GENERAL WARRANTY CONDITIONS
GENERAL WARRANTY CONDITIONS [GWC]
ELMECH – ASE SP. Z O.O. in PRUSZCZ GDANSK
valid from 28.06.2022
Definitions:
• Producer, Producer's representative: a party that is an authorized entity representing the manufacturer of a device, product or system that has given the warranty.
• End User: a party representing the Investor, Buyer, Customer, End User, internal maintenance services mentioned above.
These conditions of free warranty are valid in the administrative territory of the Republic of Poland. Outside the administrative territory of the Republic of Poland, the terms of the guarantee are set individually.
The manufacturer provides a free warranty for a period of 24 months from the date of delivery, unless the terms of the order or contract provide otherwise.
Terms of warranty:
1. During the warranty period, the Manufacturer undertakes to remove free of charge defects arising from reasons inherent in the subject of the contract. The warranty period results from the order or contract.
2. Warranty repairs are performed by the Manufacturer or on its behalf an authorized representative of the manufacturer.
3. The complaint procedure ends with the preparation of the Defect Removal Confirmation Protocol, signed by the Manufacturer or a representative indicated by him and a person indicated by the End User. The protocol template has been attached to the Warranty Card.
4. The warranty is extended by the time counted from the date of written notification of the occurrence of the defect to the date of its removal, confirmed by the provisions in the Defect Removal Confirmation Protocol.
5. The condition for using the warranty rights is to use the system in accordance with the conditions and guidelines contained in the Operation and Maintenance Documentation and to make reviews and records confirming their making in the Device Book (Device Book does not apply to energy storage).
6. Warranty provisions are excluded, in particular, when the system or product was interfered with, changes or alterations were made, unauthorized repairs were made or used inconsistently with their intended use.
7. The warranty does not cover damage caused by external, mechanical, thermal and chemical factors, improper use and natural wear and tear, in particular consumables and spare parts.
8. The End User shall send a written notification of the occurrence of a defect to the e-mail address serwis@elmech.pl, fax number: +48 58 682 38 70. The notification about the occurrence of a defect should include the serial number of the device and a detailed description of the defect found. If, in the process of considering the complaint, it is necessary to obtain additional information related to the defect or the way of using the goods, the End User is obliged to provide all the necessary data and information.
9. Under the warranty, the End User may, at his own discretion, free repair or replace the damaged elements free of defects with all those subject to warranty, if they are found and confirmed by the Manufacturer as defective.
10. In the event of unfounded notification of a defect (complaint), all costs incurred in connection with its consideration shall be borne by the End User.
11. Failure by the End User to provide the Producer's representatives with access to the defective system or product component reported as defective within the agreed period shall be treated as a waiver of the notification.
12. If the product or system is located outside the administrative territory of the Republic of Poland, the End User is obliged to deliver the devices to the Manufacturer's seat or, if this is not possible, inform about their current location and enable all formalities ensuring effective access to the devices or system. Service costs outside the territory of the Republic of Poland are covered by the End User, unless the terms of the order or contract provide otherwise.
13. The Producer or the Producer's Representative undertakes to take action within the response time specified in the order or contract, or if it has not been specified, each time after notification, a date for taking action is set.
14. The end user is obliged to ensure safe and hygienic conditions for carrying out service activities. In the event that it is not possible to carry out the activities due to working conditions or is associated with a threat to the health and life of the service personnel, the Manufacturer will refrain from considering the complaint until appropriate working conditions are ensured. In such a situation, the warranty period is not extended by the time during which it was not possible to carry out warranty activities. Failure to provide access to devices on the indicated conditions for more than 7 days is considered a waiver of the notification.
15. In the event that the delivered subject of the contract has defects, the End User may request their removal by setting a suitable date for the Manufacturer for this purpose. The commencement of the removal of defects will take place immediately, i.e. not later than within 72 hours of the Producer receiving the notification from the End User, provided that the Producer has the parts necessary to remove the defect. After the expiry of this period and in a situation that threatens human life or may cause significant financial losses, the End User may immediately start removing the failure at the expense and risk of the Manufacturer, notifying him of this fact..
16. The condition for the Manufacturer to remedy the defect is confirmation of having the appropriate parts that will be necessary for replacement. The manufacturer does not keep stock of all parts of its products, unless the order or contract provides otherwise. The date of delivery of the necessary parts will be communicated by the Manufacturer to the End User immediately, i.e. within 72 hours of notification.
17. The fact of removing defects will be confirmed on both sides in the written Defect Removal Confirmation Protocol.
18. The Producer's liability does not cover defects that have arisen for external reasons and are not related to his action or omission in the performance of the subject of the contract, i.e. defects and damage caused by force majeure, improper use, or failure to comply with the instructions for their use, etc.
19. Performing inspections and maintenance of the subject of the guarantee may be entrusted by the End User only to the Producer or companies authorized by the Producer in this regard, after the Producer's prior consent in writing.
20. The End User is obliged to carry out technical inspections of the products or system in accordance with the guidelines contained in the Operation and Maintenance Documentation.
21. The End User is obliged to keep a Device Book enabling the recording of technical inspections of devices or systems. The design of the device book has not been imposed by the Manufacturer and can be any one that meets the needs and internal standards of the End User. The device book must meet the minimum requirement, which is the possibility of recording the following information after completion of the removal of defects or inspections: date, scope of activities, details of the person performing the inspection or repairing the failure, details of the person confirming the scope of activities (not applicable to energy storage).
22. The End User is obliged to store all technical documentation and Technical and Operation Documentation received from the Producer, both in a place designated as an archive in accordance with the User's standards, as well as in a place designated for daily use by the Service and End User Operators.
23. The End User, after sending a notification about the occurrence of a defect or during the technical inspection performed by the Manufacturer, is obliged to provide the Device Book (not applicable to energy storage) and the technical documents and operating instructions provided to the Manufacturer's Representative.
24. Lack of the Device Book kept is the basis for canceling the Warranty (not applicable to energy storage)
25. The manufacturer supplies spare parts in accordance with the order or contract. Technical and Operation Documentation does not provide spare parts.
26. The manufacturer does not supply spare or consumable parts, unless the terms of the order or contract provide otherwise. Spare parts are parts subject to wear as a result of normal use, defined by the conditions in the Operation and Maintenance Documentation. Examples of spare parts are:
• Bulbs for signal lamps
• Fuse links
• LED light cartridges
• Filter cartridges in ventilation grids.
