SALES REGULATIONS
§1
1. The following rules and regulations define the rights and obligations of persons and legal entities (hereinafter referred to as the customer) entering into transactions with LYNX RYSZARD WINIARSKI (hereinafter referred to as the seller). The terms and conditions are valid for all transactions concluded from 02.01.2020.
2. the Terms and Conditions are received by each customer receiving a shipment (enclosed in the waybill) and by the customer collecting the goods in person. The customer's signature on the consignment note or personal collection of the goods signifies acceptance of the regulations. In addition, the regulations are available at www.lynxmotors.pl and at allegro.pl (user LYNXMOTORS). The customer making transactions with the above mentioned operators, is obliged to read the terms and conditions of sale and installation instructions, which are its integral part.
3. We would like to inform you that the goods sold by the above-mentioned business entities are second-hand goods, which are subject to many years of use before purchase and therefore are not full-value goods and should in no way be treated as new goods. The price of used goods in relation to the price of new goods, gives its technical and visual condition. The technical parameters of sold goods may differ from those of new goods, which is reflected in the purchase price.
§2
Warranty and guarantee claims and withdrawal from the contract. The following paragraph sets out the rules for claims under the warranty or guarantee (hereinafter referred to as claims) and withdrawal from the contract concluded at a distance.
1. The customer has the right to withdraw from a contract concluded at a distance until the 14th day from the date of sale of the goods, in accordance with Article 27 of the Act on Consumer Rights, provided that the statutory conditions and rules contained in the regulations are met. The Seller shall not bear the costs of sending back the parcel which is the subject of withdrawal from the distance contract. The Seller reserves the right to refuse to recognise the withdrawal from the contract in the event that the statutory conditions are not met and the customer's obligations under the sales regulations are not fulfilled.
2. Warranty - The seller grants a 30-day start-up warranty for the goods sold, calculated from the date of delivery to the address specified by the customer in the order or collection by the customer from the seller, provided that the customer has read the terms and conditions of the claim, followed the instructions included in the assembly instructions and stored the goods in a proper manner (excluding damage). Claims under the guarantee will be considered only after the customer has returned the goods to the seller's premises for verification.
3. Warranty - the seller grants a statutory warranty for the goods sold, provided that the customer is aware of the terms of the claim, follows the instructions included in the assembly instructions and stores the goods in a proper manner (excluding damage). Claims for warranty will be considered only after the customer sends the goods back to the seller's premises for verification. 4.
4. The seller reserves the right to refuse to accept a complaint, to withdraw from the contract: - in case the condition of the goods subject to the complaint has deteriorated (the goods have been damaged during use, installation not in compliance with the installation instructions - the goods have not been delivered to the seller for verification/appointment of an expert together with a photocopy of the proof of purchase - the amount of the customer's claim is higher than the amount of the purchase of the goods excluding shipping costs
5. complaints and withdrawal from a contract concluded at a distance will be considered only and exclusively in the case of delivery of proof of purchase, a completed complaint form (or in the case of withdrawal from the contract), a form of withdrawal from the contract by e-mail to the e-mail address of the seller and attaching the original of the above form to the shipment of goods to the registered office of the seller. The customer shall deliver the complete set of documents and the object of sale to the registered office of the seller, no later than 14 days from the notification of the complaint procedure or withdrawal from the contract, under pain of losing the possibility to conduct the complaint procedure.
6. Shipping - the seller is not responsible for the goods during shipment. The entity responsible during shipment is the courier company and complaints due to damage in shipment will not be considered by the seller. The proper way to deal with damage to the goods during shipment is to fill in the appropriate protocol of damage to the goods, available at the representative of the courier company.
7. Storage of goods. Goods purchased by the customer must be stored in such a way as to maintain their efficiency in a place with appropriate climate and temperature parameters. Any deterioration of the goods shall result in the impossibility to carry out the withdrawal from the contract or the complaint procedure. The Seller shall determine the condition of the goods subject to a claim or withdrawal procedure upon receipt of the goods, at the Seller's premises.
8. The seller reserves the right to replace or repair the goods subject to the complaint. If it is not possible to replace or repair the goods, the customer will be refunded the money paid to the seller, including shipping costs within Poland. The seller is not liable for the costs of assembly/disassembly of the goods. The parties agree that the costs of assembly/disassembly of the goods in case of disputes shall be borne by the customer. 9.
9. In case of disputes, the acceptance of the amount of compensation by the customer does not allow for the continuation of any claims for the purchase of the item under warranty and guarantee.
§3
Special terms of return The seller does not provide for the possibility of returning goods purchased and collected in person at the company's premises or at the premises of companies cooperating with the seller. However, in special cases of emergency, it is possible for the customer to return the goods in person at the company premises of the seller. In this case, the amount of the purchase returned to the customer will be reduced by handling costs depending on the amount of work involved in preparing the goods for the customer and the loss of value of the goods. The handling costs and the loss of value of the goods shall be assessed by the seller.
§4
Glossary of useful terms The following paragraph explains the types of terms or phrases used by the seller in advertisements and telephone conversations. To avoid misunderstandings, please read the following glossary carefully.
1. ‘Accessories’ - means engine accessories with the exception of fuel injectors, injection pump and turbocharger. Accessories include (sensors, valves, manifolds, alternators, starters, clutches, power steering pumps, vacuum pumps, housings and any other engine equipment). Accessories, in many cases, are not on the engine being sold or may have been mechanically damaged in the process of transport or as a result of the vehicle being involved in a road traffic collision.
2. 'Complete engine’ (complete engine, kmplt engine) - means the engine with the basic engine accessories (injectors in a quantity appropriate to the number of pistons, fuel injection pump and turbocharger) only these elements may be subject to warranty and guarantee claims. Other accessories, so-called auxiliary equipment (sensors, valves, manifolds, alternators, starters, clutches, power steering pumps, wakum pumps, housings and all other engine equipment) may or may not be on the engine. If they are left on the engine by the seller, they are not subject to a claim because the seller did not include them in the purchase price and leaves them on the engine free of charge. The customer is obliged to verify the functionality of the accessories before reassembling the purchased goods.
3. ‘Complete gearbox’ (complete gearbox, kplt gearbox) - means a gearbox including a torque limiting clutch. Sensors and valves attached to the gearbox may or may not be included in the item sold. If they are left on the sold item, they are not subject to claim as they are not included in the purchase price and are left on the gearbox, free of charge.
4. ‘The engine/gearbox is in full working order’ or ‘the engine/gearbox is in 100% working order’. - used in an ad on allegro.pl, otomoto.pl or during a conversation with a customer - means that at the moment of testing the engine/box (firing up the engine) before disassembly, the goods showed no signs of mechanical or functional damage. However, the transport of the dismantled goods and the storage of the goods may cause degradation. Please be advised that we are unable to verify the fitness of the goods at the time of sale.
§5
Assembly instructions Dear customers, due to the repeated errors in the assembly of mechanical components of combustion vehicles, resulting in damage to the purchased goods, we present instructions for the actions necessary to ensure the proper functioning of the purchased item after assembly. These assembly instructions are obligatory for anyone assembling goods purchased from the seller. Failure to follow the steps indicated in these instructions may lead to damage to the purchased item. Failure to comply with any of the elements of the assembly instructions results in the loss of the possibility to carry out the complaint procedure.
1. responsibilities of the customer when assembling the manual gearbox: Changing the oil in the gearbox, replacing the clutch and dual mass wheel as well as the control cables or selector. This must be documented.
2. Customer's responsibilities when fitting an automatic transmission. Oil change (including dynamic flushing), oil filter change. Adaptation of the torque limiting clutch and correct adaptation of the gearbox in accordance with the recommendations. The scope of the work carried out must be documented.
3. Customer responsibilities when replacing a ‘bare pillar’ engine. Meticulous checking of the components fitted to the unit, in particular the turbine and injectors. Failure to document the above will result in loss of warranty. When assembling the unit, it is essential to check the seals, simmerings, o-rings, as due to the nature of the item we do not have the opportunity to check them before disassembly. The timing drive should also be replaced, regardless of whether a belt or chain is used. During the test run, the oil pressure should also be checked with a pressure gauge and this should be documented (for example by recording with a mobile phone).
4. Customer responsibilities when replacing a ‘complete’ engine The first step before installing the unit is to verify the condition and completeness of the minor accessories. The specified engine codes are found in many car models and may differ slightly in the type of accessories. Also, the fact that engines originate from accident cars and the possibility of damage to small accessories requires verification. The next step is to verify the seals of the unit. The next step is to carry out the necessary servicing, replacing belts, timing drive, oil and filter. In view of the current recommendations on service intervals, we also recommend flushing the engine with special products (e.g. Liqui Moly Engine Flush) to remove deposits and improve engine performance, while increasing its service life. An engine diagnostic should also be carried out after connecting the electrical system and a documented measurement of the oil pressure should be carried out during a test run.
WARUNKI GWARANCJI
1. The warranty is granted only to the direct Buyer of the engine / gearbox, unless the parties have agreed otherwise in the concluded agreement.
2. The warranty period for the Buyer is 30 days. The warranty period is counted from the date of purchase
of the engine / gearbox at the company's headquarters or from the date of their delivery to the address indicated
by the Buyer.
3. The warranty covers only defects and faults revealed in the subject of sale during the warranty period, the cause of which was in the sold item.
4. The Seller guarantees the Buyer the correct operation of the engine / gearbox for which the warranty was granted, provided that it is used with due professional care and in accordance with its intended purpose.
5. In justified cases related to repairs, the Seller may request that the vehicle with the engine or gearbox installed be delivered to the Seller's headquarters (at the Buyer's expense).
6. If the engine/gearbox delivered under warranty is devoid of the complete equipment it was equipped with at the time of sale, the Seller will consider the complaint as unjustified, unless the Buyer delivers the engine/gearbox with full equipment within 7 days. The deadline for considering the complaint then runs from the date of delivery of the complete engine/gearbox.
7. In the event that the engine/gearbox is delivered to the Seller without defects or without a clear indication of the reason for its delivery and in the event that the complaint is
unjustified - the Seller may charge the Buyer for the costs of the expert opinion and other activities related to the explanation. The Seller is obliged to inform the Buyer about the
estimated costs related to the complaint, which may, however, differ from the finally determined costs.
8. The warranty is extended by the period between reporting the defect and its removal.
In the event of replacing a part of the engine/gearbox covered by the warranty, the warranty period for this part runs anew from the time of replacement.
9. The warranty does not cover:
• accessories located on the engine (carburetor, water pumps, filters, housings, belts, electrical equipment, rubber and electrical hoses, spark plugs, glow plugs, sensors);
• operating adjustments and adjustments that must be made in order to assemble the engine, including programming electronic devices;
• leaks of oil or other fluids caused by natural wear of sealing elements (simmerings, valve seals, gaskets: oil pan, valve cover, other seals excluding the head gasket);
10. The Buyer is obliged to replace the timing with a new one. If replacing the timing involves the need to break the warranty seal, it is necessary to contact and obtain consent from the Seller. Failure to replace the timing, which will result in a failure related to this part, results in the expiry of the warranty agreement.
11. The Buyer is obliged to install the engine/gearbox in the vehicle within 14 days of the date of purchase at the company's headquarters or receipt of the shipment from the courier.
12. The warranty card is valid when it has a completed part - assembly, with the signature (and stamp) of the person performing the assembly. After the engine is installed (within 14 days), copies of the completed Assembly Card should be sent electronically to the Seller. Failure to send the Assembly Card within the specified time period results in the warranty expiration.
13. The Buyer is obliged to replace the oil and filter, air filter and fuel filter on their own.
14. The sold engines/gearboxes have security seals, the breach of which results in the expiration of the warranty.
15. The Buyer loses the warranty as a result of:
• mechanical damage to the engine/gearbox caused during transport or assembly;
• damage to the engine/gearbox caused by alterations and structural or program changes made by the Buyer without consultation and consent of the Seller;
• unauthorized repairs and disassembly of the engine / gearbox without consultation and consent of the Seller:
- intentional damage to the engine / gearbox;
- use of operating elements that do not comply with the manufacturer's recommendations;
- breach of the security seal;
- damage to the engine / gearbox caused by improper use or gross negligence.
16. The Seller shall not be liable for indirect damage caused by faulty operation of the engine / gearbox such as: costs of immobilizing the vehicle, parking, towing, rental of replacement cars. In particular, the warranty rights do not include the Buyer's right to demand reimbursement of lost profits in connection with the failure of the subject of the contract.
17. In the event of a defect in the engine / gearbox, the Buyer is obliged to immediately immobilize the engine / gearbox and deliver it to the Seller. The risk of damage to the engine / gearbox during transport of the engine / gearbox is borne by the Buyer.
18. The Seller has 14 days to consider the complaint. Information about the Seller's position may be sent electronically to the e-mail address provided by the Buyer.
19. Under the warranty, the Buyer is entitled to:
a) removal of the fault by the Seller (if the amount related to this is determined and
accepted by the Seller and the Buyer)
b) replacement of the engine / gearbox with another engine / gearbox with the same parameters, in the case of confirmation in writing by a car mechanic workshop agreed with the Seller.
20. The delivery date of the engine / gearbox will be agreed with the Buyer.
21. As a result of replacing the engine / gearbox, the Buyer is not entitled to reimbursement of the costs incurred for assembly and the costs for materials purchased by the Buyer, while a new start-up warranty is granted for the next engine / gearbox.
22. In the case of sales concluded between entrepreneurs (B2B), the parties agree to exclude the Seller's liability under the warranty for physical and legal defects of the sold item.
23. The rights and obligations of the parties are regulated by this agreement given in the Warranty Conditions, which the Buyer should familiarize themselves with. In all matters not regulated in these conditions, the provisions of the Civil Code shall apply.