Guarantor: INVENTIA Sp. z o.o., with its registered office in Warsaw at 23 Poleczki Street, 02-822 Warsaw, registered in the register of entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw. The XX Commercial Division of the National Court Register (Sąd Rejonowy dla m. st. Warszawy w Warszawie, XX Wydział Gospodarczy Krajowego Rejestru Sądowego), with the registration number KRS 0000023113, NIP 9512017534, and REGON 017311391.
§1 Subject matter of the guarantee
- The Guarantor warrants the good quality of its products and guarantees the Purchaser the correct operation of the Goods in accordance with the accompanying instructions or other specifications.
- Under the terms and conditions described in these Warranty Conditions for Telemetry Modules, the Guarantor guarantees the performance of the Goods to the Purchaser.
- The period of provided warranty is:
3.1. 36 months for Inventia’s production Goods, like telemetry devices, location devices, AGREUS® system devices, and Xway system devices.
3.2. 24 months for Inventia’s production Goods, like CoolSens® system devices.
3.3. 12 months for Goods manufactured by third parties and distributed by the Guarantor.
3.4. 12 months for Batteries and rechargeable batteries.
The guarantee period begins on the date of sale, as evidenced by the VAT invoice. Individual contractual provisions take precedence over the aforementioned conditions.
- The guarantee is addressed to the Purchaser of the Goods outside the territory of the Republic of Poland.
- During the guarantee period, the Guarantor will repair any defects in the Goods free of charge.
- The Purchaser is entitled to warranty repair of the Goods. This is defined as specialised activities, including repair or replacement of a defective component, excluding the activities described in the instructions, which are part of the normal operating maintenance by the Purchaser.
- In the event that the Guarantor’s Guarantee Service states in writing that removing the defect is impossible, the Purchaser is entitled to replace the Goods with defect-free ones. In the event that a complaint is accepted, and the Goods are replaced, the Purchaser is obliged to return the Goods in their original, complete state. Otherwise, the Guarantor will charge the Purchaser with the equivalent of the missing or damaged elements, as well as the costs of their replacement.
§2 Notification of defect and time limit for repair
- The Guarantor shall fulfil the obligations set out in these guarantee conditions within 30 days of the item being delivered by the Purchaser or received by the Guarantor.
- If repair or replacement of the Goods within 30 days is not possible, the Guarantor shall inform the Purchaser of this fact, together with the reasons, and specify the period of time necessary to rectify the defect in the Goods.
- The Guarantor shall use its best endeavours to ensure that reported defects in the Goods are repaired as soon as the Goods are delivered to the Service Point, taking into account the points above.
- The warranty period shall be extended by the time of repair, unless it is carried out on the day of notification. A defect in the Goods can be reported:
4.1. to the Vendor;
4.2. directly to the Guarantor Service Point at serwis@inventia.pl;
- The notification should be made immediately after the discovery of the defect, but no later than within 7 days of its discovery. The Buyer is obliged to attach to the notification of the guarantee protocol (available at the indicated link), containing the indication of the defect, its description, circumstances of its occurrence, type of the Goods, its serial number, number of the purchase invoice, date of purchase, details of the contact person with a telephone number and e-mail address, shipping address of the Goods. Failure to meet this condition may result in the extension of the repair period beyond the period specified in point 2.
- The use of damaged Goods will void the Warranty.
- The Goods subject to the Guarantee must be properly secured and in a complete state delivered for repair, to the address provided by the Guarantor or the Seller upon receipt of the notification, in a manner ensuring safe transportation. The Guarantor, upon receipt of the warranty application, will organise (in consultation with the Purchaser) the transport of the Goods. If the Purchaser decides to use another form of transport than the one proposed by the Guarantor, it is obliged to deliver the Goods for repair at its own expense, taking into account the conditions described in the first sentence.
- If, in the course of the Guarantor‘s performance of its obligations under the guarantee, it turns out that the notified Goods have a defect not subject to the guarantee and it becomes necessary to repair them, the Guarantor shall notify the Purchaser of this fact and provide him with an offer to perform the repair. The performance of activities under this paragraph is not an exercise of warranty rights.
8.1. In the event of rejection or non-acceptance of an offer to repair the Goods within 30 days, the Purchaser will be charged a diagnostic fee and the costs of the logistics service in the amount of EUR 37 net, and the unrepaired Goods will be sent back or the Purchaser may have them disposed of by the Guarantor.
8.2. For the services performed under 8 and 8.1, the Guarantor will issue a VAT invoice to the Purchaser in each case.
- Upon delivery of the Goods to the Guarantor’s Service Point, the Guarantor:
9.1. will create an individual service request number for each piece of equipment, providing confirmation of receipt of the equipment,
9.2. will process the request and inform the Purchaser of the status of the repair.
§3 Scope of the guarantee
- The Warrantor shall only be liable for defects resulting from a cause inherent in the Goods sold before their delivery, while defects arising after the sale for other reasons in particular are not covered by the warranty:
1.1. as a result of improper (not compliant with the user’s manual) use, installation, reconfiguration, use of a version of the embedded software other than the one currently recommended by the Guarantor, storage, maintenance or transport;
1.2. caused by force majeure events such as fire, flood, lightning, abnormal power supply or other natural disaster or unforeseeable accident and by damage not attributable to the Guarantor, including chemical and mechanical damage;
1.3. as a result of damage resulting from incorrect or inappropriate handling, completion, installation and assembly, as well as from normal wear and tear of the Goods;
1.4. in the event of arbitrary (by the Purchaser or other unauthorised persons) repairs, alterations and structural changes to the Goods;
1.5. damage resulting from the inadequate operation of software developed by third parties and installed in the purchased Goods without the Guarantor’s consent.
- The Guarantor shall not be liable for loss, damage or destruction of the Goods resulting from any cause other than defects inherent in the Goods. In particular, warranty entitlements do not include the right to claim reimbursement of costs incurred and benefits lost as a consequence of the failure of the Goods.
- The guarantee does not cover any damage resulting from the need to dismantle, deliver, assemble or temporarily render the Goods unusable.
- Please note that the activities of the Guarantee Service do not include:
4.1. inspection tests of the goods, carried out at the Purchaser’s request, as a result of which it can be established that no warranty repair is necessary, as well as those operations which the Purchaser is obliged to perform in accordance with the operating instructions, e.g.: installation, configuration of essential operating parameters, updating of the embedded software.
4.2. Goods with missing, altered serial numbers (if any) or damaged seals.
- The Purchaser is obliged to have all repairs and servicing of the Goods carried out exclusively by the Warranty Service of the Guarantor, the Seller, or their authorised service technicians.
§4 Forfeiture of warranty rights
- The Purchaser loses its rights under the warranty in the event of any repair, incorrect assembly or alteration of the Goods by itself or by a third party other than the Guarantor, the Seller or the servicemen authorised by the latter, as well as in the event of any breach, damage or rupture of any of the protections, or covering them in a manner which makes their identification impossible, the discovery of damage, breach or removal of serial numbers or other markings identifying the Goods.
- For the avoidance of doubt, the guarantee does not cover defects resulting from the actions of third parties, in particular unauthorised service technicians or repair specialists to whom the Purchaser has commissioned the installation, configuration or repair of the Goods.
- The Purchaser’s use of consumables that are not in accordance with the Guarantor’s instructions, or the use (connection) of components that are not in accordance with the Guarantor‘s instructions, voids the warranty on the Goods damaged by this action. Consequently, any resulting repair, if ordered by the Purchaser, is not covered by the warranty
§5 Final provisions
- The Guarantor shall perform its obligations under the guarantee on working days, i.e. from Monday to Friday, excluding public holidays falling within this period.
- The Guarantor’s liability under warranty is excluded.
- In matters not covered by these warranty conditions, the relevant provisions of the generally applicable law shall apply.