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WARRANTY AND COMPLAINT CONDITIONS OF MITAS TYRES

These Warranty and Complaint Conditions apply from January 1st, 2014 for tyres manufactured by MITAS a.s., IČO 000 12 190, domicile Švehlova 1900/3, Záběhlice, 106 00 Praha 10, including tyre assemblies using these tyres, which were purchased as part of a new machine/vehicle (Original Equipment), with the exception of aircraft tyres.

  • 1. General Provisions

    For purposes of these Warranty and Complaint Conditions the following applies:

    • 1.1 A tyre assembly is understood to be a tyre, manufactured by Mitas, together with its inner tube and flap fitted on the rim, inflated with the medium prescribed. The technical parameters of the MITAS tyres are a component part of its catalogues issued, and are based on the respective international standards and recommendations (E.T.R.T.O.)
    • 1.2 Mitas is understood to be the company MITAS a.s., IČO 000 12 190, domicile Švehlova 1900/3, Záběhlice, 106 00 Praha 10.
    • 1.3 Goods are understood to be tyres manufactured by Mitas and tyre assemblies completed including these tyres.
    • 1.4 The purchaser is understood to be a natural or legal person (hereinafter referred to as „person“), that under a purchase contract with Mitas purchases goods.
    • 1.5 The seller is understood to be a person that sells goods to another person. The seller is not understood to be Mitas.
    • 1.6 The customer is understood to be the person that is the owner of the goods under complaint.
  • 2. Management of tyres and tyre assemblies

    • 2.1 The Method of managing tyres must be in accordance with the given regulations of their use contained in the catalogues, leaflets and technical information of Mitas, in conjunction with the documentation of the given machine/vehicle.
    • 2.2 Rims, inflations, loading capacities and other technical data are specified in the Mitas catalogues. Specific data are available in the machine/vehicle documentation.
    • 2.3 The inflation specified for the given machine/vehicle must be adhered to during the whole period of its service life. During the use thereof, the extent of wear of the tyres must be monitored. The service life of a tyre may be negatively influenced by incorrect inflation or by poor machine/vehicle condition.
    • 2.4 The load capacity of a tyre is given with respect to its inflation and to the maximum speed of the machine/vehicle.
    • 2.5 Only undamaged tyres with the minimum tread-depth above that prescribed by the respective decree of the given country may be used in service.
    • 2.6 When mounting the tyres, only specified rims may be used which must be checked in advance for possible damage. They must be devoid of any impurities and those of metal, must be provided with a protective paint. For facilitating the mounting operation, special assembly paste should be used. In no case should oil based agents be used.
    • 2.7 When tyres are used in twin fitment, the maximum allowable difference in external diameter of unloaded tyres is 2 %. The tyres must follow minimum dual spacing requirements.
    • 2.8 The service load of the machine/vehicle must be distributed in such a way, so that the individual tyres are not overloaded.
  • 3. Goods under complaint

  • 3.1 According to this Article the following shall apply: delivery quantity errors, incorrect goods delivered and defective goods
  • 3.2 The purchaser is obliged to receive the goods and perform their physical inspection in terms of the quantity, performance, type and obvious defects. The complaint of goods must be set up in writing on the prescribed form – Unloading Error Report. Verbal or phone complaints are not taken into consideration.
    Confidential – Company proprietary – Original is displayed on intranet – Unauthorized print-out is for information only.
    Page 2 of 3
    Attachment No. 1 to V20.01-SP, issue 3
    In the event of appearance complaints of a tyre, the complainant is also obliged to submit a photo with the description of the defects stated.
  • 3.3 The defects are solved by mutual consent with the purchaser by way of a repair, a replacement or a price rebate.
  • 3.4 If after 10 days of having supplied the respective delivery no complaint is set up, it is understood that the goods are correct and have been delivered in the required quantity, with no obvious defects.
  • 4. Warranty Conditions

  • 4.1 Warranties
    • 4.1.1 Mitas provides a 24 month warranty period on supplied tyres and tyres which are part of the tyre assemblies. Warranty extends from the date of sale to the customer, but is not more than 60 months from the date of manufacture. The date of manufacture is given by the DOT code or by the serial number. Mitas warrants that, when handing over the product to the customer, at least one from both indications is perceptible.
    • 4.1.2 Mitas provides 24 months warranty from the date of sale on tyres bought as a part of new machine/vehicle (Original Equipment). In case of complaints of tyre which is a part of tyre assembly warranty applies in accordance with section 4.1.1.
    • 4.1.3 The warranty is only given to manufacturing or material defects limiting the usability of the given tyre. The warranty does not apply to the defects caused by unsuitable use or mounting of the tyre without any direct connection with the manufacturing technology. This means that the warranty cannot be applied in the following cases:
      • - when the tyre shows incompetent interventions
      • - when the prescribed inflation, loading or the maximum admissible speed have not been maintained
      • - when an unsuitable or damaged disc wheel has been used
      • - when unsuitable inner tubes or flaps have been used
      • - when the tyre has been damaged when mounted
      • - when the tyres have been used to another purpose than constructed without Mitas´ written consent
      • - when the tyres have been used for a higher loading than the maximum load capacity of the tyre
      • - in the event of irregular wear caused by a bad technical condition of the given machine/vehicle
      • - when mechanical damage of the tyre has occurred during its service
      • - when the tyres were in contact in case of a twin mounting
      • - when the tyres were retreaded or otherwise repaired (a foreign repair which could adversely influence the defect complained)
      • - when the tyres have been inflated without Mitas´ consent with another medium than air or by an inert gas
      • - when the tyres have been damaged by substances of oil origin or by other chemicals (propellants, fuels, lubricants, acids, lyes, solvants etc.), by action of high temperatures (heating sources, brake drums), by fire or by circumstances beyond control (vis major)
      • - when a natural wear has occurred etc.
    • 4.1.4 In addition to this, Mitas does not bear any responsibility for damage caused, when the customer has been supplied by a third party with unsuitable or damaged tyres and such damage has occurred owing to unsuitable handling of such tyres or when having used them.
    • 4.1.5 Only the purchaser may submit the complaint to Mitas. Complaints of third parties will not be accepted. The complaint can also be submitted by the person that purchased Mitas tyres as a component part of a new machine/vehicle (Original Equipment). Proof of purchase is required.
    • 4.2 Lodging of a complaint
      • 4.2.1 Complaint must be submitted by the customer to the purchaser or other seller immediately after having found a defect. Complaint must be applied by the purchaser without undue delay in writing in the form of completed Complaint Inquiry Form, which is enclosed to these conditions, of a questionnaire WDK or of another document which is generally being used on the given territory and which contains complete data necessary for settling the given complaint. When there is not any complaint questionnaire available, the complaint report must contain at least the following data:
        • - name and address of the purchaser who is setting up the complaint and his complaint number
        • - name and address of the customer (end user)
        • - complete dimension of the tyre claimed (dimension, PR or LI/SS, Reinf. or normal, pattern, type TT/TL, trade mark)
        • - date of manufacture in DOT including the code of the manufacturing factory, eventually, serial number
        • - description of the defect claimed
        • - pictures of the defect
        • - residual depth of the tread groove (the height of the lug)
        Confidential – Company proprietary – Original is displayed on intranet – Unauthorized print-out is for information only.
        Page 3 of 3
        Attachment No. 1 to V20.01-SP, issue 3
        - date of setting up the complaint and signature
        In addition to the above mentioned data, it is necessary to report also the way of acquisition of the complained goods (cash-office document, invoice number, bill of lading or delivery note), in the event of purchasing on a machine/vehicle (Original Equipment), the date of purchasing the machine/vehicle.
      • 4.2.3 The complaint procedure starts on the day that the purchaser submits the complete documentation as mentioned above and reason for the complaint, respective photographs, from which the defect may be assessed. On the basis of the data provided, the justification of the complaint and the amount of the eventual settlement may be decided. Mitas retains the right to perform an inspection of the complaint tyres by its technicians and only then to decide the justification of the given complaint. In the event of a remote complaint, the customer is required to retain the complaint tyre for a period of 60 days for possible inspection. The complaint tyres must be demounted from their rims. They must be clean, marked with the complaint reference number and with the complaint defect marked.
    • 4.3 Termination of the complaint procedure Mitas will provide compensation for an accepted complaint within 30 days of acceptance, in the form of:
      • a) Repair of goods free of charge
      • b) Replacement of defective goods
      • c) Reasonable discount from the purchase price by the amount of residual tread depth. When assessing the amount of the complaint settlement, it is calculated from the price, for which the MITAS a.s. tyres are actually distributed on the given territory.
      In the event of performance that could be considered as a substantive breach of contract, the customer may withdraw from the contract. When the complaint tyre has been handed over to Mitas and the complaint has not been justified, the purchaser, the seller or the customer are obliged to inform Mitas, within the period of 30 days, whether they will take back the tyre or not. If the complaint tyre is not taken back or refused to be taken back within that period, the tyre will be scrapped by Mitas without compensation. Mitas is entitled to reimbursement of expenses in case of unjustified complaints or repeated unreasonable complaint in which it could be deduced that this is a misuse of rights by the purchaser, seller or customer.
    • 5. Final provisions

      These complaint conditions are effective for the tyres manufactured by Mitas included in the quality categories IA, and DA.
      • - the category IA means a tyre without any defects
      • - the category DA means a tyre with slight appearance defects which do not affect its usability. The tyres of the DA category are marked with capitals DA branded on the sidewall of the tyre (over the last letters of the trademark) and with a yellow self-adhesive tape with black DA inscriptions.

    In Prague, on April 11th, 2014

    JUDr. Jaroslav Čechura
    General Manager MITAS a.s.