ATE (UK) LTD TOWMATE WARRANTY POLICY

ATE (UK) Ltd warrants upon the terms and subject to the limitations set out herein (and subject also to our general terms and conditions of trading which can be found here https://ate-uk.com/terms-and-conditions/) that each new and unused item of equipment (each being a “Product”) is of good workmanship and is free from mechanical defects (the “Warranty”). Subject to the terms and limitations set out herein, ATE (UK) Ltd will replace or repair any Product which is found to not be of good workmanship or to have mechanical defects.

NO AUTHORIZED ATE (UK) LTD DISTRIBUTOR HAS AUTHORITY TO MAKE ANY REPRESENTATION OR PROMISE ON BEHALF OF ATE (UK) LTD, OR TO ALTER OR MODIFY THE TERMS OR LIMITATIONS OF THIS WARRANTY IN ANY WAY.

This Warranty is conditional on a Warranty Registration Form, (the “Warranty Registration Form”) being completed, signed and returned to ATE (UK) Ltd by the original purchaser within 14 days of the delivery of the Product to the original purchaser from ATE (UK) Ltd or from delivery to the original purchaser from an authorized ATE (UK) Ltd Distributor (the “Purchaser”). Failure to provide the Warranty Registration Card will invalidate the Warranty.

Depending on the type of Product (see ‘Warranty by Product Category’ below), Products are warranted for a period of up to three (3) years from the date of purchase by the Purchaser (the “Warranty Period”), against defects in materials or workmanship under normal use in service, subject to the limitations that are detailed below.

The Warranty Period begins on the date of purchase of the Product by the Purchaser. The benefit of this Warranty shall be exclusively for the Purchaser and does not and shall not in any way be relied upon by the Purchaser’s successors or assigns. ATE (UK) Ltd excludes any and all liabilities it may have or be deemed to have in respect of any successors or assigns howsoever arising.

This Warranty applies only to the structure of the trailer. This Warranty does not apply to any fixture and fittings (internal or external); or other ancillary items associated with the Product (each being an “Ancillary Product”), the warranty for which will be provided by the relevant OEM manufacturers warranty as provided with such Ancillary Products. Furthermore, and without limitation to the foregoing, this Warranty does not apply to any wearing products such as bearings, brake shoes and tyres and/or any other wearing item or normal consumable items (each being a “Consumable Product”) unless it can be demonstrated that any such Consumable Product was defective prior to any use, in which case such Consumable Product will be subject to the terms of this Warranty.

The Warranty does not cover and ATE (UK) Ltd shall in no way be liable for any faults arising from or damage caused by:

• improper or incorrect installation of a Product including, without limitation, the Product being installed and/or operated otherwise than in accordance with any instructions provided by ATE (UK) Ltd with the
• any misuse of the Product (including use of the Product after any damage or defect has been or should have been identified by a Purchaser), user negligence (whether or not intentional) and/or any accident-causing damage to the Product howsoever arising including, without limitation, the Product not being used under normal operating conditions for which is it
• lack of proper maintenance of the Product including, without limitation, lack of lubrication, protection and/or maintenance under the supervision of suitably qualified persons and documented by such.
• use of any spares, other than spares supplied by ATE in connection with the maintenance of the
• any alterations or repairs made to the Product by anyone, including Authorized ATE (UK) Ltd Distributors and/or ATE (UK) Ltd

Unless otherwise authorized by ATE (UK) Ltd, ATE (UK) Ltd reserves the right to determine if any ATE (UK) Ltd part(s) is defective and to repair such part(s) as it elects. This Warranty covers shipping costs of the defective parts.

Warranty by Product Category:

Towmate Trailer Steel Chassis:             1 year from Date of Purchase or 3 Years from Date of Purchase in cases                                          where the buyer has subscribed for our aftercare service, in both casesinrespectof materialsandworkmanship

Towmate Trailer Steel Trailer Body:       1 year from Date of Purchase or 3 Years from Date of Purchase in cases where the buyer has subscribed for our aftercare service, in both cases in respect of materials and workmanship

All other Parts/Ancillary Items:               As per the OEM Manufacturer’s warranty*

*The warranty is covered by the component manufacturer. Please refer to the component manufacturer’s warranty statement that is included in the applicable owner’s manual.

Any replacement and exchange parts provided by ATE (UK) Ltd or repairs undertaken by ATE (UK) Ltd to a Product will be warranted for the remainder of the original warranty, or for a period of ninety (90) days, whichever is the greater.

Limitation of Liability

NEITHER ATE (UK) LTD, NOR ANY COMPANY AFFILIATED WITH IT, MAKES ANY WARRANTIES, REPRESENTATIONS OR PROMISES AS TO THE PERFORMANCE OR QUALITY OTHER THAN AS SET OUT HEREIN. NEITHER ATE (UK) LTD, NOR ANY COMPANY AFFILIATED WITH IT, SHALL BE LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR RESTITUTION, OR FOR BREACH OF STATUTORY DUTY OR MISREPRESENTATION, OR OTHERWISE, FOR ANY LOSS OF PROFIT; LOSS OF GOODWILL; LOSS OF BUSINESS; LOSS OF BUSINESS OPPORTUNITY; LOSS OF ANTICIPATED SAVING; LOSS OR CORRUPTION OF DATA OR INFORMATION; AND/OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGE SUFFERED BY THE PURCHASER. THE LIABILITY OF ATE (UK) LTD TO THE PURCHASER FOR DAMAGES ARISING OUT OF THE MANUFACTURE, SALE, DELIVERY, USE, OR RESALE OF THE PRODUCT SHALL BE LIMITED TO AND SHALL NOT EXCEED THE COST OF REPAIR OR REPLACEMENT OF DEFECTIVE PARTS. THIS WARRANTY DOES NOT AFFECT ANY PURCHASER’S STATUTORY RIGHTS UNDER APPLICABLE NATIONAL LEGISLATION IN FORCE, NOR THE PURCHASER’S RIGHTS AGAINST THE RETAILER ARISING FROM THE SALES/PURCHASE CONTRACT. IN THE ABSENCE OF APPLICABLE NATIONAL LEGISLATION, THIS WARRANTY WILL BE THE PURCHASER’S SOLE AND EXCLUSIVE REMEDY. NOTHING IN THIS WARRANTY SHALL LIMIT OR EXCLUDE THE LIABILITY OF ATE (UK) LTD FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE IN RESPECT OF THE MANUFACTURE OF THE PRODUCT; OR FRAUD OR FRAUDULENT MISREPRESENTATION.

Warranty Claim Procedures

ALL CLAIMS MUST BE MADE WITHIN FOURTEEN (14) DAYS FROM THE DATE ON WHICH THE PURCHASER BECOMES AWARE OR SHOULD HAVE BECOME AWARE OF ANY DAMAGE OR DEFECT WITH THE PRODUCT.

Unless the product is purchased directly from ATE (UK) Ltd, all Warranty claims by the user should be made directly to an authorized ATE (UK) Ltd Distributor, preferably the one where from which the Product was purchased, unless otherwise authorized by ATE (UK) Ltd in writing.

To obtain warranty service, the Purchaser should return any defective Products to ATE (UK) Ltd themselves or any authorized ATE (UK) Ltd Distributor during the Warranty Period. Repair or replacement of parts shall be undertaken by ATE (UK) Ltd or the relevant authorized ATE (UK) Ltd Distributor only after the Product has been inspected by ATE (UK) Ltd and ATE (UK) Ltd has determined that the Warranty applies.

In accordance with ATE’s Return Policy which can be found on our website, all Products or parts returned must be accompanied by a warranty claim, proof of sales and Return Authorization (“RMA”) number which must be obtained from the ATE (UK) Ltd Customer Service Department before Products are returned to ATE (UK) Ltd or an authorized ATE (UK) Ltd Distributor. Any parts will be tested at ATE (UK) Ltd (unless other arrangements have been made with an authorized ATE (UK) Ltd Distributor) to validate any claim under this Warranty.

ANY CLAIMS MADE WITHOUT PROPER DOCUMENTATION WILL AUTOMATICALLY BE REJECTED AND THE COSTS OF RETURNING THE PARTS AND/OR PRODUCT WILL BE CHARGED TO THE PURCHASER WITH NO FURTHER ACTION TAKEN ON THE CLAIM. ANY PRODUCT RETURNED DISASSEMBLED AND/OR WITH MISSING COMPONENTS WILL AUTOMATICALLY BE REJECTED AND THE COSTS OF RETURNING THE PARTS AND/OR PRODUCT WILL BE CHARGED TO THE PURCHASER WITH NO FURTHER ACTION TAKEN ON THE CLAIM.

ATE (UK) LTD RESERVES THE RIGHT TO ALTER ANY PROGRAM OR DETAILS, PRODUCT DESIGN OR CONSTRUCTION, PRICES AND SPECIFICATIONS, WITHOUT NOTICE AND WITHOUT INCURRING ANY OBLIGATION