SERVICE TERMS AND CONDITIONS

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1. About These Terms and Conditions

   1. Purpose.

      The purpose of these Terms is to establish the terms and conditions governing the Warranty and the Out-of-Warranty Service offered by us to you.

   2. Why you should read these Terms carefully.

      Please read these Terms carefully before making a purchase of Milwaukee product(s). By placing an order for our product(s), you agree and consent to be bound by these Terms, together with our Privacy Policy, Terms of Use and Terms and Conditions of Sale (if you make a purchase from us through our Website). You may save or print a copy of these Terms for your future reference.

   3. Definitions.

      “Authorized Channels” means our Website and the Authorized Dealers, and “Authorized Channel” means any one of them;

      “Authorized Dealers” means our authorized dealers in Thailand listed on our Website at https://www.milwaukeetool.in.th/where-to-buy/, and “Authorized Dealer” means any one of them;

      “Authorized Warranty Service Providers” means our Authorized Dealers who provide Warranty Service on our behalf listed in Schedule 1 attached hereto, and “Authorized Warranty Service Provider” means any one of them;

      “Business Days” means any day that is not a Saturday, Sunday, or public holiday in Thailand;

      “Company”, “we”, “our” or “us” means Milwaukee Tool (Thailand) Company Limited (Company Number: 0105558005717), a limited liability company incorporated in Thailand with the registered office at 65/116-117 Chamnan Phenjati Building, 14/F, Rama 9 Road, Huaykwang, Bangkok, 10310 Thailand;

      “Defects” means, in respect of a Product, the defects in materials and workmanship (fair wear and tear excepted); and “Defect” means any one of them;

      “Irreparable Products” means Milwaukee batteries, chargers, lighting products, M12 Cross Line and Plumb Point Laser Level and M12 3-Plane Laser Level, and “Irreparable Product” means any one of them;

      “Out-of-Warranty Service” means the chargeable repairment or replacement of the defective or faulty part(s) or Product after the Warranty Period has expired;

      “Products” means all Milwaukee products except accessories, hand tools, workwear, personal protective equipment and PACKOUT products, and “Product” means any one of them;

      “Reparable Products” means the Products whose Defects can be repaired, and “Reparable Product” means any one of them;

      “Replacement Product” means a new product which replaces the defective or faulty Product, and which is of the same model or a similar model or with similar efficiency and functionality, as determined by Warranty Service Provider at its sole and absolute discretion;

      “Service Center” means our service center at 65/27 Chamnan Phenjati Building, G/F, Rama 9 Road, Huaykwang, Bangkok, 10310 Thailand;

      “Terms” means these terms and conditions;

      “Warranty” means the warranty given by us to you in respect of a Product pursuant to these Terms;

      “Warranty Period” means the warranty period applicable to a Product, commencing from the date of purchase of such Product, as stipulated in Clause 2.2;

      “Warranty Service” means the free-of-charge repairment or replacement of the defective or faulty part(s) or Product;

      “Warranty Service Provider” means either we or any Authorized Warranty Service Provider, as the case may be;

      “Website” means https://www.milwaukeetool.in.th/; and

      “you” means a customer who purchased a Product from any Authorized Channel.

2. Warranty Coverage

   1. Coverage.

      The Warranty covers the Defect(s) of a Product for the Warranty Period. If there is any defect or fault in a Product caused by Defect(s) within the relevant Warranty Period, and such defect or fault is notified by you to Warranty Service Provider during the relevant Warranty Period, upon Warranty Service Provider’s confirmation that such defect or fault is due to Defect(s), Warranty Service Provider will provide the Warranty Service, unless otherwise specified in these Terms.

   2. Warranty Period.

      Product	Warranty Period (from the date of purchase)	Remarks
      MX FUEL tool, battery & chargers	Two (2) years	*One (1) more year extension of the Warranty Period can be redeemed through the Service Plus Rewards program.
      M12 tool, battery & chargers	Two (2) years	*One (1) more year extension of the Warranty Period can be redeemed through the Service Plus Rewards program.
      M18 tool, battery & chargers	Two (2) years	*One (1) more year extension of the Warranty Period can be redeemed through the Service Plus Rewards program.
      M18 REDSTART	Two (2) years	-
      Heat Gun Product	Six (6) months	*One (1) more year extension of the Warranty Period can be redeemed through the Service Plus Rewards program.
      Other products	One (1) year	-

3. Warranty Conditions

   1. Conditions.

      In order to enjoy the Warranty, you must:

      1. have registered the Product for Warranty through our Website within thirty (30) days from the date of purchase; and
      2. notify Warranty Service Provider in writing of the Defect(s) and deliver the Product to Warranty Service Provider within the relevant Warranty Period. For the avoidance of doubts, the date of receipt of the Product by Warranty Service Provider must be within the relevant Warranty Period.

   2. Exclusions.

      The Warranty shall not apply if:

      1. the original purchase receipt, or a scanned or photocopy of the original purchase receipt, is not presented (any damaged or otherwise altered receipt will not be accepted). Notwithstanding the foregoing, for any purchase through our Website, the electronic receipt sent by us in a shipping confirmation email or a print therefrom constitutes the original purchase receipt for the purposes of these Terms;
      2. the Product was not purchased from any Authorized Channel, including but not limited to parallel imported product and counterfeit product;
      3. the Product was not at all times used under normal conditions and according to the instructions of the operation manual;
      4. the Product has been damaged or become defective or faulty due to the use of counterfeit or incompatible batteries, chargers or accessories;
      5. any defect or fault in the Product is resulted from incorrect installation, configuration, usage, inadequate or improper voltage or current or other activities inconsistent with the operation manual or contradictory to the technical specifications relating to the Product;
      6. any defect or fault in the Product is caused by acts of God, floods, fires, lightning or other natural disasters, wars or any other extraordinary events or circumstances beyond your control;
      7. the Product has been modified, altered or tampered with in any way by unauthorized persons, including reconfiguration, repairs made or attempted, willful constructional variations, modifications and adjustments;
      8. any defect or fault in the Product was caused by sand, water damage, rust corrosion, fire or other external elements;
      9. the Product has been abused or misused, including without limitation, being dropped, impacted with a hard surface and not maintained properly;
      10. the serial number of the Product has been altered or removed from the Product or is illegible;
      11. any software supplied or developed by third-party manufacturer(s) or vendor(s) is installed on the Product;
      12. the production of the Product, its accessories and/or spare parts has been discontinued.

4. Procedures

   1. Claim Procedures.

      1. Once you have discovered a defect or fault in the Product, you shall notify Warranty Service Provider in writing and deliver the Product to Warranty Service Provider at your own costs.
      2. After receipt of the Product from you, Warranty Service Provider will inspect the Product and determine, in its sole and absolute discretion, whether the defect or fault in a Product is covered by the Warranty. Within two (2) Business Days from the date of receipt of the Product from you, Warranty Service Provider will inform you whether such defect or fault discovered by you is covered by the Warranty; and if yes, Warranty Service Provider will also provide you with an estimate of the time needed for the Warranty Service.

   2. Time.

      The estimated time needed for the Warranty Service provided to you pursuant to Clause 4.1(b) is an estimate only, and shall not be of the essence.

   3. Completion.

      Warranty Service Provider will notify you using the contact information provided by you once the Warranty Service is completed. You may choose to either collect the Product at our Service Center or Authorized Warranty Service Provider’s place of business (as the case may be), or have the Product delivered to you. If you choose to collect the Product at our Service Center or Authorized Warranty Service Provider’s place of business (as the case may be), please collect the Product within three (3) months from the date of notification of completion of the Warranty Service. If the Product is not collected within this three (3)-month period, Warranty Service Provider reserves the right to dispose of the Product in its sole and absolute discretion without further notice to you, and you shall have no claims or rights against us and/or Authorized Warranty Service Provider in relation to the Product.

5. Warranty Service

   1. Warranty Service for Reparable Products.

      In respect of Reparable Products, the same defective or faulty part will be repaired free-of-charge only for a maximum of two (2) times during the Warranty Period. If the same part is defective or faulty again, the whole Product will be replaced with a Replacement Product, after which no more Warranty Service (other than calibration service as described in Clause 5.3 and oil change service as described in Clause 5.4) will be provided.

   2. Warranty Service for Irreparable Products.

      In respect of Irreparable Products, Warranty Service Provider will replace the defective or faulty Product with a Replacement Product for only once during the Warranty Period.

   3. Calibration.

      In addition to the Warranty Service described in Clause 5.1 or 5.2, if a Product is any of the products listed in Schedule 2 attached hereto and requires calibration, a maximum of two (2) times’ free-of-charge calibration service is offered during the Warranty Period.

   4. Oil change.

      In addition to the Warranty Service described in Clause 5.1 or 5.2, if a Product is any of the products listed in Schedule 2 attached hereto and requires oil change, a maximum of four (4) times’ free-of-charge oil change service is offered during the Warranty Period.

6. Out-of-Warranty Service

   1. Eligibility.

      We offer chargeable Out-of-Warranty Service for Products, provided that Clause 3.1(a) is complied with. Clause 3.2 shall also apply mutatis mutandis.

   2. Inspection.

      If you have discovered a defect or fault in the Product after the Warranty Period has expired, you may notify us in writing of the Defect(s) and deliver the Product to us at your own costs. We will inspect the Product.

   3. Out-of-Warranty Service for Reparable Products.

      In respect of Reparable Products, we will provide you with an estimate of the cost and time needed for the repair. We will repair the Product only after you have provided your consent. You must pay the cost for the Out-of-Warranty Service in full before the repaired Product can be returned to you. Clauses 4.2 and 4.3 shall apply mutatis mutandis.

   4. Out-of-Warranty Service for Irreparable Products.

      In respect of Irreparable Products, we will offer you a discount to purchase a Replacement Product.

   5. Limited warranty.

      The repaired part(s) or the Replacement Product (as the case may be) will be covered by a limited warranty of one (1) month from the date of completion of the repair or the replacement (as the case may be).

   6. Authorized Warranty Service Providers’ Out-of-Warranty Service.

      Authorized Warranty Service Providers may also offer chargeable Out-of-Warranty Service for Products. However, we shall in no event be responsible or liable for any loss or damage of any kind caused by or arising out of or in connection with the offer, provision or use of any Authorized Warranty Service Provider’s Out-of-Warranty Service, including, without limitation, the collection, use, processing, storage and/or transfer of your personal data by any Authorized Warranty Service Provider for the purpose of providing Out-of-Warranty Service.

7. Additional Terms for Warranty Service and Out-of-Warranty Service

   1. Reset.

      Warranty Service Provider may reset the Product’s settings to factory default settings in the course of the Warranty Service and/or Out-of-Warranty Service, without prior notice and without any liability.

   2. Substitute product or part.

      If Warranty Service Provider determines, in its sole and absolute discretion, that the model of the Product, or any part thereof, has been discontinued or is otherwise unavailable, Warranty Service Provider reserves the right to replace the Product, or any part thereof, with a product or part of a similar model or with similar efficiency and functionality.

   3. Replaced defective or faulty Product(s) or part(s) are not returnable.

      Any and all defective or faulty Product(s), or part(s) thereof, which is/are replaced shall become our property, and are not returnable.

8. Data Privacy

   1. How we deal with your personal information.

      The personal information collected from you in connection with the Warranty and/or Out-of-Warranty Service will be used, processed, stored and/or transferred for the purposes of, inter alia, providing you with the Warranty Service and/or Out-of-Warranty Service,exercising any rights under these Terms, and in accordance with our Privacy Policy.   

9. Limitation of Liabilities and Disclaimer

   1. Limitation of liabilities.

      In respect of a Product that has Defect(s), your sole and exclusive remedy shall be the Warranty Service and/or the Out-of-Warranty Service provided hereunder. Except as provided in these Terms and to the maximum extent permitted by law, we, our affiliates, our Authorized Warranty Service Providers, and our respective directors, officers, employees and agents, shall not be liable for any damages, losses, costs, expenses, liabilities, or claims whatsoever, whether direct, indirect, special, punitive, incidental, or consequential, in contract, tort (including negligence), under statute or otherwise, save for wilful misconduct, arising out of or in connection with the Warranty and/or Out-of-Warranty Service.

   2. Disclaimer.

      To the maximum extent permitted by law, the Warranty and the Out-of-Warranty Service hereunder are in lieu of all other warranties, representations, or conditions of any kind whatsoever, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy.

10. General

    1. Amendments.

       We reserve the right to, at our discretion, modify these Terms at any time by publishing the amended Terms on our Website.

    2. No third-party rights.

       No one, other than the legal owner of the Product, has any right to enforce, or enjoy the benefit of, any of these Terms under the Civil and Commercial Code of Thailand or equivalent legislation in any other applicable jurisdiction.

    3. Severance.

       If for any reason any provision of these Terms shall be held by a court or other authority to be invalid, unlawful or unenforceable, the remaining provisions shall remain in full force and effect.

    4. No waiver.

       Even if we delay in enforcing any provision of these Terms, we can still enforce it later. We may not immediately chase you for not doing something or for doing something that you are not allowed to, but that doesn’t mean that we cannot do it later.

    5. Assignment.

       We may transfer our contract with you to another entity, which will then be responsible for supplying to you the Warranty Service and/or Out-of-Warranty Service. We will inform you if this happens and we will ensure that such a transfer will not affect your rights under the contract. You may transfer your contract with us to someone else only if we have agreed in writing in advance.

    6. Entire agreement.

       These Terms, together with our Privacy Policy, Terms of Use and Terms and Conditions of Sale (if you make a purchase from us through our Website), set out the entire agreement between you and us with respect to the Warranty.

    7. Language.

       These Terms are written in English language and are translated into Thai language. In case of any inconsistency or ambiguity between the English and Thai versions of these Terms, the English version shall prevail.

    8. Governing law.

       These Terms shall be governed by the laws of Thailand.

    9. Dispute resolutions.

       If you have any complaints about us, our Authorized Warranty Service Provider, the Warranty and/or Out-of-Warranty Service, please contact us in accordance with Clause 10.10. We will do our best to resolve any problems you have with us, our Authorized Warranty Service Provider, the Warranty and/or Out-of-Warranty Service. If you are not satisfied with the outcome, you can bring claims against us in the courts of Thailand, which shall have the exclusive jurisdiction to resolve any dispute between us arising from these Terms.

    10. Contact us.

        You may contact us by:

        1. calling us at +66 2-246-1074 – 7;
        2. emailing us at thailand@milwaukeetool.asia;
        3. filling out the Contact Us Form; or
        4. visiting our office (Address: 65/116-117 Chamnan Phenjati Building, 14/F, Rama 9 Road, Huaykwang, Bangkok, 10310 Thailand) or our service center (Address: 65/116-117 Chamnan Phenjati Building, 2/F, Rama 9 Road, Huaykwang, Bangkok, 10310 Thailand) during business hours.

Schedule 1 – List of Authorized Warranty Service Providers

Schedule 2 – List of Products Eligible for Calibration/Oil Change Service