The claim is understood as a complaint expressed by the customer in writing regarding the second-hand vehicle purchased using the platform provided by UAB “Gelgotos transportas” (hereinafter referred to as the Company) on the website www.exleasingcar.com (hereinafter referred to as the Claim).
The vehicle in this procedure is understood as a second-hand vehicle, about which the information is available on the website www.exleasingcar.com and which can be purchased by auction using the aforementioned website Internet site (hereinafter referred to as the Vehicle).
www.exleasingcar.com is the website (hereinafter referred to as the Website), which contains the information about the possibilities to purchase second-hand Vehicles by auction and which provides technical opportunities to participate in these auctions.
The Company accepts and considers all Claims that meet the provisions of the Agreement concluded between the customer and the Company (hereinafter referred to as the Agreement) and of this Claims handling procedure (hereinafter referred to as the Procedure).
If the customer brings the Claim against the Company not in compliance with the requirements and terms determined in the Agreement and / or the Procedure, or if the Customer brings the Claim for the defects of the Vehicle which are recognized in this Procedure and /or the Agreement as not to be considered, he cannot expect that such a Claim will be accepted, considered and satisfied.
In this Procedure, the transfer of a Vehicle is understood as the transfer of a Vehicle to the customer or a third party who purchased it after the customer fully settles for the purchased Vehicle (hereinafter referred to as the Transfer).
Claims submission procedure
All and any Claims of the customer must be brought against the Company not later than within 24 (twenty four) hours from the Transfer of the Vehicle by giving the Company a duly completed Claim form approved by the Company and detailing the Vehicle and its defects for which the Claim is brought.
When bringing and considering claims, in all cases it must be taken into account that Vehicles are used, accordingly all and any parts of Vehicles are not new, they are subject to deterioration, taking into account the mileage of the Vehicle, the date of first registration, technical characteristics and other relevant circumstances.
Claims not to be considered
The Company shall not consider Claims for defects:
which were specified on the Website; or
which are typical to second-hand Vehicles and are associated with normal wear and tear; or
which do not prevent the Vehicle from being used for the purpose for which it is normally intended to be used. It is considered that if the Vehicle has a valid compulsory roadworthiness test or meets the technical requirements, the Vehicle can be used for its intended purpose; or
which are considered to be of little importance, i. e. when the loss for each defect does not exceed 100 EUR and the total amount of loss is less than 250 EUR; or
about which the Customer notified the Company after the period for Claims referred to in paragraph 2.1 herein; or
for which the Claim meeting the requirements of paragraph 2.1 herein was not brought to the Company; or
if after Transfer any Vehicle repairs, painting, cleaning work or any other work were carried out, which according to the Company could interfere to identify and assess the condition of the Vehicle or its individual parts, which had existed at the time of Transfer; or
Taking into account the circumstance above, a list of defects, for which the Company shall not consider and satisfy Claims, is provided regardless of whether the Claim was submitted on time and in an appropriate form, and regardless of whether these deficiencies were seen and / or mentioned on the Website:
minor scratches in the paint of the Vehicle;
scratches in the plastic part of exterior mirrors of the Vehicle;
scratches in wheel rims of the Vehicle;
minor indents in the Vehicle bodywork;
cracks (fractures) in the Vehicle windscreen;
broken front grill of the Vehicle;
dirty interior and / or exterior of the Vehicle;
torn interior mats of the Vehicle;
the level of fuel in the Vehicle does not comply with the information presented on the Website;
flat tyre / tyres of the Vehicle;
missing wheel covers of the Vehicle;
missing the spare wheel of the Vehicle and / or a compressor;
missing the service book of the Vehicle;
missing CD / DVD of the Vehicle navigation system;
missing the Vehicle description book;
missing the engine protection of the Vehicle;
missing the antenna of the Vehicle.
When the Vehicle mileage exceeds 100 000 kilometres, in any case the Company shall not consider and satisfy Claims for Vehicle defects associated with the Vehicle parts listed below regardless of whether the Claim was submitted on time and in an appropriate form, and regardless of whether these deficiencies were seen and / or mentioned on the Website:
exhaust gas recirculation valve (EGR);
expired air conditioner fluid;
brakes (including without limitation the handbrake);
air flow meter;
brake fluid and other fluids necessary for the Vehicle;
The Parties agree that if the Claim meets the requirements specified in this Procedure and the Agreement and the Company acknowledges the Claim for the purchased Vehicle as reasonable, the elimination of defects will be compensated for the Customer in second-hand parts, if possible, or the amount of compensation will be accordingly reduced.
Upon the Company’s request, the Customer, who has brought the Claim for the Vehicle against the Company, is obliged not later than within 2 (two) working days to submit the detailed estimate of the elimination of defects specified in the Claim issued by the car service authorized by the manufacturer.
If the Company does not accept the estimate of the elimination of Vehicle defects submitted by the Customer, the Company shall be entitled to request to submit another estimate of the elimination of defects approved by the car service authorized by the Company.
If the Company does not accept the estimate of the elimination of Vehicle defects submitted by the Customer, when the Claim meets the requirements specified in this Procedure and the Agreement and the Company has acknowledged the Customer’s claim as reasonable, the Company shall have the right:
to eliminate Vehicle defects which it has acknowledged as reasonable and removable on its own; or
to pay smaller compensation for the elimination of Vehicle defects according to the estimate issued by the car service selected by the Company.
Applicable law and settlement of disputes
This Procedure is subject to the law of the Republic of Lithuania.
Any dispute, controversy or claim arising out of or related to this Procedure shall be settled in accordance with the Agreement.
The Company shall have the right to unilaterally amend and (or) supplement this Procedure at any time. Amendments and (or) supplementations of this Procedure shall take effect upon their publication on the Website.
If any provision of this Procedure is against the law, or for any reason becomes partially or completely invalid, it shall not void the remaining provisions.