Terms of Liability for Nokian branded products?
These Terms of Liability cover raw material and manufacturing defects in Nokian branded tyres made by or for Nokian Tyres plc (“Nokian Tyres”) or another company belonging to the Nokian Tyres Group. The liability remains effective for five (5) years after the manufacture of the tyre. The liability under these Terms of Liability shall not be valid in the United States or Canada. If a raw material or manufacturing defect is detected in the tyre in the manufacturer's inspection, the manufacturer shall be liable for this defect in accordance with these Terms of Liability.
These Nokian Tyres' Terms of Liability shall not apply in the following cases:
a) normal wear and tear;
b) incorrect use or use against the given instructions;
c) use in car racing or other such exceptional conditions;
d) incorrect mounting on rim;
e) incorrect storage of the tyre by a party other than Nokian Tyres or its authorized contractor;
f) incorrect studding implemented by a party other than Nokian Tyres or its authorised contractor;
g) alterations or repairs of the tyre conducted by a party other than Nokian Tyres or its authorised contractor;
h) damage caused by other party than Nokian Tyres or its authorized contractor, such as damage caused by transport or mounting;
i) damage caused by chains or other accessories;
j) incorrect or incomplete information or instructions given to the customer and not confirmed or approved by Nokian Tyres;
k) other issues comparable to those mentioned in paragraphs a) - j) that are beyond Nokian Tyres' scope of influence; or
l) defective appearance, when lower quality rate is indicated in conjunction with the tyre's quality classification and compensated in the form of a lower price (DA tyres)*.
Notwithstanding the aforesaid regarding the validity of Nokian Tyres' liability, these Terms of Liability apply only as long as the defective tyre's groove depth fulfils the statutory requirements of the country of sale.
In order for Nokian Tyres' liability to apply, the customer must notify Nokian Tyres' authorised dealer of the defect within two (2) months from detecting the defect or from the moment when the defect should have been detected.
The customer must immediately return the defective tyre to the authorised tyre dealer.Nokian Tyres shall pay any normal costs arising from the return, if Nokian Tyres later finds out that the tyre is defective as outlined in these Terms of Liability. If the tyre is found to be free from defects, Nokian Tyres shall charge the transport costs from the customer. The tyres that are found to be defective shall not be returned to the customer. Replacing a defective tyre with a tyre that is free from defects or alternatively the compensation defined later in these Terms of Liability shall constitute the appropriate total reimbursement for the defective tyre.
If Nokian Tyres' inspection reveals a raw material or manufacturing defect in the tyre, according to the Nokian Tyres' preference, the tyre shall be replaced with a new tyre that is free from defects or the tyre's remaining value, calculated on the basis of the remaining groove depth, shall be compensated. The remaining value of the tyre shall be calculated on the basis of the remaining groove depth and the minimum groove depth stipulated in the legislation of the country of sale, and according to the market price of the tyre model, size, and type in question at the moment of return.
Nokian Tyres shall not be liable for any mounting or balancing costs of tyres found to be defective, unless otherwise required by local mandatory law.
Nokian Tyres shall not be liable for any damage, and these Terms of Liability shall not apply, in cases of force majeure or other issues beyond Nokian Tyres' scope of influence.
Nokian Tyres' liability shall be limited to the aforesaid, and shall only be valid as stipulated in these Terms of Liability. Nokian Tyres shall not under any circumstances be held liable for any indirect or incidental damage, loss of business income or other profit or any other economic damage, or for any damage caused by the inability to use the tyre.????????
These Terms of Liability shall be valid only in the country of retail sale** where the tyre covered by these Terms of Liability was purchased, and provided further that Nokian Tyres has originally intended the tyre to be sold in the country in question.
These Terms of Liability shall be governed by and construed in accordance with the laws of Finland. These Terms of Liability shall not limit the customer's rights under the local mandatory law.?
DA = Defective appearance