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Terms of Guarantee

  1. The Producer grants guarantee for the products for the period of one year from the date of handing over the product to the Purchaser unless there is not any other guarantee period determined by the Parties in the contract or order confirmation.

  2. The Producer’s liability covers only the defects caused by the product itself.

  3. The Producer provides efficient and proper functioning of the product which is exploited with due diligence required for it and according to Technical and Motion Documentation, hereinafter called TMD or basing on other document determining the parameters of the device work.

  4. The Producer’s liability as the guarantor is limited to guarantee repairing of the sold product or delivering proper spare parts or replacing it by the product which is free of defects. The choice of the way of eliminating the defect is at the Producer’s option.

  5. The guarantee does not cover damages caused by normal wear and tear of Product and/or it's parts, especially: gaskets, fuses, thermometers, filters, sensors, bulbs, nozzles.

  6. The Producer is not responsible for damages resulting from:

    1. improper exploitation especially not carrying out the inspection and/or replacing the above mentioned exploitation elements
    2. not carrying out periodical surveys according to TMD
    3. improper mantling and setting the device in motion by the third persons
    4. product modification which is not approved by the Producer
    5. feeding the devices by the media which do not fulfill the parameters or by other media than the ones determined in products TMD (fuel, water, oil, electric power etc.)
    6. functioning of outer factor (e.g. as the result of the work of devices which are not the subject of the Producer’s delivery or not adapting the devices of the other supplier and producer)
    7. using the product after detecting its defect
  7. The Buyer before setting the product in motion (or its insulation) is obliged to carry out the standard exploitation activities such as: tightening all the  nuts of jointing elements after and after setting in motion, to carry out such activities. The Producer is not responsible for the damages in the product or unabling its proper exploitation resulting from neglecting carrying out the activities determined above which result in so called ‘washing’ the sealing elements or other similar events.

  8. The Buyer is obliged to check the outer state and completeness of the product at the moment of accepting it, otherwise the Buyer shall loss the guarantee rights for outer and quantitative defects. The defect protocol at the acceptance must be carried out at the presence of the carrier, forwarder or another firm providing this kind of services.

  9. The Buyer is obliged to inform the Producer in writing about disclosing defect, sending the notice within the period not longer than 7 days from the date of disclosing.

  10. As the result of accepting the claim the Producer is obliged to carry out the guarantor’s obligations within the possible shortest and proper for the kind of repairing period.

  11. The guarantee repairs may be carried out directly by the Producer or by the third parties appointed by the Producer.

  12. The persons carrying out the guarantee repair are not entitled to provide with technical opinion’s concerning the reason of damage and as such their statement and evaluation is not binding for the Producer.

  13. The replaced defective parts are owned by the Producer and are subject to return.

  14. The risk of accidental loss or damage of the product its part till the time of delivery by the Buyer is borne by the Producer.

  15. Handing over the product to the Buyer or the person appointed by the Buyer is regarded as handing over to the Buyer.

  16. The Buyer is obliged to provide the Producer with proper condition for removing the reported defect. The Producer shall be free from the responsibility for removing the defect within the period of waiting for making proper conditions for safe and effective removal of the defect.

  17. In case the Producer’s product are abroad the Republic of Poland, the Producer is obliged to send free of charge spare parts without defects in order to replace the parts which are damaged in the Producer’s product. The Producer does not bear the costs connected with their replacement and replaced parts have to be sent to the Producer at the Buyer’s cost.

  18. The guarantee covers only the Producer’s products and does not include any liabilities resulting from direct or indirect damages arouse at the moment of disclosing the defect or as the result of disclosing it, unless the damge is caused by Producer's gross negligence or willful misconduct.

  19. The Producer is not responsible for unconformity of the product with standards and regulations other than the ones obligatory in the European Union and the country of the Producer. Other stipulations demand the particular provisions in a contract concluded in writing.

  20. Technical data of each product (dimension and weight) and its exploitation parameters (use of fuel, use of electric power) presented on the webside as well as in promotion or offer materials may differ from real values of the product and cannot be the base of claims resulting from the differences in real parameters.

  21. To the matters not provided herein the provisions of the polish civil code shall be applicable.

  22. All amendments of these General Terms of Guarantee shall be made only in writing for their validity.

  23. All claims shall be settled by the Common Court proper for the seat of the Producer.

  24. With reference to granted warranty the Producer will not be liable to the Buyer under the warranty for product defects - exclusion of warranty for product defects.

 

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