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GUARANTEE GENERAL TERMS
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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.
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The
Producer’s liability covers only the defects caused by the product
itself.
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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.
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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.
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The
guarantee excludes the elements which are normally used during
exploitation, i.e.: gaskets, fuses, thermometers, filters, sensor, bulbs,
nozzles etc., component parts.
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The
Producer is not responsible for damages resulting from:
a)
improper exploitation especially not carrying out the inspection and/or
replacing the above mentioned exploitation elements;
b)
not carrying out periodical surveys according to TMD
c)
improper mantling and setting the device in motion by the third
persons;
d)
product modification which is not approved by the Producer;
e)
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.);
f)
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);
g)
using the product after detecting its defect;
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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.
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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.
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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.
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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.
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The
guarantee repairs may be carried out directly by the Producer or by the
third parties appointed by the Producer (service under the guarantee).
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The
persons carrying out service survey aimed at disclosing the defect or
carrying out the guarantee repair are not entitled to provide with
technical opinion’s concerning the reason of damage and such their
statement and evaluation is not binding for the Producer.
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The
replaced defective parts are owned by the Producer and are subject to
return.
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The
risk of accidental loss or damage of the product its part till the time
of acceptance by the Buyer is borne by the Producer.
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Handing
over the product to the
Buyer or the person appointed by the Buyer is regarded as handing over
to the Buyer.
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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.
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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.
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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.
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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.
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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.
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To
the matters not provided herein the provisions of the civil code shall
be applicable.
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All
amendments of these General Terms of Guarantee shall be made in writing
for their validity.
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All
claims shall be settled by the Common Court proper for the seat of the
Producer.
FUO
RUMIA Sp. z o.o.
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FUO RUMIA
Sp z o.o.
Ul. Sobieskiego 42
84-230 Rumia, Poland
Board:
Piotr Dow¿enko
Jerzy Litwin
Office:
Tel: +48 58 671 07 01
Fax: +48 58 671 07 01
info@fuorumia.pl
Sales department:
+48 58 679 40 66
+48 58 671 13 41
handlowy@fuorumia.pl
Procurement:
+48 58 671 09 51
hz@fuorumia.pl
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