable material, design and manufacturing faults and that exceeds the average nominal failure rate.
The warranty does not cover;
A. Normal wear and tear out of the supplied Equipment or machine.
B. Damage due to intent or gross negligence
C. Deviations of the product compared with illustrations and information provided in our catalogue or other marketing documentation
E. Products which have been modified or repaired without permission from FRECO Equipment Supplies Limited
F. An incorrect combination with other installed products
G. Damage and shortcomings derived from unusual external factors such as a lightning strike or from natural disasters, misuse, incorrect use or abnormal use.
Procedure and evaluation
A. If the customer has received a product that demonstrates potential manufacturing, design or material faults, he must report this as completely as possible within 28 days after noticing it, through a letter or email to FRECO Equipment Supplies Limited addresses or physical handover at the company’s headquarters front desk. To be able to make a warranty claim, the customer must always report the number of the relevant invoice. The customer will receive a confirmatory email. FRECO Equipment Supplies Limited will process the report as quickly as possible.
B. If the customer would like a replacement for products that have been reported to be defect, he can specify this directly on the report or order it through the normal order process. These products will always be charged to the customer. As soon as the reported products have been returned to us, they will be credited after being checked, if they fall under the warranty.
C. If one or more products need to be returned, the customer will receive a return materials authorization (RMA) which contains a number. Unless expressly agreed otherwise, the products should be returned within 4 weeks after receipt of the RMA. Products returned without a RMA number will not be accepted. If FRECO Equipment Supplies Limited does not want the reported products returned, and finds the warranty claim valid, then the replacement will be sent out free of charge or crediting done immediately.
D. The customer is responsible for the return shipment and pays for it. The transport costs will not be reimbursed by FRECO Equipment Supplies Limited.
E. If there is any doubt about whether or not the problem with the defective products falls under the warranty, the burden of proof of the existence of manufacturing, design and material faults lies with the customer. The customer should submit the proof in writing to FRECO Equipment Supplies Limited.
F. FRECO Equipment Supplies Limited is granted a reasonable period to examine the defective product for potential manufacturing and material faults.
G. If FRECO Equipment Supplies Limited considers an on-site examination necessary, the customer, operational technician, end user and others assigns must grant free direct access and cooperation as needed. In case of doubt about the situation or the products, FRECO Equipment Supplies Limited is entitled to invite representatives from other parties to inspect the equipment closely.
H. FRECO Equipment Supplies Limited retains the right to take the final decision of whether a warranty claim is justified.
I. At the request of FRECO Equipment Supplies Limited, the replaced products or parts become the property of FRECO Equipment Supplies Limited.
J. The warranty period will not be restarted when the warranty is fulfilled. Replacement products or parts are guaranteed until the end of the existing warranty period for the product or part that was replaced or in which it is installed.
Service
A. A product demonstrating manufacturing, design or material faults will be repaired or replaced within the warranty period by FRECO Equipment Supplies Limited. If a repair is impossible, FRECO Equipment Supplies Limited can replace it with an equivalent product in consultation with the customer, or resort to crediting.
B. If FRECO Equipment Supplies Limited decides on replacement, a new product may vary in dimensions, construction, light characteristics, colour or otherwise, compared with the original product, because that product is no longer produced in that form or is no longer available.
C. Labour costs for dismantling and installation do not fall under this warranty. All ancillary costs engendered by the repair of faults, and involved with replacing and repair are paid by the customer. They include in particular, but are not limited to, the cost of assembly and dismantling, transport or sending of the defective and the repaired and replacement product.
Liability clause
FRECO Equipment Supplies Limited is not liable for any unusual or general resulting damage, economic loss, including the loss of actual or expected profit, interest, income, expected savings or transactions, damage to goodwill, and damage of any type done to third parties. The legal warranty rights remain unaffected and apply regardless of this warranty.
Insofar as the Equipment comprises or contains equipment or components which were not manufactured or produced by the Seller, the Buyer shall be entitled only to such warranty or other benefit as the Seller has received from the manufacturer.
Final provisions
A. The customer will not rely on any other information or documentation than that supplied by FRECO Equipment Supplies Limited. The customer will also not invoke any typing, printing and typesetting error in the FRECO Equipment Supplies Limited documentation.
Cancellation and refund
Under the Laws of the United Republic of Tanzania you have a right to cancel or request a refund under certain circumstances;
A. You are eligible for full refund if you cancel your order for at least three working days back by official letter, email, or by phone call to the department responsible before your Equipment or Truck(s) being ordered.
B. You will be deducted 20% of the amount paid if your cancellation has not been received on the specified time.
Supply
Freco Equipment supplies Limited is specialized in supply of All models of used Caterpillar machines, all types of brand new XCMG equipment, Brand New Howo Tipper trucks, Beiben, lifting equipment, station crushing plant, Transport trucks and spare parts.
Delivery
Delivery will be made within 30 to 45 days if the payment has been made as agreed on the selling contract
A. Delivery will be made at the sellers’ premises.
B. Delivery time will be only from 8:30 Am to 5:00 Pm on all working days and on Saturday from 8:30 Am to 01:00 Pm.
C. The buyer will arrange for all necessary procedures for the delivery of the machine or contact the seller prior collection of the Equipment, and will be responsible for all charges, fees and costs attached to the same
D. The buyer must have paid 50% of the purchase price for the delivery process to take place.
E. The buyer must secure the outstanding balance if any, by issuing the seller with a bank guarantee or Post-dated cheaque(s) in respect of the amount owed to the seller.
F. The Buyer shall ensure that a duly authorised representative of the Buyer is present at the Delivery of the Equipment. Acceptance of Delivery by such representative shall constitute conclusive evidence that the Buyer has examined the Equipment and has found it to be in good condition, complete and fit in every way for the purpose for which it is intended.
G. The Buyer’s duly authorised representative shall sign a receipt confirming such acceptance.
H. Physical possession of the equipment by the buyer shall insinuate that, the Buyer has examined the Equipment and has found it to be in good condition, complete and fit in every way for the purpose for which it is intended.
Provided that This delivery policy shall prevail whenever there is a contradiction between the contract and this policy
Retention of Rights
A. Unless otherwise specified by the company the risk shall pass on delivery of the product to the customer or his carrier or to such delivery address as specified by the Customer whichever shall occur sooner.
B. The product shall remain the sole and absolute property of the company as legal and equitable owner until full contract price has been paid, failure of which Freco will have the right to repossess the product and treat the transaction with the customer as cancelled under the provisions of this policy.
C. If, by reason of instructions or lack of instructions from the customer or any other acts or omissions by the customer, dispatch in accordance with the contract is delayed, the risk of loss or damage to the property shall pass to the customer and the customer shall be liable to pay all charges, including but not limited to storage charges which arise a result of such delay.
D. The company accepts no liability or responsibility for loss or damage to any product stored, carried, driven or handled in any way by the company or the company’s staff on behalf of the customer however caused, this includes but is not limited to a machine, equipment or truck brought to the company for service.
E. The company shall not be obliged to take any precautions to store a machine, equipment or truck under cover or protection from weather and shall not be liable for any claim arising out of deterioration whether such alleged deterioration occurs before or after any service may be effected
Force Majeure
Freco Equipment supplies Limited shall not be liable for delay in supply of product(s), delay in performing, or failure to perform, any of its obligations under the agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control, such circumstances includes acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war (declared or undeclared) or armed hostilities or other national or international calamity and includes the outbreak of epidemic and or pandemic diseases which directly or indirectly affects performance or one or more acts of terrorism or failure of energy sources.
