Warranty claim

Warranty claim form

Warranty conditions

1. Without prejudice to the limitations set out below, the contractor guarantees both the soundness of the product delivered by him (not being a service) and the quality of the material used and/or delivered for that purpose, insofar as this concerns inspection or take-over tests. non-observable defects in the delivered product, of which the client proves that they occurred within 12 months after delivery in accordance with article VI paragraph 3, exclusively or mainly as a direct result of an incorrectness in the construction applied by the contractor or as a result of defective workmanship or use of poor material. The 12 month term is based on commissioning for no more than 8 hours per day for 5 days per week. If the degree of daily use of the product is higher than agreed, this term will be reduced proportionally.
2. Defects covered by the warranty will be removed by the contractor by repair or replacement of the defective part, whether or not at the contractor’s company, or by sending a part for replacement, all this always at the sole discretion of the contractor. the contractor. All costs that exceed the mere obligation as described in the previous sentence, such as but not limited to transport costs and travel and accommodation costs, as well as costs of disassembly and assembly/installation, are for the account of the client. A new warranty period of 12 months applies to repaired or replaced parts, on the understanding that any warranty expires as soon as 24 months have elapsed after the delivery of the product in accordance with Article VI paragraph 3.
3. No guarantee is given for inspections, advice and similar services performed by the contractor.
4. The warranty does in any case include defects that occur in or are wholly or partly the result of:
   1. non-compliance with operating and maintenance instructions or other than foreseen normal use;
   2. normal wear and tear;
   3. assembly/installation, modification or repair by the client or by third parties;
   4. the application of any government regulation regarding the nature or quality of the materials used;
   5. used materials or goods respectively used in consultation with the client;
   6. materials or items provided by the client to the contractor for processing;
   7. materials, items, working methods and constructions, insofar as applied on the explicit instruction of the client, as well as materials and items supplied by or on behalf of the client;
   8. parts purchased by the contractor from third parties, insofar as the third party has not provided a warranty to the contractor or the warranty provided by the third party has expired;
   9. connecting the delivered products to a pipeline network that does not meet the standards set by the contractor;
   10. the use of unsuitable and/or contaminated types of oil/lubricants, the use of contaminated and wet compressed air, dirt in the product, or use in an aggressive or otherwise unsuitable environment.
5. If the client does not, not properly or not timely comply with any obligation arising for him from the agreement concluded with the contractor or from a related agreement, the contractor is not bound by any guarantee with regard to any of these agreements. whatever it is called – kept. If the client proceeds or has carried out with regard to the product without the prior written approval of the contractor, any claim under the warranty will lapse.
6. Complaints regarding defects must be made in writing as soon as possible after their discovery, within the warranty period. In the event of discovery on the last day of the warranty period, complaints must be made in writing no later than 14 days after the expiry of the warranty period. If these terms are exceeded, any claim against the contractor for those defects will lapse. Legal actions must be brought within 1 year after the timely complaint, on pain of forfeiture.
7. If the contractor replaces parts/products in fulfillment of its warranty obligations, the replaced parts/products become the property of the contractor.
8. The alleged non-compliance by the contractor with his warranty obligations does not release the client from the obligations arising for him from any agreement concluded with the contractor.