Warranty conditions
Warranty terms and conditions provided by FHU GASTROPRODUKT Rafał Mirek
www.gastroprodukt.pl
These Terms of Guarantee define the principles and scope of liability under the guarantee granted by FHU GastroProdukt Rafał Mirek for the equipment sold. They form an integral part of the purchase process and are intended to provide clarity regarding the rights and obligations of the Guarantor and the Warrantee.
§ 1 Definitions
The following terms contained in these Warranty Terms shall have the following meanings:
1. "Guarantee" means the rights and obligations under these Terms and Conditions of Guarantee and the provisions of the Civil Code.
2. "Warranty Card" means the document incorporating these Warranty Terms and Conditions.
(3) "Equipment" means the equipment, the name, model and serial number of which are specified in the body of the Warranty Card.
4. "Guarantor" or "Seller" means FHU GastroProdukt Rafał Mirek with its registered office in Olkusz (32-300) at Żuradzka Street 29.
5. "Force Majeure" means any external event of an extraordinary nature which the Guarantor is unable to prevent and over which it has no control, which includes, but is not limited to, riots, strikes, industrial disputes, armed conflicts and natural disasters.
6. "Repair" means specialised activities aimed at rectifying a defect in the Equipment covered by the Guarantee carried out by the Guarantor on the basis of a single notification of the need to repair the Equipment, irrespective of the quantity of spare parts used in carrying out these activities, and the term does not include activities related to theinstallation and maintenance of the Equipment as provided for in its operating instructions, adjustment of the Equipment, tightening of parts and replacement of bulbs and/or fuses, hinges or other operating parts contained therein.
7 "Warrantee" means the person who purchased the Equipment from the Vendor, and any subsequent owner of the Equipment holding a Warranty Card who has effectively acquired the right to exercise rights under the Warranty.
§ 2 Warranty Period and Principles
(1) The Guarantor provides a guarantee of proper operation of the Equipment for a period of 12 months from the date of sale.
(2) The warranty is valid in the territory of the Republic of Poland. 3.
(3) The duration of the Guarantee shall be extended by the period commencing on the date of notification to the Guarantor of the need to repair the Equipment and ending on the date on which the Warrantee is notified by the Guarantor of the completion of the Repair.
(4) It shall be the Guarantor's obligation, in the event that the Guarantee is accepted, to repair the Equipment in accordance with the terms of this Guarantee.
(5) Under the Guarantee, the Guarantor excludes the possibility of replacing the Equipment with a defect-free one. This provision does not affect the rights of the Consumer and Individual Entrepreneur under the provisions of the Civil Code and the Consumer Rights Act,
(6) Repair of defects in the Equipment covered by the Guarantee shall be performed free of charge during the Guarantee period.
§ 3 Procedure for Notification and Performance of Warranty Repairs 1.
(1) The need to repair the Equipment shall be reported to the Warrantor electronically by completing the application form available on the Warrantor's website(https://gastroprodukt.pl/opieka-serwisowa).
(2) As a prerequisite for the execution of rights under the Guarantee, the Warrantee must provide a copy of the proof of purchase of the Equipment, the original Warranty Card and issue of the Equipment with the user manual (if provided).
(3) In the event of a claim under the Guarantee, the Customer is obliged to make the Equipment available for verification of the guarantee claim.
(4) The place where the Equipment is located at the time of the notification will be appropriate for collection, Repair (in the case of on-site repair of the Equipment) and delivery of the Equipment by the Guarantor as part of the warranty defect rectification activities undertaken on the basis of this notification.
When notifying of the need to repair the Equipment, the Warrantee shall deliver the Equipment at its expense to the Guarantor's premises for the purpose of the Repair, except that the Equipment shall be repaired at the place where it is located if the circumstances (e.g. installation or incorporation of the Equipment) support such method of repair. The provision on bearing the costs of delivering the Equipment to the Guarantor does not apply to Consumers and Individual Entrepreneurs, for whom these costs are regulated by the relevant provisions of the Consumer Rights Act.
(6) If the repair is carried out at the site where the Equipment is installed, the Warrantee is obliged to ensure conditions (in particular by allowing access to the Equipment and exclusion of other devices endangering the person carrying out the Repair) allowing the Repair.
(7) In the event of failure to provide suitable conditions for repairing the Equipment, the Guarantor may refuse to carry out the repair and charge the Warrantee with the resulting costs.
(8) If it is agreed that the Equipment will be transferred to the Guarantor, this should be done within 7 days from the date of notification of the need for Repair by the Warrantee.
(9) Repair of defects in the Equipment covered by the Guarantee shall be carried out within 30 days from the date of delivery of the Equipment to the Guarantor, and in the event of circumstances justifying the Repair of the Equipment at the place where it is located, within 30 days from the date of notification by the Warrantee of the need to carry out the Repair.
(10) These time limits shall be extended accordingly if the delay in their performance is due to Force Majeure, the action of the Warrantee or is due to the unavailability of spare parts.
(11) The Warrantee is obliged to provide the Warrantor with dirt-free Equipment for repair. If fault diagnosis or repair of the Equipment requires its cleaning, the Guarantor has the right to charge the Warrantee with the cost of cleaning service in the amount of 199,00 PLN + VAT. This fee will be charged irrespective of the acceptance of warranty claims. The provision on incurring the costs of cleaning the Equipment does not apply to Consumers and Individual Entrepreneurs, for whom these costs are regulated by the relevant provisions of the Consumer Rights Act.
(12) All parts replaced during Repairs carried out by the Guarantor shall be brand new and shall be an exact equivalent of the parts to be replaced.
(13) The obligation to deliver the Equipment to the Warrantee after it has been repaired shall rest with the Warrantor. The Equipment shall be delivered to the Warrantee within 7 days after completion of the Repair.
(14) The Warrantee is obliged to take back the Equipment supplied by the Warrantor in which the defects covered by the Warranty have been repaired. Otherwise, the Warrantee shall bear the costs of redelivery of the Equipment by the Warrantor or its storage.
§ 4 Requirements for installation and use of the Equipment 1.
(1) Connection of the Equipment requiring professional installation to the mains, water supply, sewerage system or gas supply, may only be performed by persons having the necessary authorisation in this respect, under pain of losing the rights under the Guarantee.
(2) The Guarantor may make the repair conditional on the production by the Warrantee of proof that he has fulfilled the above obligation, i.e. the entry of the authorized person with his stamp in the table in the Warranty Card.
The appliance must be installed in accordance with the manufacturer's instructions. The person entitled under the Guarantee is obliged to ensure appropriate access for servicing and to observe health and safety regulations.
(4) The equipment must be used for its intended purpose and in accordance with the conditions contained in the operating instructions. In case of any doubts concerning assembly (installation), use or maintenance of the Equipment, the Warrantee should consult the Guarantor. 5.
(5) Any repairs to the Equipment carried out by persons other than the Guarantor shall result in loss of rights under the Guarantee.
(6) The Guarantor's liability under the guarantee covers only defects arising from reasons inherent in the sold item.
§ 5 Exclusions from the Warranty
The Warranty does not cover in particular:
1. damage to the Equipment caused by its user as a result of improper or inconsistent use of the Equipment in accordance with the operating instructions, which also applies to its installation and maintenance;
2. damage to the Equipment caused by its use in a manner inconsistent with its intended use, including excessive loading of the Equipment;
3. maintenance activities provided for in the operating manual;
4. damage to the Equipment caused as a result of its repair by persons other than the Guarantor;
5. modifications or structural changes to the Equipment carried out by persons other than the Guarantor;
6. damage to the Equipment caused by external factors (lightning, malfunction of the electrical network, water, sewage system or power supply);
7. damage to the Equipment caused during its delivery by the Warrantee to the Guarantor as a result of inadequate protection;
8. damage to the Equipment resulting from the effects of external factors of a mechanical, thermal or chemical nature on the Equipment;
9. damage to the Equipment resulting from contact with liquids, in particular electrical or electronic components;
10. glass parts, light bulbs, fuses, hinges and other operating parts;
11. damage to the Equipment, the nameplate of which has been removed or damaged in a manner that makes it impossible to read it;
12. damage to Equipment whose warranty seals have been removed or tampered with, or whose design or components bear traces of tampering by third parties.
§ 6 Costs of unjustified claims and transport of the Equipment
(1) In the event of an unjustified claim for Repair, the Warrantee (or the user of the Equipment who has forfeited his/her rights under the Warrantee) shall bear all costs associated with initiating and carrying out the warranty procedure, including the costs of travel, collection of the Equipment, purchase of spare parts, return of the Equipment, etc.
(2) A request to repair the Equipment shall be deemed unreasonable, in particular a request to remove damage or carry out maintenance (installation) activities not covered by the Guarantee, as well as a request to carry out repairs despite the loss of rights under the Guarantee.
3. 3. In the event that the complaint notification proves to be unjustified (the reported defect does not exist) or the defect is not covered by the Guarantee pursuant to § 5, the Warrantee (or the user of the Equipment who has lost his rights under the Guarantee) shall be obliged to reimburse the Warrantee for the damage caused by the defect.Guarantee) is obliged to reimburse the Guarantor for the lump-sum costs of verifying the legitimacy of the complaint notification, in the amount of 250.00 PLN net + VAT for each commenced man-hour devoted to the verification of the notification and additionally the costs of travel at the rate of 2.50 PLN per km. The number of km is calculated from the Guarantor's registered office to the place where the Equipment was made available and back. 4.
(4) The Equipment delivered by the Warrantee to the Guarantor should be adequately protected against damage in transit. Suitable protection shall be considered to be the original factory packaging with all the protections (locks) existing at the time of receipt of the Equipment by the Warrantee from the Seller. The Guarantor will not be responsible for any damage during transportation of the Equipment. 5.
(5) In the event that the Warrantee fails to use the factory packaging of the Equipment with the above-mentioned protections, he/she will bear all the risks associated with damage to the Equipment supplied to the Guarantor during transport to the Guarantor and the return of the equipment to the Warrantee.
The provisions of this § do not apply to Clients who are Consumers or Individual Entrepreneurs.
§ 7 Extended Warranty
(1) The Warrantee in the case of selected equipment: Grandimpianti - washing machines, dryers, mangles; Venix - ovens; Dishwashers - STRONG PRO" 500, Hooded dishwasher Line "STRONG PRO", Hooded dishwasher Line "STRONG"; Alfa Forni - pizza ovens; "STORK" 700 and 900 line - catering kitchens; Pantola - gas stools, can benefit from the Extended Guarantee service.
(2) The Extended Warranty is valid from the 13th Month to the 24th Month from the date of purchase of the Equipment covered by the Extended Warranty.
(3) The extended warranty includes free access to spare parts for the Equipment (does not apply to service costs).
4th The prerequisite for the use of the extended warranty by the Warrantee is the use of a paid servicing service provided by the Warrantor or the return of an identical defective part within 7 days from the date of receipt of the spare part in order to verify the legitimacy of making the spare part available.
(5) In the event that one of the conditions indicated in clause 4 of this paragraph is not fulfilled or the Guarantor determines that the request for a replacement part is not justified, the Warrantee will be charged with the cost of the replacement part according to the Guarantor's price list, the costs of delivery and any additional costs incurred in connection with the fulfilled claim.
(6) The provisions of § 2 item 4, § 2 item 5, § 3 item 8, § 3 item 11, § 4 item 1, § 4 item 2, § 4 item 3, § 4 item 4, § 4 item 5, § 5 items 1-12 of these Terms and Conditions of Guarantee shall apply to the extended Guarantee to the appropriate extent.
§ 8 Final Provisions
(1) In all matters not regulated by these Terms and Conditions of Guarantee the provisions of the Civil Code shall apply, in particular the provisions of Articles 577-581.
(2) The Guarantor is the administrator of the personal data of the Warrantee, processed for the purpose of exercising the rights under this Guarantee. For detailed information on the principles of personal data processing, including the purposes, legal grounds, storage period and rights of the Warrantee, please refer to the Privacy Policy available on the Vendor's website.
(3) The Guarantor reserves the right to amend these Terms and Conditions of Guarantee. Any amendments will be published on the website www.gastroprodukt.pl and shall be effective from the date of publication. The amended Terms and Conditions of Guarantee shall only apply to sales contracts concluded after these amendments come into force. The warranty for Equipment sold prior to the date of the amendments is fulfilled on the basis of the terms and conditions in force on the date of purchase of the Equipment by the Warrantee.