Warranty

Toyota Center Tbilisi LLC (hereinafter the “Seller” or the “Company”) warrants that, during the warranty period, tyres for passenger cars and trucks purchased from the Company (hereinafter the “Products”) will not show any manufacturing defects and that, should such a defect appear, the Company will remedy it in full, free of charge, in accordance with the procedure set out in these terms.

For the purposes of this document, a manufacturing defect means a production defect in the Products that is confirmed by the manufacturer of the Products.

The Seller’s warranty obligations do not cover defects caused by natural wear and tear, improper use, or mechanical or intentional damage to the Products.

The warranty terms apply only to Products purchased from and fitted by the Company.

The warranty period starts from the moment ownership of the Products is transferred to the Buyer and the Products are fitted by the Seller, and lasts for 1 year.

The date on which ownership of the Products is transferred to the Buyer is recorded by the Seller’s representative on the purchase invoice issued by the Company or on the proof of payment for the Products issued by the Company.

The Buyer must bring the damaged Products to the Seller’s service centre no later than 48 (forty-eight) hours after the damage occurs.

The Seller’s warranty obligations arise only if the Buyer complies with these warranty terms and presents the damaged Products to the Seller together with a personal identification document, the vehicle concerned and proof of payment for the Products.

Once the Buyer has brought the damaged Products to the Seller’s service centre, the Seller will examine the damage within 10 working days at the latest.

The Seller’s warranty obligation covers repair of the Products, their replacement (if repair is not possible) and the related fitting and removal services free of charge, or reimbursement of the price of the Products to the Buyer (if the Seller is unable to repair or replace the Products).

If the Products are replaced with new ones during the warranty period, the warranty period starts again.

Any direct or indirect financial costs incurred by the Buyer as a result of a malfunction of the Products (during the warranty period) will not be reimbursed by the Seller.

Having examined the circumstances, the Seller decides at its own discretion whether to restore or replace the damaged Products or to reimburse their price to the Buyer. The time frame for repairing or replacing the damaged Products, or for refunding the money, is set individually for each specific case, is communicated to the Buyer in advance and may not exceed 5 working days.

If the Seller determines that the damaged Products cannot be restored and must be replaced, the Seller will replace them with products from the same manufacturer or with products of the same class (specifications and characteristics) from another manufacturer. If the price of the new products exceeds the amount paid by the Buyer, the Buyer must pay the Seller the difference on the basis of the relevant invoice(s).

If the parties are unable to resolve a dispute concerning the warranty terms through negotiation, they will apply to the Levan Samkharauli National Forensics Bureau (LEPL) to determine the cause of the damage to the Products, in which case the cost of the examination is borne by the Buyer. If the expert report establishes a manufacturing defect in the Products, the Seller will be obliged to reimburse the cost of the examination to the Buyer in accordance with these warranty terms.

Damaged Products that have been replaced under the warranty service become the property of the Seller.

The Seller is released from its warranty obligations in the following cases:

1. 4.1.1.

   if the vehicle has received service related to the Products at another company’s service centre;

2. 4.1.2.

   if the damage to the Products is caused by operating the vehicle with an excessive load, by modifications made without the Seller’s prior written consent, or by failure to follow the vehicle maintenance rules set out in the operating instructions;

3. 4.1.3.

   if the damage to the Products results from careless handling by the Buyer, in particular from improper operation of the vehicle, which cannot be regarded as a manufacturing defect;

4. 4.1.4.

   if the damage to the Products is caused by external mechanical impact;

5. 4.1.5.

   if anyone other than the Seller has attempted to restore or repair the tyre;

6. 4.1.6.

   if the tyre has not been used for its intended purpose;

7. 4.1.7.

   if foreign substances have got into the Products;

8. 4.1.8.

   if the vehicle on which the Products were fitted was not brought to the Seller’s service centre for warranty service;

9. 4.1.9.

   if the tyre was driven on with too low or too high inflation pressure;

10. 4.1.10.

    if the vehicle’s running gear is faulty (where this is related to the operation of the tyre);

11. 4.1.11.

    if incorrect wheel alignment is found.