General Terms and Conditions of the Registered Guarantee

§ 1 General provisions

1. Data and address of the Guarantor:

KERA AWAK Sp. z o.o. z siedzibą w Buku 

ul. Dobieżyńska 56, 64-320 Buk  

registered in the Register of Entrepreneurs of the National Court Register, conducted by the District Court Poznań Nowe-Miasto i Wilda in Poznań, IX Economic Department - National Court Register

 

KRS 0000084935, 

NIP 8942002405, Regon 930311125

e-mail: service.awak@keragroup.com

 

2. These general conditions of the registered warranty apply to smoke dampers, skylights, light strips and roof hatches in terms of tightness and efficiency of the drive and control system, the manufacturer of which is the Guarantor. Whether or not the warranty in question has been granted is determined by the fact that the Manufacturer has made a specific statement of the named warranty attached to the VAT invoice (or being an element thereof) documenting the sale or delivery of the product. The absence of such a statement means that the warranty was not granted. If the device is sold to a third party, the warranty shall expire unless otherwise agreed by the Guarantor in writing under pain of nullity.


3. These General Terms and Conditions of the Named Guarantee shall be used together with the Detailed Terms and Conditions of the Named Guarantee attached to (or forming part of) the VAT invoice documenting the sale or delivery of the product, with the proviso that the Detailed Terms and Conditions of the Manufacturer's Named Guarantee shall take precedence.


4. Liability under the warranty shall cover only product defects arising from causes inherent in the product.

§ 2 Terms and Conditions of the Registered Guarantee

1. A necessary condition for the exercise of the warranty is the possession of a VAT invoice documenting the sale or delivery of the goods, together with a statement of the registered warranty, which together constitute the only basis for the exercise of warranty rights. In the event of loss or destruction of the documents indicated in the sentence above, duplicates may be issued by the Manufacturer at the written request of the authorized party.


2. The registered warranty for smoke dampers shall expire if the authorized person has neglected to order, against payment, to the Guarantor or an entity authorized by the Guarantor, a service inspection of the product, which must take place, at least once a year from the date of installation. If the smoke dampers are not serviced by companies authorized in writing by the Guarantor or directly by the Guarantor, the warranty will expire one year after installation.


3. Unless otherwise agreed between the Guarantor and the Authorized Entity, the warranty shall expire within 24 months counted from the date of issuance of the VAT invoice documenting the sale or delivery of the product, regardless of the dates of servicing specified in paragraph 2 above.

 

4. The registered guarantee, in addition to the cases indicated above and in the Special Conditions, shall also expire in the event of:

a. ascertainment by the Manufacturer or an entity authorized by the Manufacturer of improper transportation, unloading, or storage of the product;


b. ascertainment of damage to equipment resulting from improper installation or use inconsistent with the manufacturer's instructions - Technical and Operational Documentation;


c. occurrence of defects caused by improper maintenance;


d. arbitrary repairs or structural changes;


e. mechanical damage caused by fortuitous events, in particular heavy rain, flood, strong wind, inundation, lightning, fall of an aircraft, hail, explosion, avalanche, fire, landslide, as well as secondary damage resulting from the above-mentioned causes (heavy rain is considered rain with a coefficient of performance of at least 4, established by IMGW. Strong wind, is considered to be wind with a speed of not less than 15 m/s.);


f. actions of third parties;


g. rupture or damage to warranty seals, i.e. masking caps with the company logo, placed on the domes of smoke dampers;


h. when the damper has been spontaneously activated as a result of exceeding the permissible operating temperature specified in the Manufacturer's DTR. 


i. when periodic service inspections, other than those specified in paragraph 2 above will not be performed at the times indicated in the Manufacturer's Technical and Operating Documentation, in which case the warranty shall expire at the end of the last day of the month in which the inspection was to be performed.

 

5. The warranty is valid in the territory of the Republic of Poland.

§ 3 Warranty (Complaint) Procedure

1. Warranty entitlements are exercised by submitting a written complaint to the Guarantor, together with a VAT invoice including the Manufacturer's statement of the named warranty and documentation confirming the performance of services, if necessary.


2. In the event of a defect or malfunction subject to warranty, the Eligible Person shall notify the Guarantor of the defect in writing immediately, no later than within 2 working days counted from the date of discovery of the defect, and by e-mail to service.awak@keragroup.com. The notification should indicate a detailed description of the defect with photographic documentation from the time of its disclosure, a description of the circumstances of the emergence (disclosure) of the defect, the date of disclosure of the defect.


3. Failure by the entitled person to meet the conditions indicated in paragraph 1 or paragraph 2 above, despite the request for their completion, will result in the complaint not being considered. The Guarantor shall also not be liable for extension of the time for consideration of the complaint, caused by incomplete, incorrect or misleading description of the defect.


4. To remove defects revealed during the warranty period, preventing the operation of the products in accordance with their intended use, the guarantor shall proceed free of charge within a period not exceeding 21 days.


5. The condition for the removal of defects during the warranty period is to make available the full work front and allow free access to all elements of the products, especially mechanisms, as well as to provide the necessary utilities free of charge.


6. In the case of repair involving the replacement of a defective component, the warranty period for the replaced component shall count anew from the date of its replacement.


7. The manufacturer undertakes to replace its products if a manufacturing defect is found that cannot be repaired.

§ 4 Costs and Liability

1. In the event that the complaint is not accepted, as well as in the event that the reported defect or failure is not covered by the warranty, the Guarantor will charge the Authorized Entity with the costs incurred in connection with the response to the application, possible replacement and repair of elements, and remuneration for the work performed.


2. The warranty rights indicated above exhaust the rights for product defects, which means that to the extent that these warranty rights are exceeded, the Guarantor's liability is excluded. The above exclusion applies in particular to liability for damage caused by or resulting from defects (including lost profits).


3. The Guarantor shall not be liable for any damages, including actual losses and lost profits, resulting for the Beneficiary from a delay in the execution of repair, except where the delay was the result of intentional, culpable action or omission. The Guarantor shall not be liable for the consequences of delays resulting from causes attributable to the Eligible Person.