General Terms and Conditions
for the SABO Webshop

Status: June 2023

These General Terms and Conditions apply to all orders placed via the SABO Webshop (hereinafter: “SABO Webshop“).

2.1 Contracts concluded via the SABO Webshop are concluded with SABO Maschinenfabrik GmbH, Auf dem Höchsten 22, DE-51645 Gummersbach, Tel. +49 (0)2261 – 7040, [email protected].

2.2 The SABO Webshop is aimed at consumers in accordance with § 13 BGB (German Civil Code), i.e. natural persons who act for a purpose which cannot be attributed to their commercial or independent professional activity, as well as entrepreneurs in accordance with § 14 BGB, i.e. natural or legal persons or partnerships with legal capacity who act in the exercise of their commercial or independent professional activity when concluding a legal transaction.

2.3 The presentation of the products in the SABO webshop does not constitute a binding offer, but a non-binding product catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending the binding order by using the “Back” button of your browser. As part of the ordering process, we also provide you with technical means in the form of a standard completeness and plausibility check (check whether all mandatory fields have been filled in and whether the characters entered match the corresponding mandatory field), which you can use to detect input errors. By clicking on the “Order with obligation to pay” button, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of the order will be sent by e-mail. This e-mail confirmation does not constitute a purchase contract. A purchase contract is concluded either by express acceptance of the order or by dispatch of the ordered products. If the offer is not accepted within 10 working days, this constitutes a rejection of the offer.

2.4 A binding contract can also be concluded beforehand as follows:

– If you have selected the payment method PayPal, Google Pay or Apple Pay, the contract is concluded at the time of your confirmation of the payment instruction to the respective payment service provider.

– If you have selected the payment method Sofortüberweisung, the contract is concluded at the time of confirmation of the payment instruction to SOFORT AG.

2.5 The products are only sold in normal household quantities. This restriction applies both to the number of products ordered as part of one order and to the total number of products ordered when placing several orders for the same product.

2.6 The language available for the conclusion of the contract is German. We save the text of the contract and also send you the order data and our GTC by e-mail after an order. You can also view and download the GTC at any time via the SABO webshop.

3.1 You can create your own user account for the SABO Webshop. To register, the mandatory fields on the registration form must be filled in completely and correctly. The registration requires our confirmation to be effective. After successful registration, a non-transferable user account will be created for you.

3.2 Personal access data must be kept protected from access by third parties. Should third parties nevertheless gain knowledge of the access data, you must notify us immediately and change your access data. You must also ensure that the data you provide is up to date. We reserve the right to delete user accounts that have been inactive for a period of 12 months.

4.1 We only deliver by mail order to the SABO dealer you selected when ordering, from whom you must collect the goods. Unfortunately, no other shipping method is possible, in particular delivery to your home or collection of the goods by yourself. Shipping costs may be added to the indicated product prices. Any shipping costs are indicated when the products are displayed.

4.2 Delivery will only be made to the SABO dealer in Germany selected when the order is placed.

4.3 The following payment methods are available in our SABO webshop:

– Credit card: Your credit card will be charged at the time we accept your order.

– Instant bank transfer/banking: With instant bank transfer, we receive the transfer credit immediately. You will need your account number, bank code, PIN and TAN. Via the secure payment form of Sofort GmbH, which is not accessible to merchants, “Sofortüberweisung” automatically sets up a transfer in your online bank account in real time. The purchase amount is transferred immediately and directly to the merchant’s bank account. If you select the “Sofortüberweisung” payment method, a pre-filled form will open at the end of the order process. This already contains our bank details. In addition, the transfer amount and the purpose of the transfer are already displayed in the form. You must now select the country in which you have your online banking account and enter the bank sort code. Then enter the same data as when you registered for online banking (account number and PIN). Confirm your order by entering the TAN. You will receive confirmation of the transaction immediately afterwards. In principle, any Internet user can use “Sofortüberweisung” as a payment method if they have an activated online banking account with PIN/TAN procedure. Please note that Sofortüberweisung is not yet available at a few banks. You can find more information here: https://www.klarna.com/sofort/.

– PayPal: You pay the invoice amount via the online provider PayPal. You must always be registered there or register first, legitimize with your access data and confirm the payment order to us. You will receive further instructions during the ordering process.

– Google Pay: In order to be able to pay the invoice amount via Google Pay, you must be registered with the service provider Google, have activated the Google Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after the order is placed. You will receive further instructions during the ordering process.

– Apple Pay: To be able to pay the invoice amount via Apple Pay, you must use the “Safari” browser, be registered with the service provider Apple, have activated the Apple Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the ordering process.

The delivered products remain our property until full payment has been made.

The statutory warranty provisions apply to consumers. For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk, unless the defect was caused intentionally or by gross negligence or fraudulently concealed or a culpably caused defect caused injury to life, limb or health; the statutory limitation periods for the right of recourse according to § 445b BGB remain unaffected.

In the event of a defect, please contact the SABO dealer you selected when ordering. Alternatively, you can also contact any other SABO dealer to process any complaints. This has no adverse effect on your statutory claims.

7.1 We shall always be liable to the statutory extent for claims based on damage caused by us, our legal representatives or vicarious agents

– in the event of culpable injury to life, limb or health

– in the event of intentional or grossly negligent breach of duty

– in the event of warranty promises or the assumption of a procurement risk, if agreed

– insofar as the scope of application of the Product Liability Act is opened.

7.2 In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.

7.3 Otherwise, claims for damages are excluded.

8.1 Consumers have a right of withdrawal. Entrepreneurs are not granted a voluntary right of withdrawal. The following provisions therefore only apply to consumers.

8.2 Cancellation policy

Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods. The SABO dealer you selected when ordering is not a third party named by you within the meaning of this provision.

To exercise the right to cancel, you must inform us (SABO Maschinenfabrik GmbH, Auf dem Höchsten 22, DE-51645 Gummersbach, Tel. +49 (0)2261 – 7040, Fax +49 2261 10445-0, [email protected]) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached model withdrawal form, which is not mandatory, or proceed as described in section 8.3 below.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

End of the withdrawal policy

8.3 Alternatively, you can exercise your right of withdrawal by returning the goods within the withdrawal period to the SABO retailer you selected when placing your order and declaring to them that you wish to exercise your right of withdrawal. In this case, the SABO retailer concerned will take care of returning the goods. You will not incur any additional costs, including costs for the return shipment.

8.4 Sample withdrawal form

Sample withdrawal form
(If you wish to withdraw from the contract, please complete this form and return it to us).
– To SABO Maschinenfabrik GmbH, Auf dem Höchsten 22, DE-51645 Gummersbach, Tel. +49 (0)2261 – 7040, Fax +49 2261 10445-0, [email protected]
– I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only for notification on paper)
– Date
(*) Delete as appropriate.

9.1 Da manche Produkte Batterien und Akkus enthalten, sind wir nach dem Batteriegesetz (BattG) verpflichtet, Sie auf Folgendes hinzuweisen: Batterien und Akkus dürfen nicht im Hausmüll entsorgt werden, sondern müssen zurückgebracht werden. Sie können die Batterien dafür nach Gebrauch entweder an uns zurücksenden oder in Ihrer Nähe (z.B. im Handel oder in kommunalen Sammelstellen) unentgeltlich zurückgegeben. Die Abgabe in Verkaufsstellen ist dabei auf für Endnutzer übliche Mengen beschränkt. Altbatterien und Altakkus können Schadstoffe enthalten, die bei nicht sachgemäßer Lagerung oder Entsorgung die Umwelt oder Ihre Gesundheit schädigen können. Sie enthalten aber auch wichtige Rohstoffe wie z.B. Eisen, Zink, Mangan oder Nickel, die wiederverwertet werden können.

9.2 Das Zeichen mit der durchgekreuzten Mülltonne bedeutet, dass Sie Batterien und Akkus nicht im Hausmüll entsorgen dürfen. Unter diesem Zeichen finden Sie zusätzlich nachstehende Abkürzungen mit folgender Bedeutung:

Pb: Batterie enthält Blei
Cd: Batterie enthält Cadmium
Hg: Batterie enthält Quecksilber

10.1 We do not participate in the procedure for alternative dispute resolution in consumer matters in accordance with § 36 VSBG.

10.2 Note on online dispute resolution pursuant to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (ODR) at http://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in a dispute resolution procedure.

11.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This choice of law shall only apply to the extent that the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

11.2 If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our registered office.

11.3 Should individual provisions of these Terms of Use be or become invalid or ineffective in whole or in part, this shall not affect the validity of the remaining provisions.

We only provide a warranty that goes beyond the statutory warranty in accordance with the following provisions.

SABO – Maschinenfabrik GmbH, Auf dem Höchsten 22, 51645 Gummersbach, Germany, provides a warranty to end customers who have purchased SABO products under the following conditions. This guarantee applies to consumer products and professional products. Other claims of the end customer, in particular the statutory claims of a consumer in the event of defects, are not restricted by this guarantee and can be asserted free of charge against the respective contractual partner. The guarantee applies worldwide to SABO products that end customers have purchased from a SABO partner or a SABO service station.

1. we only provide a guarantee that goes beyond the statutory warranty in accordance with the following provisions.

2 SABO products belong to two different product series: Consumer or Professional.
The devices specially developed for private end users are characterized by the fact that the article numbers begin with the letter/digit combination SA1, SA2, SA4 or SA5 (“Consumer products”). The devices specially developed for commercial users are characterized by the fact that the article numbers begin with the letter/digit combination SA3 and SA6 (“professional products”). The professional products are also identified by the designation “Pro” in the name and on the rating plate.

3. the intended use of the consumer products is exclusively domestic use for regular maintenance of one’s own garden. Use by entrepreneurs within the meaning of § 14 BGB (German Civil Code), whether by the entrepreneur himself or in the context of commercial equipment rental and/or equipment hire, shall not be deemed to be intended use, unless the use is exclusively for the maintenance of the entrepreneur’s own business premises and does not exceed the extent of typical private, domestic use.

4. the intended use of Profi products is the professional use in the context of garden and landscape maintenance, also by other entrepreneurs and/or consumers in the context of commercial equipment hire and/or equipment rental.

5. to the extent that warranty is granted under the following provisions – both for consumer products and for professional products – this shall only apply if the end customer who has purchased the appliance in question new has purchased it directly from us or from a SABO partner or a SABO service station.

6. the relevant point in time for the start of the warranty period for both consumer products and professional products is the first sale to an end customer.

7. for each consumer product, we guarantee that the goods are free of defects for a period of 24 months from the date specified in clause 6, subject to the condition of clause 5 above; in addition, we grant a 15-year guarantee for aluminum housings (exceptions see table below). The housing guarantee does not cover damage to the paintwork caused by normal wear and tear. After 24 months from the date of purchase, the housing warranty only covers the cost of materials, not labor. Any warranty for consumer products shall expire in the event of improper use as defined in Section 3 above. If the end customer is an entrepreneur, it shall be incumbent on him to prove that the use of the consumer product does not deviate from the intended use as defined in Section 3. In detail, the warranty periods shown in the table below apply to the components of the Consumer Products.

8. for each professional product, we guarantee that the goods are free of defects for a period of 12 months from the date specified in clause 6, subject to the condition of clause 5. If a professional product is only used within the scope of the intended use of the consumer products in accordance with section 3 above, we also grant a guarantee in accordance with the regulation for consumer products in accordance with section 7 above. The end customer shall bear the burden of proof that the professional product is used exclusively within the scope of the intended use of the consumer products.

9. faults and defects in the above-mentioned devices or device parts (“warranty case”) which occur during the respective warranty period and which are based on material, processing and/or design defects shall only give rise to warranty claims against us in the form regulated below.

10 The warranty does not cover inspection, adjustment or other periodic maintenance work or cleaning work.

11. we are entitled to assign the handling of warranty claims to our SABO service stations or to workshops authorized by SABO.

12. a claim under warranty is excluded if and to the extent that

– improper handling of the goods or an accidental external event is the cause of the defect;

– insufficient care and/or inadequate maintenance, in particular non-compliance with the SABO operating instructions, is the cause of the defect;

– inspection or maintenance work prescribed by SABO has not been carried out;

– inspection or maintenance work has not been carried out in accordance with the technical requirements and specifications of the SABO manual or materials have been used which do not comply with the specifications set out in the operating instructions;

– wearing parts (filter elements, spark plugs, tires, bulbs, friction linings, V-belts, blades, splinter guards) and other parts that were replaced during the inspection in accordance with the SABO inspection specifications are affected;

– minor defects, such as minor color variations, trapped dust particles, shading, age-related wear or fading of the paint or plastic or other aesthetic phenomena that do not or only slightly impair the usability of the appliance;

– modifications made to the appliance by the customer or third parties without the prior written consent of SABO, in particular conversion or fitting with parts not expressly approved by SABO, have led to the appliance being defective.

13. in the event of a warranty claim, our warranty service shall consist of either repair or replacement of the defective parts or subsequent delivery. Replaced parts or appliances become our property without compensation. The warranty period for replaced parts ends with the warranty period of the device. In the event of subsequent delivery, no new warranty period shall commence; instead, the original warranty period shall continue to run from the point in time specified in Section 2 in relation to the device initially delivered.

14. in order to safeguard the rights under warranty, the end customer must notify the defect immediately after discovery of the defect and present the corresponding purchase contract or other proof of purchase. An effective notice of defect requires that it specifies the date of sale and a description of the defect claimed. The notification of defects must be made in writing and must be addressed to SABO Maschinenfabrik GmbH, Auf dem Höchsten 22, D-51645 Gummersbach, to a SABO partner or to a SABO service station. It can also be recorded in writing by the respective SABO partner or the respective SABO service station.

15. the end customer must prove that a warranty claim within the meaning of clause 9 exists and that the warranty period has been observed and that the warranty claim has occurred during the warranty period. A material defect occurring during the period of validity of the guarantee shall be deemed to constitute grounds for the rights under the guarantee.

16. in the event that end customers have made the transaction as a purchase of consumer goods, we expressly point out that their statutory rights to subsequent performance (rectification, replacement delivery), compensation or reduction as well as a corresponding right of withdrawal and also compensation for futile expenses, insofar as these rights are granted within the framework of the purchase contract, are not restricted by the guarantee given by us.

17 For devices sold outside the Federal Republic of Germany, the warranty conditions issued by us or by our respective country representative shall apply.
European or national law shall apply to the warranty in the respective countries.

18. beyond the warranty granted, any warranty claims or claims for damages against us shall only exist within the framework of the statutory provisions in conjunction with other agreed contractual provisions.

Years
Component 2 3 5 10 15
Lawn mower housing (aluminum) x
Lawn mower housing (plastic) x
Mulcher housing (steel) x
Scarifier housing (aluminum) x
Scarifier housing (plastic) x
Li-ion battery x
Lead-gel battery & RLE battery x

Manufacturer’s warranty

Warranty and guarantee conditions
SABO-Maschinenfabrik GmbH

Status: June 2020

1.1 Consumer
A consumer is any natural person who enters into a transaction for a purpose that cannot be attributed to their commercial or independent professional activity.

1.2 Entrepreneur
An entrepreneur is any natural or legal person or partnership with legal capacity who enters into a transaction that can be attributed to their commercial or independent professional activity.

1.3 Merchants
Merchants are entrepreneurs who have the status of merchants within the meaning of the German Commercial Code.

1.4 SABO partners
SABO partners within the meaning of these terms and conditions are entrepreneurs who have concluded the SABO partner agreement with us.

1.5 SABO Service Stations
SABO service stations are SABO partners with whom a SABO customer service agreement also exists, as well as workshops with whom a SABO customer service agreement exists exclusively (so-called authorized customer service workshops).

1.6 Customers
Customers within the meaning of these Terms and Conditions are SABO Partners (1.4.) and SABO Service Stations (1.5.).

1.7 End customers
End customers are consumers and entrepreneurs who purchase a SABO product from a customer against payment with the intention of using it in accordance with its intended purpose.

2.1 Material scope of application
Claims of the customer or, if applicable, the end customer arising from warranty, liability or guarantee shall be governed exclusively by these terms and conditions.

2.2 Personal scope of application
These terms and conditions apply to all transactions concluded with customers within the scope of our terms and conditions of sale, delivery and payment.

2.3 Temporal scope of application
These terms and conditions apply to all our current and future transactions with customers. They do not need to be submitted again separately for future transactions if they have been effectively included as part of a transaction.

2.4 Conflicting terms and conditions of the customer
Deviating terms and conditions of the customer, in particular deviating terms and conditions of purchase, shall only apply if they are consistent with our terms and conditions or if we have expressly agreed to their validity. Our terms and conditions shall also apply if we perform without reservation in the knowledge of conflicting or deviating terms and conditions of the customer.

2.4.1 The customer’s general terms and conditions shall only apply insofar as they are consistent with these terms and conditions.
2.4.2 Conflicting general terms and conditions of the customer shall only become part of the contract if we have expressly agreed to their validity. Otherwise, these terms and conditions shall apply exclusively.

2.4.3 Consent in accordance with 2.4.2. must be given in text form.

2.4.4 If the customer does not agree with the validity of these terms and conditions, he must expressly object to their validity upon or immediately after conclusion of the contract, at the latest within one week after conclusion of the contract.

3.1 The warranty period for purchase contracts for newly manufactured movable goods is one year from delivery of the goods. The same applies to contracts for work and services for the delivery of movable goods to be manufactured or produced. The warranty period for other claims for defects arising from contracts for work and services for movable goods is also one year.

3.2 Claims under warranty shall not result in an extension of the warranty period.

3.3 Warranty claims arising from purchase contracts for used movable goods are excluded.

3.4 Warranty claims are also excluded in the event of improper handling and inadequate care and maintenance of the items, insofar as this is the cause of the defect. Furthermore, warranty claims are excluded in the event that the customer modifies or repairs the goods himself or has them modified or repaired by third parties, insofar as this is the cause of the defect. The same applies in the event of external events, the use of third-party parts or the use of unsuitable operating materials (fuels, oils, etc.), insofar as this is the cause of the defect.

3.5 In the event of obvious defects, a warranty claim shall only exist if the customer notifies us of these immediately, at the latest within two weeks of receipt of the goods. Otherwise, the assertion of warranty claims due to obvious defects is excluded. Timely dispatch of the notification of defects shall suffice to meet the deadline. The customer shall bear the full burden of proof for all claim prerequisites, in particular the existence of the defect, the time of discovery of the defect and the timeliness of the notice of defect.

3.6 Notifications within the meaning of section 3.5. must be made in text form.

3.7 Our warranty obligation is always subsidiary to claims of the customer against a third party designated as liable for warranty. The customer is obliged to first assert his claims against the third party – if necessary in court. If the customer culpably allows claims against the third party to lapse, claims against us can no longer be considered.

3.8 We shall initially provide warranty for defects in the goods at our own discretion by subsequent performance (rectification or replacement delivery). We shall bear the expenses necessary for the purpose of subsequent performance, in particular transport, travel, labor and material costs.

3.9 Only if the second attempt at rectification fails or is unreasonable for the customer can the customer choose to reduce the price or withdraw from the contract. However, the customer shall not be entitled to withdraw from the contract in the event of only a minor breach of contract, in particular in the event of only minor defects. If we manufacture new goods, the defective goods already delivered to the customer shall be handed over to us by the customer. We shall bear the associated costs.

3.10. If the customer chooses to withdraw from the contract after subsequent performance has failed, he shall not be entitled to claim damages for the defect.
If the customer chooses compensation for damages after subsequent performance has failed, the goods shall remain with the customer if this is reasonable for him. Compensation shall be limited to the difference between the purchase price and the value of the defective goods. This does not apply if we have maliciously caused the breach of contract.

3.11. As a matter of principle, only our product description, as enclosed in our catalogs or our goods and which can be viewed at any time on request, shall be deemed agreed as the quality of the goods vis-à-vis our customers. This also applies to corresponding product descriptions provided by us which can be obtained electronically or by other means. Public statements or promotions do not constitute a contractual description of the quality of the goods.

3.12. In the event of fraudulent concealment of defects or the assumption of a guarantee for the quality, further claims shall remain unaffected.

3.13. Insofar as purchase contracts were concluded in accordance with the law applicable prior to January 1, 2002 (“old law”) (“old contracts”), but our customers conclude contracts with their buyers in accordance with the law applicable since that date, the warranty and liability conditions applicable under the old law shall apply exclusively in the relationship between our customers and us. This also applies if we only deliver after 01.01.2002 on the basis of old contracts. There is no right of recourse against us within the meaning of § 478 BGB if we have delivered on the basis of an old contract. If, in individual cases, we should declare our willingness to support our customers in the settlement of such warranty cases even after the expiry of the short warranty period as a gesture of goodwill, this shall not result in any general obligation.

4.1 We are liable for damages resulting from injury to life, body or health of the customer, which are based on an intentional or negligent breach of duty by us or one of our legal representatives or vicarious agents, to the extent of the obligations arising from the law.

4.2 We shall only be liable for other damages if they are based on an intentional or grossly negligent breach of duty and insofar as the damage is foreseeable and typical for the contract.

4.3 The above limitation of liability does not apply to claims of the customer arising from product liability.

4.4 Claims for damages shall become time-barred one year after delivery of the goods. This shall not apply if we can be accused of fraudulent intent or if we have assumed a guarantee. The statutory provisions shall apply in the case of fraudulent intent; in the case of guarantees, only the provisions set out in clause 5 below shall apply.

5.1 We only provide a guarantee that goes beyond the statutory warranty in accordance with the following provisions.

5.2 SABO products belong to two different product series: Consumer or Professional.
The devices specially developed for private end users are characterized by the fact that their exterior is predominantly red in colour (“red consumer products”). The devices specially developed for commercial users are characterized by the fact that their exterior is mainly green (“green professional products”).

5.3 The intended use of the red consumer products is exclusively domestic use for the regular care of one’s own garden. Use by entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), whether by the entrepreneur himself or in the context of commercial equipment rental and/or equipment hire, is not deemed to be intended use, unless the use is exclusively for the maintenance of the entrepreneur’s own business premises and does not exceed the extent of typical private, domestic use.

5.4 The intended use of the green professional products is the professional use in the context of garden and landscape maintenance, or also to other entrepreneurs and/or to consumers in the context of commercial equipment hire and/or equipment rental.

5.5 Where a warranty is granted under the following provisions – both for red consumer products and for green professional products – this shall only apply if the end customer who has purchased the appliance in question new has purchased it directly from us or from a SABO partner or a SABO service station.

5.6 The relevant point in time for the start of the warranty period for both red consumer products and green professional products is the first sale to an end customer within the meaning of the above clauses 1.7 and 5.5.

5.7 For each red consumer product, we guarantee that the goods are free of defects for a period of 24 months from the date specified in section 5.6, subject to the conditions of section 5.5 above; in addition, we grant a 15-year guarantee for aluminum housings (see table below for exceptions). The housing guarantee does not cover damage to the paintwork caused by normal wear and tear. After 24 months from the date of purchase, the housing warranty only covers the cost of materials, not labor. Any warranty for red consumer products shall expire in the event of improper use as defined in section 5.3 above. If the end customer is an entrepreneur, it shall be incumbent on him to prove that the use of the red consumer product does not deviate from the intended use as defined in section 5.3.

5.8 For each green professional product, we guarantee that the goods are free of defects for a period of 12 months from the date specified in clause 5.6, subject to the condition of clause 5.5. If a green professional product is only used within the scope of the intended use of the red consumer products in accordance with clause 5.3. above, we also grant a guarantee in accordance with the regulation for red consumer products in accordance with clause 5.7. above. The end customer shall bear the burden of proof that the green professional product is used exclusively within the scope of the intended use of the red consumer products.

5.9 Faults and defects in the devices or device parts described in 5.3 (“warranty case”) which occur during the respective warranty period and which are based on material, processing and/or design defects shall only give rise to warranty claims against us in the form regulated below.

5.10. The warranty does not cover inspection, adjustment or other periodic maintenance work or cleaning work.

5.11.We are entitled to assign the handling of warranty claims to our SABO service stations or to workshops authorized by SABO.

5.12.A claim under warranty shall be excluded if and to the extent that
– improper handling of the goods or an accidental external event is the cause of the defect;
– insufficient care and/or inadequate maintenance, in particular non-compliance with the SABO operating instructions, is the cause of the defect;
– inspection or maintenance work prescribed by SABO has not been carried out or has not been carried out by a SABO partner;
– inspection or maintenance work has not been carried out in accordance with the technical requirements and specifications of the SABO manual or materials have been used which do not comply with the specifications given in the operating instructions;
– wearing parts (filter elements, spark plugs, tires, bulbs, friction linings, V-belts, blades, splinter guards) and other parts that were replaced during the inspection in accordance with the SABO inspection specifications are affected;
– minor defects, such as minor color deviations, trapped dust particles, shading, age-related wear or fading of the paint or plastic or other aesthetic phenomena that do not or only slightly impair the usability of the device;
– changes made to the appliance by the customer or third parties without the prior written consent of SABO, in particular modifications or equipment with parts not expressly authorized by SABO, have led to the defectiveness of the appliance;
– no original spare parts have been used for repairs.

5.13. In the event of a warranty claim, our warranty service shall consist of either the repair or replacement of the defective parts or subsequent delivery. Replaced parts or devices become our property without compensation. The warranty period for replaced parts ends with the warranty period of the device. In the event of subsequent delivery, no new warranty period shall commence; instead, the original warranty period shall continue to run from the point in time specified in Section 5.2. in relation to the device initially delivered.

5.14. In order to safeguard the rights under the warranty, the end customer must notify the defect immediately after discovery of the defect and submit the corresponding purchase contract or other proof of purchase. An effective notice of defect requires that it specifies the date of sale and a description of the defect claimed. The notification of defects must be made in writing and must be addressed to SABO Maschinenfabrik GmbH, Auf dem Höchsten 22, D-51645 Gummersbach, to a SABO partner or to a SABO service station. It can also be made in writing by the respective SABO partner or the respective SABO service station.

5.15. The end customer must prove that a warranty case within the meaning of clause 5.4. exists and that the warranty period has been observed and that the warranty case has occurred during its duration. A material defect occurring during the period of validity of the guarantee shall be deemed to constitute grounds for the rights under the guarantee.

5.16. In the event that end customers have made the transaction as a purchase of consumer goods, we expressly point out that their statutory rights to subsequent performance (rectification, replacement delivery), compensation or reduction as well as a corresponding right of withdrawal and also compensation for futile expenses, insofar as these rights are granted within the framework of the purchase contract, are not restricted by the guarantee given by us.

5.17. This guarantee only applies to devices sold within the territory of the Federal Republic of Germany. For devices sold outside the Federal Republic of Germany, the warranty conditions issued by us or by our respective national representative shall apply exclusively.
The warranty in the respective countries is subject to European or national law.

5.18. Beyond the warranty granted, any warranty claims or claims for damages against us shall only exist within the scope of the statutory provisions in conjunction with the above clauses 3 and 4.

The manner of cooperation with customers shall be determined by the guidelines for SABO Service Stations and other agreements made in this respect. The customer is in any case obliged to cooperate with us to the best of his ability with regard to securing the end customer’s claims under the guarantee.

7.1 Recourse claims against us shall only exist within the scope of direct contractual relationships with us and only if our customer had to take back the newly manufactured item sold as a result of its defectiveness or accept a reduction in the purchase price.

7.2 Except in cases where the end customer is a consumer and the subject of the contract is a newly manufactured item, a right of recourse against us is excluded.

7.3 Insofar as recourse is excluded, the customer shall be entitled to compensation exclusively in the form of a price reduction at our discretion within the framework of flat-rate invoicing, extensive deferrals, percentage and/or natural discounts.

7.4 A claim for reimbursement of expenses shall only exist within the scope of the statutory provision (§ 478 II BGB). In particular, costs that the customer has voluntarily assumed as a gesture of goodwill are excluded.

7.5 If a warranty claim has been asserted against the customer and he has provided subsequent performance, he shall be entitled to reimbursement from us for those expenses which have become necessary for the purpose of subsequent performance (§ 439 II BGB).

7.6 Within 6 months of handover of the goods to the consumer, we must prove that the goods were free of defects at the time of handover. Furthermore, it is the customer’s responsibility to prove the defectiveness of the goods.

8.1 If the customer is a merchant, the place of performance shall be the registered office of our company in Gummersbach.

8.2 If the customer is a merchant, the place of jurisdiction for all legal disputes arising from the contractual relationship and its creation and validity (including actions on bills of exchange and checks) shall be the Regional Court of Cologne. The same shall apply if the customer has no general place of jurisdiction in Germany or if neither his domicile nor his habitual residence are known at the time the action is brought. In any case, however, we shall also be entitled to appeal to the court with local jurisdiction at the customer’s place of residence or registered office.

8.3 Our contractual relations shall be governed exclusively by German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of April 1980.

9.1 The provisions contained in these terms and conditions as well as the provisions made in the respective contract are divisible or are to be assessed separately from the others. Should one of these provisions be or become invalid or contestable, this shall not affect the validity of the remaining provisions.

9.2 In the event of the invalidity of a clause in accordance with clause 9.1 above, the contracting parties undertake to enter into negotiations with the aim of replacing the invalid provision with another provision that is as close as possible to it in economic and legal terms.

Consumer Professional
Device 2 Years 3 Years 5 Years 10 Years 15 Years 1 Year
Lawn mower housing
Consumer (aluminum)		         X  
Lawn mower housing
Consumer (plastic)		       X    
Mulcher housing
Consumer (steel)		 X          
Scarifier housing
Consumer (aluminum)		     X      
Scarifier housing
Consumer (plastic)		   X        
Mowing deck (steel) X          
Professional housing (aluminum/steel)
(in trial use)		           X
Professional housing (aluminum/steel)
(for consumer use)		         X  
Li-ion batteries
(in consumer use)		 X          
Li-ion batteries
(in professional use)		           X
Lead-gel (starter batteries)
& RLE batteries		 X          
  • Warranty and guarantee conditions