1. EBS Sp. z o. o. grants the Performance Guarantee for Products (without prejudice to pt. 4, 13, 14 and 20) for the time period of 24 months. The date of commencement of the guarantee period is the date of issuance of purchase document (VAT invoice). The 24-month warranty period applies to Products for which the commercial invoice document was issued with the date from 2019 February 1st. Any defects that shall be disclosed during the guarantee period, shall be removed free of charge by the EBS service team.
2. This guarantee covers the Product defects caused by faulty parts or manufacturing defects for the Products sold by EBS.
EBS Sp. z o. o.
Bronisława Czecha st. 59
04-555 Warsaw, Poland
Information, admissions: +48 22 518 84 00 ext. 425
Technical advice: +48 22 518 84 00 ext. 424
3. The purchase document (VAT invoice) constitutes the only single basis for meeting the rights ensuing from the granted guarantee.
4. Guarantee repairs do not cover periodic maintenance and inspections of the Product, and in particular, cleaning, adjustments, verification of performance, and correction of errors of either operation or programming of user parameters, as well as other tasks, to which user is entitled. The guarantee does not cover the natural wear and tear of the elements pertaining to the Product, such as, for instance, printing units, batteries, and power supply, as well as other parts, which are vested with a definite lifespan etc.
5. The condition for availing by the Purchaser of the rights ensuing from this guarantee is the presentation upon time of referring for guarantee service performance, all of the listed below:
a. a valid receipt of the Product,
b. faulty Product,
c. description of damage.
6. The guarantee shall ensure the furnishing of free of charge spare parts as well as labour, in accordance with the terms, as presented in this guarantee, within 24 months’ time from a date of purchasing of the Product.
7. Purchaser shall deliver the Product to the Service facility at his or her own cost. By delivering the Product to the Service facility, and in particular, by dispatching it while making use of third parties, the Purchaser shall be obliged to provide proper packaging to the Product. Any kind of damage that may be done to the Product ensuing from its improper packaging shall be charged to the Purchaser, exclusively.
8. The Product delivered to the Service facility must fulfil the fundamental hygienical standards. If the product fails to comply with such standards, then, the tasks assumed by the Service facility with the intention of doing away with this fault, shall not be incorporated into the guarantee service, and as such, they shall be paid for, according to valid price list. The service may condition the performance of obligations ensuing from the guarantee on the undertaking of the above-mentioned tasks.
9. A defect submitted within the guarantee period, as referred to in pt. 1, shall be removed by the Service facility within 14 working days. The course of the service time shall commence on a first working day following a day of delivering of the Product to the Service facility. The time period of removal of defect may be extended up to 21 working days in an eventuality of there being the necessity for transporting from abroad of some part being indispensable for making the repair.
10. If only a part of the Product is faulty and it can be detached from the part of the Product, which is operating according to the technical and operational conditions, as described in the operating manual, the rights of the Purchaser ensuing from this guarantee shall be restricted to just the faulty part of the Product.
11. Purchaser shall be vested with the right to replace the Product for a new one, provided that:
a. Within the guarantee period, as referred to in pt. 1, the Service facility shall perform three guarantee repairs, and the Product shall remain to be defective, whereas such defects shall disable the Product from being used according to its purpose.
b. The Service facility shall state in writing that the removal of the defect is impossible.
If in case of arising any extraordinary circumstances (e.g. the product not being listed in the commercial offer), the replacement of the Product for the very same type of Product shall be impossible, then EBS shall replace the Product for another type of Product characterized by technical parameters being as close to the original Product as possible. Such action shall also be deemed as completion of the guarantor’s obligations.
12. The Service facility shall replace the Product for a new one within a time period as determined with the Purchaser, however no longer than 21 working days. The course of the product replacement time is deemed to commence on a first working day following day of return by the Purchaser of a faulty Product in its entirety (together with the applicable equipment). Upon replacement of the Product for a new one, a deduction shall be made to take account of either any missing or damaged parts or elements not delivered by the Purchaser.
13. The guarantee does not cover the Products with the mechanical damage or else electric damage not generated due to faults on the part of the Producer, as referred to in pt. 2, and especially
a. Products damaged either during transportation or handling.
b. Damage caused by inappropriate use or improper application of the Product, incompliant with the operating manual or safety provisions.
c. Products damaged in effect of fire, flood, lightning bolt, or due to some other natural calamities, war or social unrest, unforeseen accidents, pouring of liquid, power network failure and/or telecommunications network failure, or due to being inappropriately connected to power network.
d. Product, which has not been delivered to guarantor’ service facility in either original or safe packaging (cardboard, polystyrene foam, foil, metalized anti-electrostatic foil on hard disks, boxes protected by sponge or by polystyrene foam etc.) and hence suffered from a damage.
14. The Purchaser shall lose his right ensuing from the guarantee, in an eventuality of:
a. making repairs or modifications to the Product, changes, as well as adjustments infringing the guarantee seal by any persons who are unauthorized by the Producer,
b. making use of the Product which is inappropriate with its destination and with the recommendations of operating manual.
15. The Producer – i.e. EBS, Service facilities, commercial companies, which have sold the Product, as well as their branch offices and departments, shall not bear any liability ensuing from this agreement, provided that the required repairs may not be performed due to importing / exporting restrictions in connection with spare parts or due to some other provisions of the law, unforeseen circumstances, rendering the making of repairs impossible or due to some negative effects of a force majeure occurrences.
16. Any defective products or parts, the replacement of which has been made under the guarantee shall become the property of relevant Service facility.
17. The Producer – i.e. EBS, Service facilities, commercial companies, which have sold the Product, as well as their branch offices and departments, shall not be held liable towards the Purchaser for any loss, damage or destruction of the Product, and they shall neither be liable for any damage caused by the Product defects.
18. The rights ensuing from the guarantee do not cover the rights of the Purchaser to claim the return of any forfeited profits in connection with the Product failure.
19. Any damage, either mechanical in nature, or such that may have arisen due to inappropriate assembly and usage incompliant with the destination of the Product, may be done away with, EXCLUSIVELY AT THE COST OF THE USER.
20. The technical inspection of a well-working Product being dispatched for guarantee repair, provided such action required just the performance of tasks being accredited to user (as described in operating manual) is PAID.
21. Any elements and subassemblies replaced within the time period of valid guarantee shall not be covered by separate guarantee. In an eventuality of their damage within the time period of the guarantee of the Product, they shall be repaired or else replaced under general product guarantee.
22. Any specific, not being mentioned in this document, obligations of the Purchaser and of the Producer, arising from the guarantee, shall be accordingly governed by the appropriate provisions of the Civil Code.
23. The inspection and diagnosis of products not covered by the guarantee shall be paid. Any possible repair shall take place, following Purchaser’s consent, EXCLUSIVELY AT THE PURCHASER’S COST.
24. As the producer of the appliances, EBS shall not be held liable for any faults and inappropriate operation of the software as purchased on a separate license and for any damage/losses that might have arisen due to the usage or inability to use of any of the systems.
25. The above Guarantee terms and conditions shall apply from February 1, 2019.