Guarantee

AC Energia product guaranteeDownload

1 SCOPE OF APPLICATION

1.1 The General Terms and Conditions of Guarantee (hereinafter referred to as GTCs) are an integral part of sales agreements and related service agreements concluded between AC Energia Arkadiusz Czajka and purchasers of its products, unless these agreements provide otherwise. Terms used in the further part of these GTCs shall mean:

  • "Guarantor" - AC Energia Arkadiusz Czajka based in Tarnawatka Tartak , address: Ogrodowa 16, 22-604 Tarnawatka Tartak, NIP: 9212016915, REGON: 121200107
  • "Buyer" - a contractor purchasing products or services from the Guarantor. These GTCs apply only to contractors (entrepreneurs of Article 43 ¹ of the Civil Code) who are not consumers within the meaning of Article 22 ¹ of the Civil Code.
  • "Parties" - the Guarantor and the Purchaser
  • "OWG" - these General Terms and Conditions of Guarantee AC Energia Arkadiusz Czajka
  • "Product" - the products, goods and services that are the subject of the statutory business activity of the Guarantor and to the above extent covered by the guarantee in the territory of Poland.
  • "Carrier" - courier, transport or forwarding company
  • "Warehouse" - the Seller's warehouse located at the company's Warsaw site.

1.2 The parties exclude the use of the Buyer's model contracts (in particular general warranty conditions and model contracts, rules and regulations).

1.3 In accordance with this OWG, the Guarantor guarantees to the Purchaser all Products sold by it, ensures the smooth operation of the offered Products provided that they are used in accordance with their intended use and the operating conditions specified in the documentation.

1.4 Direct warranty claims against the Guarantor may only be made by Purchasers who purchased the Product from the Guarantor. In other cases, the warranty claim must be submitted to the place of purchase of the Product.

1.5 In accordance with Article 558 § 1 of the Civil Code, the warranty for the Product is excluded.


2 WARRANTY PERIOD

2.1 The warranty period for the Products offered by the Guarantor is calculated from the date of sale and is as follows:

  • Products covered - 24 months

2.2 The Guarantor will provide the Customer with a guarantee for the period stated above on the basis of a VAT invoice or receipt confirming the sale of the Product. Upon request, the Guarantor will issue a guarantee card to the Customer.


3 SCOPE OF THE GUARANTEE

3.1 The Guarantor guarantees to the Purchaser all the Products it sells, ensures the smooth operation of the offered products on condition that they are used in accordance with their intended use and the operating conditions specified in the documentation.

3.2 During the warranty period, the Guarantor is obliged to supply spare parts or repair the defective Product free of charge. If the Guarantor finds that repair of the Product is not possible or the cost of repair is disproportionately high compared to the price of a new unit, the Guarantor is obliged to replace the Product with a defect-free one.

3.3 Neither the Purchaser nor any third party shall have any claim against the Guarantor under this guarantee for any damage caused by the failure of the Product. The only obligation of the Guarantor under this guarantee, is to supply spare parts or to repair or replace the Product free from defects in accordance with the terms of this guarantee.

3.4 The guarantor is liable to the purchaser only for physical defects caused by reasons inherent in the Product sold. The guarantee does not cover defects arising from other causes, in particular as a result of:

  • external factors: mechanical damage, thermal damage, chemical damage, flooding, excessive soiling, etc.
  • installation and use of the Product not in accordance with its intended use as specified in the Harmann catalogue and/or DTR.
  • use of the Product in conditions which do not comply with the conditions specified in or DTR (e.g. max./min. operating temperatures, contamination of the pumped medium, explosion risk zones, aggressive environment, etc.).
  • installation design errors, incorrect selection of the Product.
  • connection of the Product by persons not having the relevant SEP authorisations, connection of the Product not complying with the wiring diagram, supplying the Product with voltage other than that specified on the nameplate and/or DTR of the Product.
  • use of the Product contrary to its intended use and/or the art of engineering.
  • no thermal protection in accordance with the requirements specified in the DTR and/or the Harmann catalogue
  • incorrect assembly, maintenance, storage and transport of the Product
  • damage to the Product resulting from the use of non-original or non-compliant accessories and materials.
  • damage resulting from force majeure events (fire, flood, lightning, etc.).
  • malfunction of other installations (e.g. electrical, heating, etc.) and/or equipment affecting the operation of the Product (e.g. inverters, relays, humidifiers, coolers, heaters, etc.).

3.5 The warranty does not cover parts subject to normal wear and tear and consumables such as filters, light bulbs, fuses, batteries, V-belts, lubricants, oils, refrigerants, etc.

3.6 The Guarantee does not cover a Product which cannot be identified as having been purchased from the Guarantor and/or a Product which does not bear the Guarantor's nameplate on the basis of the documents and product characteristics submitted.

3.7 The guarantee covers the Product purchased from the Guarantor or its sales network subject to the Buyer making timely payment for the Product. In the event of a delay in the due payment for the Product, the guarantee procedure will be suspended until the amount due has been paid in full.


4 LOSS OF GUARANTEE

4.1 The purchaser forfeits the warranty rights on the products if:

  • any modification of the Product,
  • interference with the Product by unauthorised persons,
  • any unauthorised attempt to repair the Product,
  • failure to comply with the obligation to carry out periodic maintenance checks if required.
  • the occurrence of an overdue payment for the Product exceeding 60 days from the due date of the invoice.

4.2 If the Guarantor discovers that the cause specified in § 2 and § 3 has occurred, this will be the basis for not accepting the complaint about the Product. In case of non-acceptance of the complaint, the complained product will be returned to the complainant on his/her written request on condition that the shipping costs of the Product "to" and "from" the service of the Guarantor are covered in advance.

4.3 Unclaimed goods referred to in point 3(2) after a period of 60 days will automatically be disposed of.


5 NOTIFICATION AND WARRANTY PROCEDURE

5.1 Acceptance of a complaint for consideration is based on the cumulative fulfilment of the following conditions:

  • a written or faxed or e-mailed notification of a complaint by the Purchaser on the appropriate AC Energia form containing: the name of the goods, catalogue number, date of purchase, warranty card number, a detailed description of the damage together with additional information on the origin of the product defects and photographs of the defective product. A specimen form is available on the website www.acenergia.com.pl or at the Guarantor's premises.
  • to present the original purchase invoice of the advertised product.
  • to present the commissioning protocol if required by the Product DTR.
  • deliver in person or via a carrier the advertised product to the Guarantor's premises.

5.2 Defects or damage to the Product disclosed during the guarantee period should be reported to the Guarantor immediately, but no later than 7 days from the date of their disclosure.

5.3 A product in which a defect has been found should be taken out of service immediately or the guarantee will be void.

5.4 The Guarantor undertakes to perform the warranty service within 14 days from the date of receipt of the notification in accordance with item 4, sections 1 and 2, and in the case of small appliances, as defined in item. 4 item 6 , within 14 days from the date of delivery of the device to the service of the Guarantor.

5.5 In the case of an atypical Product, imported or manufactured to the individual order of the Purchaser, in particular a Product with specific parameters or properties, the repair of which requires specialised spare parts, the Guarantor reserves the right to extend the period of warranty performance by the period necessary to import and/or manufacture the aforementioned parts, but not longer than 90 days.

5.6 Small-size devices should be sent back to the Guarantor's address by prior arrangement with the Guarantor, with the costs and risk of shipping being borne by the Buyer. Recognition of the Buyer's warranty claims will be equivalent to repair of the Product or replacement of the Product with a defect-free one.

5.7 The place of performance referred to in para. 4(6) shall be deemed to be the registered office of the Guarantor. The Buyer or the Carrier is responsible for the proper packaging and delivery of the Product to the Guarantor. This responsibility does not in any way pass to the Guarantor.

5.8 Only products that are complete, serviceable, free of defects and mechanical damage caused by external factors are subject to the guarantee procedure.

5.9 For large appliances, the Guarantor will send its service to the place of installation of the Product in order to diagnose and/or repair the Product. In cases of unjustified service call, the Purchaser will be charged with travel and service costs according to the service price list of the Guarantor.

5.10 In the case of servicing the Product at its place of installation, the Purchaser is obliged to provide free access to the Product and allow the Warrantor a safe servicing procedure in accordance with all health and safety rules, in particular to provide the necessary height (platforms, ladders, scaffolding), adequate preparation of the servicing site (protection from rain, snow, removal of ice, etc.), adequate technical possibilities (access to power sources, safety switches, etc.). Otherwise, the service technician has the right to request a service action.

5.11 Products sent to the Guarantor's address at the Guarantor's expense and/or sent back without the Guarantor's knowledge and acceptance will not be accepted or will be accepted with the proviso that the service procedure will not be initiated until the Product's shipping costs have been reimbursed to the Guarantor within a maximum period of 14 days. Paragraph 3.3 shall apply

5.12 The Product under complaint should be adequately protected for transportation. The risk of Product delivery is borne by the Buyer. The Guarantor is not responsible for damage or destruction of the product in transit, in particular due to inadequate packaging or protection of the product by the Buyer.

5.13 The guarantor decides on the legitimacy of the warranty claim and on the choice of the method of fulfilment of recognised warranty claims.

5.14 Replaced defective products become the property of the Guarantor.

5.15 The Guarantor reserves the right to charge the Purchaser with handling costs related to the expert examination of the Product, if the advertised Product is in working order or the damage was not covered by the guarantee.

5.16 The Guarantor reserves the right to carry out an on-site inspection at the place of installation of the claimed Product, charging the Purchaser for travel and service costs.

5.17 The guarantor reserves the right to suspend the guarantee procedure if the purchaser is more than 7 days in arrears with payments for overdue invoices.

5.18 In the event of repair of the Product, the duration of the guarantee shall be extended by this period of the Product's failure. If the Product is replaced with a new one, the Product shall be covered by a new guarantee in terms of the statutory period starting from the delivery of the Product.

5.19 The guarantor is not obliged to upgrade or modify existing products once newer versions have entered the market.

5.20 These GTCs exclude the Guarantor's liability under the warranty for defects of an item, and this exclusion does not apply to Purchasers who are Consumers within the meaning of the Civil Code.

5.21 In matters not covered by these rules, the provisions of the Civil Code shall apply.