Last updated 16 March 2023

Contact information of Mirka Oy:
Mirka Oy, Pensalavägen 210, 66850 Jeppo, Finland

 

1. General

These terms related to the my.mirka.com govern the use of the portal and the tool repair service offered through my.mirka.com. They shall be read together with the Mirka.com terms of use (accessible at: Mirka.com Terms of Use - Mirka). Where there is a conflict between these Tool Repair Terms and the Mirka.com terms of use, these Tool Repair Terms shall prevail.

The parties to these Tool Repair Terms are you (being either a private individual or an authorised representative of a company) and Mirka Oy (also hereinafter “Mirka”).

2. Ordering Tool Repair through my.mirka.com

As part of the my.mirka.com portal, you have the possibility to order tool repair services. These fall broadly into two categories, repair covered by warranty (“Warranty Repair”), and repair not covered by warranty (“Non-Warranty Repair”). Furthermore, certain Warranty Repair orders may also include some parts not covered by warranty. Orders must be placed individually for each tool, though tools may be grouped together as a single delivery.

Repair orders are placed by using the Repair Request functionality, after which Mirka will provide instructions on how to proceed with shipping to the closest Mirka repair centre. When the tool arrives at the repair centre, Mirka will assess whether the defect/tool falls within the scope of Warranty Repair (in line with the Mirka Warranty Terms: https://www.mirka.com/SharePoint/Marketing/Productsapplications/Toolsandaccessories/Product_Manuals/Mirka_Warranty_2_Plus_1.pdf).

If the product or defect falls outside warranty, Mirka will provide you a quotation for a Non-Warranty Repair. If you accept the quotation, Mirka will then proceed to repair the defective product, and ship it to you after repair has been completed.

3. Delivery and Return of Tools

Delivery of tools to a Mirka Repair centre can be done by using a delivery service arranged by Mirka. Available services may vary depending on your location. You can also order repair and arrange delivery to repair center yourself. Your delivery to us can not be traced in our system if shipment hasn’t been arranged by Mirka.

Before collection or drop off, make sure to have the tools securely packed and protected and with the shipping label attached. Mirka cannot accept any responsibility for damage caused during transportation due to incorrect packing of the goods concerned.

For Warranty Repairs, Mirka will cover the costs of collection, as well as the costs of delivery of the repaired tool back to you.

When approving a quotation for a Non-Warranty Repair, Mirka will invoice you for costs of collection, aswell as the costs of return, according to prices in the quotation. If you reject the quotation for a non-warranty repair, and choose to recycle the tool, Mirka will bear the costs of collection. If you reject the quotation but decide to have the tool sent back to you, Mirka will return it disassembled and invoice you for the costs of return. For safety reasons, the tool can not be reassembled by Mirka without replacing broken parts. If you do not provide any answer to the quotation within 14 days, Mirka might return the disassembled tool and invoice you for the return costs.

4. Costs and Payment Terms

Prices of Non-Warranty Repairs are determined based on the defect in question in accordance with Mirka’s current price list for tool repairs. No work on the tool will be undertaken, except for the assessment of the tool, until you have accepted the repair quote provided by Mirka. The repair costs can be charged in connection with quotation approval, or invoiced when your repair order has been accomplished. Payment options available in your country depends on Mirka’s local arrangements.

With regards to delivery costs or other costs invoiced from the customer, the payment term for such costs shall be 14 days net, with interest for late payment applying to late payments as provided under Section 4 of the Finnish Interest Act (633/1982).

5. Right of Withdrawal

You have the right to withdraw from an order of Non-Warranty Repair services by notifying Mirka within 14 days of accepting a repair quote that you wish to exercise this right of repair. In the event you exercise the right of withdrawal, you will be responsible for the costs of collection and for the costs of delivering the non-repaired product back to you.

However, in the event you have accepted that work will start on your defective product before the lapsing of this 14 day period, you will have to bear the costs of service in part (if the service has been partially completed on the day of notification of withdrawal) or in whole (if the service has been entirely completed on the day of notification of withdrawal) regardless of your notification of withdrawal.

6. Storage Costs and Right to Recycle Unclaimed Products

After Mirka determines a tool/defect to be outside warranty, the customer is provided a repair quote for Non-Warranty Repair, with a 14 day period to accept or reject the quote. After the ending of this period, if the customer fails to reply to the quote or fails to accept delivery of non- repaired products, the customer will be provided a three (3) month period to collect the tool or arrange delivery of the tool. After the ending of this three (3) month period, the tool will be recycled by Mirka. In addition, Mirka reserves the right to invoice the customer for the storage costs of products that have either been recycled as provided here, or have been delivered/picked up after the ending of the original 14 day quotation period.

7. Defects in Repaired Products

With regards to Warranty Repair, Mirka warranty terms will apply to any alleged defects in the Mirka repair service, or defects in replaced or repaired parts.

With regards to Non-Warranty Repair, you must notify Mirka without delay, and in any event at the latest within two (2) months of noticing that the product is defective, which after Mirka may decide to organise collection of the allegedly defective product. In the event the tool turns out to be defective due to a fault in the Non-Warranty Repair, Mirka will pay for the associated collection and delivery costs. In the event the tool is not defective or the defect is not due to the Mirka Non-Warranty Repair, you will bear the costs of collection and delivery of the product back to you.

For the avoidance of doubt, Mirka provides no warranty for tools that have been subject to Non-Warranty Repair, and only assures that that the products are not defective at the moment you collect or arrange delivery of them. It is possible for a repaired tool to break after a Mirka repair as a result of normal wear and tear of parts that were not included in the previous repair, and such breakage is not due to any failure in the Mirka Non-Warranty Repair, nor will Mirka be responsible or liable for any such breakage.

8. Force Majeure

Mirka shall be relieved of liability for complete or partial non-performance of its obligations, if this non-performance is due to circumstances of force majeure which have arisen after an order is placed as a result of events of an exceptional character, which Mirka could not foresee or prevent by reasonable measures, such as fire, general interruptions to electricity supply or logistics, work stoppages or other industrial action, pandemic, epidemic, or armed conflict. Mirka’s freedom from liability shall persist for the entire duration for the force majeure event. In addition, Mirka shall have the right to unilaterally terminate an order if the force majeure event lasts for at least two (2) weeks, whereupon the customer’s advance payment, if any, shall be returned.

9. Applicable Law and Dispute Resolution

These Terms shall be governed by the laws of Finland excluding its provisions on the conflict of laws, except to the extent that mandatory consumer law prohibits such a choice of law. In such an event, the laws of the consumer’s domicile shall apply excluding its provisions on the conflict of laws.
Any dispute, controversy or claim arising out of or relating to these Tool Terms shall be subject to the court of competent jurisdiction. Furthermore, you may have the right to have your dispute heard by the competent consumer dispute authority. For Finland, the competent authority is the Consumer Disputes Board (https://www.kuluttajariita.fi/en/index.html).