ALL-IN WARRANTY

1.1 Unless otherwise expressly regulated below under section 1.7, Vermont Sales (Pty) Ltd shall, in the case of successful registration for all new Festool electrical and compressed air tools (hereinafter referred to as "Machine"), offer a cost-protection warranty and additional services based on these terms and conditions provided that you are an end customer, whether a natural or legal person, who resides in South Africa. Vermont Sales Pty Ltd will not assume any warranty or additional services to Festool dealers, machine hiring companies and resellers however the necessary support will be provided to the mentioned in order to service the end customer.

These terms and conditions shall also apply for Li-Ion battery packs and battery chargers that you have purchased on or after 1st January, assuming that the following provisions do not provide a deviation from this.

1.2 Registration requirements include:

• Purchase made from an authorised Festool dealer
• Online registration in toolfan.co.za within 30 days from the date of the original invoice
• Upload an invoice or delivery bill to check the purchase date.

1.3 After successful registration, you will receive a link to your warranty certificate by email. This only refers to the registered Machine.

1.4 The 3-Year All-In Warranty for Festool products Terms and Conditions do not waive, restrict or otherwise change existing contractual or statutory warranty rights.

1.5 The provision of warranty or additional services neither extends the warranty period nor renews the warranty period. The same applies to the statute of limitations of contractual or statutory warranty rights.

1.6 If you revoke or reverse the purchase of the registered Machine, whether as a result of contract cancellation, revocation, rescission or withdrawal, the warranty of the Machine concerned is voided.

1.7 For LI-Ion battery packs and/or battery chargers that you purchased, the prerequisite for enforcing the Warranty All-In Terms and Conditions shall be that you retain the original proof of purchase in accordance with Point 2.5. All other general terms and conditions shall continue to apply.

2.1 The warranty period amounts to 36 months and starts from the date of the original invoice.

2.2 If a warranty claim is addressed within the warranty period, Vermont Sales (Pty) Ltd warrants either the free replacement of faulty parts or the free replacement of the Machine (cost protection warranty) at the discretion of Vermont Sales (Pty) Ltd. Further claims are excluded in this respect.

2.3 Warranty claims are valid if:

• The delivered Machine is proven to have material or manufacturing defects.
• Wear parts (in particular carbon brushes, ball bearings, rubber sleeves, battery packs, sealing rings and switches) are proven to be damaged as a result of natural wear from normal use of the Machine. A complete list of the parts covered by the warranty can be found in the spare parts catalogue at www.festool.com/ekat.

2.4 Warranty claims are in particular not valid:

• In the event of damage to consumables and accessories, especially in the case of sanding discs, sanding pads, plug-it cables, saw blades, routers, stirring rods, blades, cutting equipment and drilling tools.
• If instructions in the operating manual or other documents accompanying individual Machines relating to the connection, installation, commissioning, operation, use and maintenance of Machines are ignored.
• If the Machines are used improperly or damaged externally (in particular as a result of falls or impacts).
• If Machine defects occur as a result of the use of non-original accessories or spare parts.
• If Machines are modified, dismantled or components are added.
• If Machines are used for continuous work in industrial applications resulting in extensive wear or are used persistently for applications that place an above-average load on the Machine.

2.5 Scope and assentation of warranty claims

Warranty claims must be asserted in writing to Vermont Sales (Pty) Ltd immediately after the defect is identified and within the warranty period. The Machine concerned must be returned to the seller or sent to one of the customer service centres listed at toolfan.co.za/festool together with all accessories and the original invoice showing the purchase date and the product name.

2.6 Inspection and notification obligations of enterprises

If you purchased the Machine as a merchant, your claims presuppose that you must check the Machines immediately after receipt and notify Vermont Sales Pty Ltd of obvious defects immediately or within two weeks of receiving delivery of the Machine at the latest and report hidden defects as soon as they are discovered.

You are a merchant if you exercise commercial or independent professional activities on the conclusion of the agreement. This applies to natural persons, legal entities and partnerships having legal capacity.

4.1 Data protection

The personal data which we have received through the registration of your Machine for All-In Warranty for Festool products inclusive (incl. invoice-upload) (e.g. first and last name, address) is stored, processed or used exclusively for the handling of the associated services. The legal basis for this is POPIA. If and insofar as you delete your toolfan.co.za/festool account, we will continue to store your data required for the fulfilment of the contract until the warranty expires.

All data is used by Vermont Sale Pty Ltd. The data will not be transferred to other third parties or otherwise used for advertising purposes.

4.2 Changes to customer contact details

If any of your contact details change, Vermont Sales ask you to change them immediately on your free toolfan.co.za/festool account at toolfan.co.za/festool. Vermont Sales Pty Ltd is not responsible for any additional costs resulting from obsolete customer data.

4.3 Change of Terms and Conditions

Vermont Sales Pty Ltd reserves the right to cancel, supplement or change the warranty and services or these terms of warranty and service entirely or in part, giving reasonable notice, or without such notice if good cause is shown while taking reasonable consideration of your interests.

4.4 Miscellaneous

4.4.1 The law of South Africa applies.

4.4.2 Sole place of jurisdiction for all disagreements relating to the warranty is at Vermont Sales Pty Ltd.

4.4.3 If a clause in these terms is or becomes ineffective or invalid in part or in full or a regulatory gap is found, the effectiveness of the other terms remains unaffected. Instead of the ineffective or invalid clause, the relevant effective or valid clause that comes as close as possible to the sense and purpose of the invalid clause shall be considered agreed. In the event of a regulatory gap, the clause that corresponds to what would have been agreed shall be considered agreed.