Terms & Conditions Kleyn Powertrain Warranty
To apply for the 1 month powertrain warranty (Kleyn Powertrain Warranty), the purchased vehicle has to meet the following:
This warranty is applicable to the powertrain of the sold truck. This contains:
Your warranty claims will be compared with our TÜV quality report. This report rates every vehicle for optical and technical features. We will assign a score to every section of this report, in line with the state and mileage of the vehicle. When a defect which occurs, or worsens during the warranty period is in line with the expected state of a vehicle, Kleyn maintains the right to reject the warranty claim.
The warranty period (30 days) starts from the dispatch date of the vehicle in our computer system.
If you want to file a claim, please contact Dave Nijssen trough [email protected] or +31 183 668 222.
When a defect happens due to lack of, or deficient maintenance, your warranty will be rendered invalid.
We refuse your warranty claim when the following occurs:
Your right for Kleyn Powertrain Warranty is waived when:
The vehicle is sold to a trader or trading agent
You bought off the warranty when you negotiated a discount on the advertised vehicle price
The maximum reimbursement of your warranty claim is a total of a thousand euro including VAT.
Warranty for used trucks
(valid from 1 june 2017)
§1 The parts to which this warranty applies:
1. The warranty applies to the – fixed mounted – mechanical, electrical and electronic components of the vehicle described in the special warranty terms as summarised below under 2. In all instances the right to compensation within the framework of this warranty depends on:
a) all maintenance activities prescribed and recommended by the Seller and/or the manufacturer being implemented in good time by the Seller or by a third-party specialist truck dealer subject to permission from the Seller;
b) the Buyer shall request the permission of the Seller or his appointed agent prior to each repair;
c) if the Buyer does not comply with one of the above preconditions then compensation on the basis of this warranty is excluded; the Buyer must provide evidence that non-compliance with the aforementioned requirements is not the cause of the damage in question;
d) the damage covered must be reported to the Seller or his appointed agent without delay and before commencing the repair.
2. The warranty covers the following parts:
The warranty covers the following components in accordance with the scope of the manufacturer’s supply. The following are excluded: all maintenance work incl. filters and V- belts and components subject to regular wear and tear such as brakes, clutch, exhaust, wheels and tyres.
Engine block: including the sump, cylinder lining, distributor with gear wheels and engine-driven power take-off up to the flange
(not including the powered axle and not including non- proprietary parts)
Cylinder head: including the valve section and the valve lining
Drive train: including the crankshaft, crankshaft bearings, connecting rod, big end bearing, piston including the piston rings and piston pin bushing
Valve controller: including the camshaft with ball bearings, camshaft drive, valve tappets, push rods, rocker arm with ball bearings, steering chain with gear wheel and chain tensioner
Diesel injection system: with injection pump, controller (LDA/MPA), injection
controller, power unit for the fuel pump, injection pumps and fuel preheating system
Lubrication system: including the oil pump, oil cooling system and pressure
Turbocompressor: including the intake and exhaust pipes with attachment
clamps and intercooler and the turbo-collector connector
Air compressor: including the power unit
Engine brake: including the brake valves cylinder with transmission components, engine brake valve, zero load starter cylinder, pneumatic control cylinder, engine tuning module and diverter valve
Cooling system: including the water pump, thermostat, ventilator and engine cooler (not the coolant reservoir)
Engine bearing: including attachment components
Alternator: including control unit and regulator
Starter: including attachment
Power steering pump: including power unit
Gearbox: including casing
Shafts: including the ball bearings, gear wheels, synchronisation and drive flange
Pre-gear change group: including housing, gear wheels, shafts and synchronisation
Post-gear change group: including housing, differential pinion gear, ball bearings and synchronisation
Gear changing unit: including the gear lever, gear lever handle, gear pin, gear rods, selector forks with guides and locking latches
Lateral drive: including the housing, gear wheels, shafts and ball bearings, synchroniser sleeve, gear shift fork, seals (but not including non-proprietary parts)
Lubrication system: including the oil pumps
Hydraulic retarder: including casing, turbine, ball bearings, pumps
Gear shift system including including all mechanical, electrical, electronic and
control system: pneumatic components
Gearbox: including casing, gear wheels, shafts, clutch, ball bearings, pumps, gearbox cover, oil sump and drive flange
Gearbox: including gear wheels, shafts, ball bearings, toothed couplings, oil pumps, start and drive flanges, self- locking differential, suspension andmountings
Gear shifts: including all mechanical, electrical, electronic and pneumatic components
Rear axle and powered front axle:
Axle housing: including conical and bevel gears with ball bearings, differential housing with gear wheels and shafts, differential clamps with selector fork and pneumatic cylinder, drive shafts, bearing for half shaft transfer casing, driving flanges, oil pumps
Planet shaft: including casing, planetary gear set, ball bearings, cover
Differential: including casing, differential bearings
Cardan shaft: Including vibration damper, centre bearings and their mountings
Retarder brakes: with full manufacturer’s warranty including control components
static & moving seals are not covered
Electronic control boxes and/or components:
ABS Brake control unit
CR Common Rail
EAS Electronic Shift Gearbox
ENR Height adjustment
EPB Electronic Brake Control
FLA Diesel Flame Start System
FR Injection system controls
GS Gearbox shift control
KOM Interface communications
MR Motor control
RS Control retarder
WS Maintenance system
Solely in connection with a covered claim regarding the drive train, the warranty also includes compensation for the following components: seals, locking washers, axle locking washers, pipes and tubes.
There is no warranty on:
a) components deemed inadmissible by themanufacturer;
b) operational and ancillary substances such fuel, chemicals, filter membranes, cooling and antifreeze fluids, hydraulic fluids, oils, grease and other lubrication materials;
c) components subject to wear and tear;
The policy holder must always submit a goodwill application to the manufacturer for each repair and – depending on the result – submit the warranty claim.
§2 Scope of the warranty, exclusions
In the event that a component covered by warranty no longer functions because of damage during the warranty term requiring repair, then the Buyer may claim for a repair in accordance with the scope provided for in these terms and conditions.
Regardless of other causes which may affect the claim, no warranty is offered to cover damage:
a) caused by an accident, that is to say a sudden and violent impact from a direct external source;
b) caused by deliberate or malicious acts, misappropriation, in particular theft, use by unauthorised persons, robbery and fraud, as a result of direct violence, as a direct result of a storm, hail impact, a lightning strike, an earthquake or flooding and fire or explosion;
c) caused by acts of war of any kind whatsoever, civil war, civil unrest, strikes, lock-out, confiscation or any other intervention by the government or other authorities or due to nuclear energy;
d) for which a third party acts or has acted as the manufacturer or supplier because of a repair order or because of another warranty agreement;
e) arising from participation in organised high-speed races or the associated speed trials;
f) arising because the vehicle has been exposed to higher axle or trailer loads than those established and permitted by the manufacturer;
g) arising from the use of unsuitable lubricants and fuels;
h) caused by changes/modifications to the original construction of the vehicle (e.g. engine tuning) or by fitting non-original components or accessories not approved by the manufacturer;
i) arising because of a component that was evidently urgently in need of repair, unless it can be demonstrated that the damage is not related to the need to repair the component or that the component had been at least provisionally repaired with the permission of the supplier at the time of the damage;
j) already present at the time when the vehicle was sold;
k) due to oxidisation and/or corrosion.
Furthermore, the following are not covered by warranty:
a) for claims arising from failure to carry out maintenance activities prescribed or recommended by the manufacturer which were supposed to be implemented by a company approved by the manufacturer. In exceptional cases, maintenance activities may also be carried out at the beneficiary’s own workshop on the condition that this was stated at the start of the warranty period and that exclusively original parts have been used;
b) claims caused by a failure to report the claim immediately and/or because the vehicle was not brought in for repair in due time;
c) claims arising as a result of not following the manufacturer’s instructions as set out in the operating instructions for the vehicle;
d) the costs and other expenses which are likely to arise from a defect or breakdown of the vehicles such as travel, telephone calls, telegrams, taxis, payments for standstill and unavailability of the vehicle or lack of employment for personnel, expenses, bills, restaurants or hotels, fines, hire of replacement vehicles, etc.
§3 Territory in which the warranty applies
The warranty applies to the entire European Economic Area:
Denmark, Finland, France, Belgium, Germany, Greece, United Kingdom, Italy, Ireland, Iceland, Liechtenstein, Luxembourg, Monaco, the Netherlands, Norway, Austria, Portugal, Sweden, Switzerland, Spain, Andorra, Poland, Moldavia, the Czech Republic and Hungary.
§4 Commencement and term of the warranty
The warranty commences on the day following the end of the manufacturer’s warranty on new vehicles.
The warranty for new vehicles applies as an exclusion to the warranty normally provided by the manufacturer, as contractually provided for, however limited to the maximum permitted kilometres, or the contractually stated period, depending on the type of vehicle.
The warranty cannot be transferred to a new owner.
The exclusions in the foregoing points apply following an infringement by the Buyer due to negligence or deliberate intent as regards his obligations. The Buyer is obliged to provide evidence that such negligence or deliberate intent does not exist.
§5 Limits on the warranty and contribution to expenses by the beneficiary of the warranty
5.1 The warranty covers the method deemed to be technically necessary to repair the damage/defects to the aforementioned covered components of the vehicle. The working hours that the manufacturer imposes and the repair workshop’s customary hourly rates are decisive for whether wages will be reimbursed. If the repair costs exceed the price of a replacement part which would normally be installed in the case of such damage, then the warranty claim will be limited to the replacement of that part (spare part or if the manufacturer cannot supply a spare part, a new part after consultation with Real Garant), including the costs of disassembly and assembly thereof.
5.2 The following are not covered by the warranty:
a) costs of testing, measurement and adjustment activities, insofar as these do not relate to damage covered by warranty;
b) compensation for consequential damage, insofar as this is not covered as described under §1;
c) air freight costs.
5.3 If repairs and inspections under warranty and not under warranty are performed at the same time, the duration of the repairs performed under warranty will be decided on the basis of the working hours applied by themanufacturer.
5.4 The costs of repairs under warranty are limited to the current market value (excluding VAT) of the vehicle at the time of the claim, where in every event it is necessary totake account of the period of normal use of the vehicle by the Buyer and, as the case may be, any actions on the part of the Buyer that have increased thedamage.
5.5 If the warranty undertaking includes a special exclusion, the compensation per claim calculated according to the foregoing conditions will be reduced by the agreedamount.
5.6 The warranty does not grant any right of annulment (cancellation of the purchase contract) or a discount (reduction of the purchase price) or compensation instead of performance pursuant to the purchase contract. The right to compensation implies actual repair of the damage; purely monetary payment is excluded.
§6 Prior conditions for granting services under warranty
6.1 The warranty has been contractually agreed between the Buyer and the Seller. The warranty only applies if the policy holder has complied with his contractual obligations towards his agent. The warranty is defined by the conditions accompanying the warranty certificate and the provisions of the Belgian Civil Code, and more specifically Articles 1641- 1649 on hidden defects and Articles 1649bis to 1649octies on the sale of consumer goods to the consumer. By signing the warranty certificate the Buyer expressly acknowledges that he has received the warranty terms, read them and indisputably accepts them.
6.2 After damage covered by warranty has been discovered, the beneficiary of the warranty shall immediately report this damage to the company that supplied the vehicle or its agent. These companies reserve the right to accept the vehicle for repair themselves or to refer the beneficiary of the warranty to another accredited garage.
6.3 The beneficiary of the warrantymust::
a) in the event of damage, submit the warranty booklet, the vehicle’s maintenance booklet and the technical inspection certificate, valid on the date of the damage;
b) refrain from changing the odometer or from intervening in any otherway;
c) report any defect or replacement of the odometer, stating the number of kilometres at the time, without delay;
d) comply with the maker’s prescribed maintenance and servicing sessions.
§7 Handling of warranty claims
7.1 The Buyer shall always report a claim to the Seller without delay before commencing repairs and make the vehicle available for repair. The Seller shall perform the repair or designate a suitable garage. If the breach of this obligation by the Buyer hinders the investigation into the circumstances under which the damage was caused or the scale of the damage covered then the Seller shall be released from performance of thewarranty.
7.2 If the Seller is unable to repair the vehicle (e.g. if the vehicle is abroad) then another approved garage can carry out the repair following prior, express consent in the form of an approval number with the relevant amount for the repair issued by the Seller or its agent.
The repair invoice must be drawn up in the name of the Seller and must be sent to the Seller within one month following the invoice date. The repair invoice must state details of the work done, the prices of replacement parts and labour costs with the applicable hourly rates, and also the approval number of the repair.
7.3 The Buyer must provide all information required with a view to determining the damage and agree to an investigation at any time into the damaged parts. The Buyer shall make replaced parts available on request.
7.4 On request, the Buyer must submit a written damage claim and submit or send the relevant original invoices as evidence regarding the maintenance performed.
7.5 The Buyer shall limit the damage as far as possible and follow the instructions of the Seller or its agents in this regard.
§8 Limitation period
All warranty claims shall lapse within six months after the damage has occurred.
§9 Provision regarding defective materials
This warranty respects the Buyer’s statutory rights without reservation as provided for in the Belgian legislation on the sale of consumer goods.
§10 Appointed agent
The Seller’s appointed agent with regard to these warranty conditions is the insurance company Real Garant Versicherung AG, Belgian office, Industriepark West 73, 9100 Sint- Niklaas, registered with the CBFA under number 2276.