Common use of Rights under warranty Clause in Contracts

Rights under warranty. 5.1. During the warranty period the Warrantor is obliged to deliver spare parts or repair the defective Product free of charge after it has been delivered by the Client to the Warrantor's main office. If the Warrantor determines that repair of the Product is not possible, or the cost of the Product repair is disproportionately high in relation to the price of the new product, the Warrantor is obliged to replace the Product with the defect-free Product. 5.2. Under the warranty, neither the Buyer nor any third party shall be entitled, to the greatest possible extend, to a claim against the Warrantor for any damage resulting from the failure of the Product. Pursuant to the warranty, the only obligation of the Warrantor is to deliver spare parts, repair or replace the Product with the defect-free Product, in compliance with the terms and conditions of this Warranty. 5.3. The Warrantor shall be liable to the Buyer solely for physical defects caused by reasons attributable to the Product that are latent defects or defects caused by the Producer's fault. The warranty does not cover defects caused by other reasons, in particular as a result of: 5.3.1. external factors, i.e. mechanical, thermal, chemical damage, flooding, excessive soiling, etc., 5.3.2. installation and use of the Product contrary to its intended purpose specified in the Technical and Maintenance Documentation, 5.3.3. usage of the Product contrary to the Product specification and/or Technical and Maintenance Documentation (e.g. max/ min operating temperature, flooding, dustiness, explosive hazardous zones, aggressive environment, strong magnetic field, vibrations, overload, heavy load, etc.), 5.3.4. installation design failures, incorrect selection of the Product, 5.3.5. connection of the Product by a person without proper authorisations, connection of the product contrary to the wiring diagram, powering the Product with a voltage other than specified in the Product specification and/or the Technical and Maintenance Documentation, 5.3.6. use of the Product contrary to its intended purpose and/or good engineering practice, 5.3.7. failure to comply with the requirements specified in the Technical and Maintenance Documentation and/or specification of the Product security and/or its storage, 5.3.8. improper assembly, maintenance, storage and transport of the Product, 5.3.9. damage to the Product resulting from use of accessories and materials that are non-original or contrary to the manufacturer’s recommendations, 5.3.10. damage resulting from fortuitous events, factors recognisable as Force Majeure (including fire, flood, lightning strike, etc.), 5.3.11. defective operation of other installations (e.g. electrical, heating installation, etc.) and/or devices affecting the operation of the Product (e.g. inverters, transmitters, humidifiers, radiators, heaters, etc.). 5.4. The warranty does not cover normal wear and tear of the parts as well as consumable goods, such as filters, bulbs, fuses, batteries, transmission belts, lubricants, oils, refrigerants, claddings, mats, etc. Page2 5.5. The warranty does not cover the Product which, upon submitted documents and product characteristics, cannot be identified as the Product purchased from the Warrantor, and/or the Product without the Warrantor’s data plate.

Rights under warranty. 5.1. During the warranty period the Warrantor is obliged to deliver spare parts or repair the defective Product free of charge after it has been delivered by the Client to the Warrantor's main office. If the Warrantor determines that repair of the Product is not possible, or the cost of the Product repair is disproportionately high in relation to the price of the new product, the Warrantor is obliged to replace the Product with the defect-free Product. 5.2. Under the warranty, neither the Buyer nor any third party shall be entitled, to the greatest possible extend, to a claim against the Warrantor for any damage resulting from the failure of the Product. Pursuant to the warranty, the only obligation of the Warrantor is to deliver spare parts, repair or replace the Product with the defect-free Product, in compliance with the terms and conditions of this Warranty. 5.3. The Warrantor shall be liable to the Buyer solely for physical defects caused by reasons attributable to the Product that are latent defects or defects caused by the Producer's fault. The warranty does not cover defects caused by other reasons, in particular as a result of: 5.3.1. external factors, i.e. mechanical, thermal, chemical damage, flooding, excessive soiling, etc., 5.3.2. installation and use of the Product contrary to its intended purpose specified in the Technical and Maintenance Documentation, 5.3.3. usage of the Product contrary to the Product specification and/or Technical and Maintenance Documentation (e.g. max/ min operating temperature, flooding, dustiness, explosive hazardous zones, aggressive environment, strong magnetic field, vibrations, overload, heavy load, etc.), 5.3.4. installation design failures, incorrect selection of the Product, 5.3.5. connection of the Product by a person without proper authorisations, connection of the product contrary to the wiring diagram, powering the Product with a voltage other than specified in the Product specification and/or the Technical and Maintenance Documentation, 5.3.6. use of the Product contrary to its intended purpose and/or good engineering practice, 5.3.7. failure to comply with the requirements specified in the Technical and Maintenance Documentation and/or specification of the Product security and/or its storage, 5.3.8. improper assembly, maintenance, storage and transport of the Product, 5.3.9. damage to the Product resulting from use of accessories and materials that are non-original or contrary to the manufacturer’s recommendations, 5.3.10. damage resulting from fortuitous events, factors recognisable as Force Majeure (including fire, flood, lightning strike, etc.), 5.3.11. defective operation of other installations (e.g. electrical, heating installation, etc.) and/or devices affecting the operation of the Product (e.g. inverters, transmitters, humidifiers, radiators, heaters, etc.). 5.4. The warranty does not cover normal wear and tear of the parts as well as consumable goods, such as filters, bulbs, fuses, batteries, transmission belts, lubricants, oils, refrigerants, claddings, mats, etc. Page2 “Xxxxxx” email: xxxxx@xxxxxx.xx 5.5. The warranty does not cover the Product which, upon submitted documents and product characteristics, cannot be identified as the Product purchased from the Warrantor, and/or the Product without the Warrantor’s data plate.