Medela AG (“Medela”), warrants to the end-customer who has purchased the new product from Medela, its authorised distributor or its authorised retailer (“Customer”), that this product will be free from defects in workmanship and materials for one (1) year, if utilized according to the intended use as described in the product information and provided that any and all operating and maintenance instructions are strictly respected. No warranty is granted to the Customer for manual pumps. The warranty period begins on the proven purchase date (conclusion of purchase contract with the Customer by Medela, its authorised distributor or its authorised retailer) (“Warranty Period”).
Medela’s sole obligation under this express warranty shall be, at Medela’s discretion, to replace or repair the product or part(s) thereof (in case the product is not available, to deliver a similar type of product). In the event that the product or part(s) thereof are repaired or replaced under this Warranty, in general, the Warranty Period will not be extended. Regarding product or product part(s) repaired or replaced under this Warranty, Medela provides a warranty for any repaired or replaced product or product part(s) for a period of ninety (90) days from delivery of the repaired or replaced product, or through the end of the original warranty, whichever is longer. All products or parts that are replaced become property of Medela. This express warranty does neither cover consumables, nor third party products.
This is an additional warranty free of charge. It does not affect any legal claims or rights of the Customer under national laws on the sale of consumer products.
II. Obtaining Warranty Service
Customer has to contact the retailer where the product was purchased from, any authorised distributor of Medela or the Customer Service Centre indicated by Medela (“Medela Service Centre”) within the applicable warranty period to obtain warranty service authorisation. Medela shall have the right to charge an appropriate lump sum for additional costs for services under warranty (customs and import duties, interchange and shipping fees, logistics and administration), if the country where the warranty is claimed deviates from the country where the product was originally purchased. Medela is entitled to make its warranty services dependent on the actual settlement of these costs by the Customer.
Dated proof of purchase of the new product by the Customer from Medela, its authorised distributor or its authorised retailer, return of the defective product, and a description of the defect (incl. information on when the Customer has noticed the defect) will be required in order to obtain warranty services.
The return of defective products will be at the risk and expenses of the customer. Repaired or replacement products will be delivered to domestic customers free of charge.
III. Warranty Exclusion
Products purchased from non-authorised distributors, e.g. internet market places (including but not limited to eBay), auctions or other types of public sale are not covered by this warranty.
Medela shall not be liable if the alleged defect or malfunction was caused by Customer’s or any other person’s improper dealing with the product. This applies, in particular, for the following actions:
improper handling in disregard of operating instructions;
repair, modification or maintenance, etc. of the product which is not carried out by a Medela Service Center;
This warranty does not cover normal wear and tear or alleged defects or malfunctions caused by excessive load or stress, incorrect voltage or any other cause beyond the range of its intended use as well as by accident, fire, or other hazards, or other cause not due or attributable to Medela.
This warranty does not cover physical damage to the product or malfunctions resulting from the use of the product in conjunction with any sort of ancillary or peripheral equipment. In such cases, there is no defect of the product itself in the sense of this International Warranty.
IV. Governing Law and Place of Jurisdiction
This Limited Warranty shall be governed by the laws of Switzerland, excluding all conflict of laws principles and excluding the United Nations Convention on the International Sale of Goods dated 11 April 1980. The ordinary courts at the Medela registered office in Baar, Switzerland shall be competent. Medela shall, at its sole discretion, also be entitled to take legal action in the competent courts at the Customer’s place of business or domicile.