1. The Buyer is obliged upon delivery of the goods to check its completeness, general technical condition, quantity and documents that are to be issued in accordance with the order/offer, in accordance with the procedure specified in § 4.
2. The Seller grants (unless otherwise specified in the offer) a 3-month warranty and a 12-month guarantee on the sold goods, counted from the date of invoice issuance.
3. In case of a defect in the sold goods, the Buyer is obliged to immediately submit a written claim for warranty or guarantee, no later than 2 working days from the occurrence of the defect, under penalty of forfeiture of rights. The Buyer is obliged to deliver the defective goods at his own expense or, at the express request of the Seller, make the defective goods available for inspection.
4. In the case of goods not manufactured by the Supplier, the Supplier will, to the extent possible, pass on to the Buyer any rights of warranty granted by the manufacturer provided that the goods have been accepted and paid for.
5. The review of the complaint submitted will take place within 14 days, subject to the condition that this period may be extended if it is necessary to confirm the existence of a defect and its cause by carrying out a technical expertise. In such a case, the Seller will take a position on the defectiveness of the goods after obtaining the appropriate expertise.
6. The warranty and liability do not cover defects resulting from repairs, modifications and structural changes made independently or by a third party other than the Buyer, resulting from conduct contrary to the instructions of the seller or manufacturer, improper use and maintenance, use of improper materials, e.g. lubricants, caused by force majeure (e.g. lightning strike, flood, power surges, etc.).
7. In the case of a claim being accepted, the Seller agrees to repair or replace the defective goods with defect-free goods at their own cost, within a time limit dependent on the delivery of the goods from the manufacturer. If replacement of the goods is impossible or would involve the Seller incurring additional expenses, the Seller reserves the right to refuse to replace the goods and to refund a corresponding portion of the price to the Buyer. The settlement of the claim in the manner described above excludes the possibility of any further compensation being claimed.
8. The Supplier shall not be liable for any advice or recommendation given by its employees, representatives, agents, sub-contractors as to storage, application, use or for any statement or act concerning the goods and services which has not been confirmed in writing.
9. In the case of samples of products being supplied to the Buyer and further orders of such products being made, and if such samples are accepted upon receipt, the Buyer relies solely and exclusively on his own opinion of such samples and the sale of such products shall be treated as a sale of samples. The Supplier shall not be liable for any claims in respect of such goods provided they conform to the accepted samples.
10. The seller does not guarantee the suitability of the goods for a particular purpose. The risk of the intended use and application of the goods subject to the contract lies solely with the Buyer. In the event of an unjustified request from Pivexin Technology Sp. z o.o. in connection with the reported complaint for exchange or repair of the product, Pivexin Technology Sp. z o.o. will charge the Buyer with all costs associated with it.
11. In the event of an unjustified request from Pivexin Technology Sp. z o.o. in connection with the reported complaint for exchange or repair of the product, Pivexin Technology Sp. z o.o. will charge the Buyer with all costs associated with it. With regard to work related to assembly, disassembly, testing and commissioning, the conditions and rates of Pivexin Technology Sp. z o.o. for the deployment of service personnel and others apply.
12. In the absence of a separate warranty document, the provisions of § 5 determine the scope and conditions of the warranty granted.