General Warranty Terms
GENERAL WARRANTY TERMS FOR PRODUCTS
Sold by Zakład Aparatury Elektrycznej Ergom sp. z o.o.
Effective from 21 March 2019
Zakład Aparatury Elektrycznej ERGOM sp. z o.o., with its registered office in Łódź, ul. Nowe Sady 10 (hereinafter the "Supplier"), ensures the proper quality of its products and provides a warranty for them under the terms described in this document. The General Warranty Terms form an integral part of sales orders fulfilled by the Supplier and of sales agreements, unless the agreements provide otherwise.
1. The Supplier provides a warranty for all Products it sells, provided that they are used in accordance with their intended purpose and the operating conditions set out in the user manuals supplied with the products.
2. The warranty is valid and applies within the territory of the Republic of Poland and covers only damage arising from causes inherent in the product, i.e. latent defects resulting from manufacturing defects or hidden material defects that became apparent during the warranty period.
3. The warranty does not cover, and the Supplier is not liable for, in particular:
a) batteries (with the exception of rechargeable batteries),
b) consumables that must be replaced due to normal mechanical or electrical wear,
c) defects arising from causes attributable to the User, third parties or force majeure, including:
i. those resulting from improper operation or from using the product contrary to its intended purpose,
ii. those caused by failure to follow the recommendations in the user manual or safety regulations, and those resulting from the use of improper consumables,
iii. those resulting from independent repairs, modifications or other unjustified interference by persons not authorised by the Supplier,
iv. those resulting from mechanical, thermal or chemical damage,
v. those resulting from improper storage.
d) defects resulting from the faulty operation of other installations, including as a result of defects in the User's electrical installation, fluctuations in the supply voltage, and random events,
e) damage incurred during transport of the Device, unless the transport was carried out at the Supplier's risk.
4. In particular, the following are not subject to warranty repair: products, and their components and subassemblies, showing signs of standard wear during use of the warranted item, as well as activities listed in the user manual or forming part of normal operational maintenance, e.g. installation of the product, programming, maintenance, cleaning and replacement of consumable parts.
5. Periodic inspections and checks of the products, which the Buyer is obliged to carry out, are not included in the scope of warranty repairs.
6. The warranty does not cover products which, on the basis of the documents presented and the product's rating data, cannot be identified as products purchased from the Supplier.
7. The warranty period for products offered by the Supplier is 12 months, with the exception of rechargeable batteries, for which the period is 6 months, counted from the date of sale to the Buyer.
8. If physical defects of the product, as referred to in paragraph 2 and not covered by the exclusions in paragraphs 3, 4, 5 and 6, become apparent during the warranty period, the Supplier undertakes to repair the product. Where repair is impossible or economically unviable, the Supplier will replace the product.
9. The Supplier is obliged to issue the Buyer a Warranty Card, for products selected by the Supplier, at the time of sale.
10. The place where warranty repairs are carried out is the Supplier's registered office.
11. The Buyer is obliged to ship the item under complaint using the carriers designated by the Supplier, together with a written complaint notification containing at least the name of the product complained about, the date of purchase, a detailed description of the damage, and the Warranty Card if the given product has one. 12. The Supplier reserves the right to require documentary proof of purchase of the defective product by means of a VAT invoice or a fiscal receipt.
When delivering the product under complaint via the designated forwarding company, the Buyer is obliged to ensure proper packaging. Any damage to the product resulting from improper packaging shall be borne by the Buyer.
13. The Buyer must ensure that the product under complaint delivered to the Supplier's registered office is clean. Otherwise, the actions taken by the Supplier to clean it will be carried out for a fee charged to the Buyer. In special cases, the Supplier may make the fulfilment of its warranty obligations conditional on such cleaning being carried out.
14. Identified physical defects will be remedied after the product has been delivered to the guarantor's registered office. Within 6 business days, the Supplier undertakes to notify the Buyer of the manner of handling the product under complaint and the actions taken in connection with it.
15. Where a product subject to replacement under a complaint cannot be replaced with an identical one of the same type (e.g. because its production has been discontinued), the Supplier has the right to replace it with another product whose technical and operational parameters are the closest to the product complained about.
The Supplier reserves the right to carry out an on-site inspection at the place where the product under complaint is installed.
16. The Supplier reserves the right to suspend the complaint procedure if the Buyer has overdue payments outstanding for longer than 30 calendar days.
17. The warranty does not exclude, limit or suspend the Buyer's rights under the statutory provisions on liability for defects of goods sold (rękojmia).
18. Under the warranty, neither the Buyer nor third parties are entitled to claim compensation from the 19. Supplier for any damage resulting from a failure.
20. The Buyer loses their warranty rights for the products in the event of:
a. any modification of the product being found,
b. any attempts to repair the Product by unauthorised persons,
c. failure to comply with the obligation to carry out periodic maintenance,
d. payment arrears for the Product exceeding 60 days from the required due date.
21. In all matters not regulated above, the provisions of the Polish Civil Code shall apply.