GENERAL WARRANTY TERMS AND CONDITIONS OF WARK Group sp. z o.o. sp. k.
“WARK Group” shall mean WARK Group sp. z o.o. sp. k. with its registered office in Jelonek at ul. Topolowa 1, 62-002 Jelonek, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court of Poznań – Nowe Miasto i Wilda in Poznań, 8th Economic Division of the National Court Register, under No KRS: 0000546524, Tax No: 9721253670, EU Tax No: PL9721253670, REGON (National Official Register of Business Entities) No: 360924490.
“Product” shall mean any and all products, equipment, equipment components and its spare parts offered by WARK Group.
“Customer” shall mean an entity which has purchased WARK Group’s Product subject to these warranty terms and conditions.
“Contract” shall mean a sales contract made between the Customer and the Guarantor, including the quotation and the order unless the Parties have made a separate contract.
1. General Warranty Terms and Conditions
1.1. WARK Group Sp. z o.o. sp. k., hereinafter referred to as the “Guarantor” or “WARK Group”, shall grant the Customer the quality warranty for the Product purchased from the Guarantor according to the warranty terms and conditions as set forth below.
1.2. The warranty shall be valid in the entire Poland. The Guarantor shall not be obliged to carry out any obligations under the warranty outside Poland.
1.3. The warranty period shall be 12 (twelve) months unless otherwise specified by the Parties in the contract. The Contract may provide for different warranty terms and conditions for individual elements of the Product’s equipment. The warranty period shall begin on the day of handing over the Product to the Customer or from the day on which the Customer is requested to collect the Product, if in default of collecting the Product.
1.4. In the warranty period the Guarantor warrants that the Product shall be free of any defects in material and workmanship and that the Product shall operate correctly (according to the product specification) in normal operating conditions, according to its intended purpose and the user’s manual.
1.5. The Guarantor commits itself to remedy, free of charge, any defects in material or workmanship detected within the warranty period according to the General Warranty Terms and Conditions through repairing or replacing the Product or its parts to the Product free of defects. The Guarantor shall choose a way of remedy of defects.
1.6. The defects shall be remedied by the Guarantor’s service centre or by the service centre indicate by the Guarantor.
1.7. Any costs of warranty repairs or of spare parts replaced under warranty as part of the detected defect shall not be incurred by the Customer.
1.8. The Guarantor shall not be held liable for any damage caused to the Customer, even if such damage results from the Product defects; the Guarantor shall not be held liable for any commercial losses, loss of profit and other indirect or consequential damage caused by the Product defects.
1.9. The Guarantor’s liability under the statutory warranty shall be excluded.
1.10. The warranty rights shall exclusively be vested with the Customer who directly purchased the Product from WARK Group. Any further disposal of the Product shall not transfer any rights hereunder to another purchaser.
2. Scope of Warranty
2.1. The warranty shall only cover the Guarantor’s Product, i.e. the trailer (construction elements, chassis, body, wheels and steering system, installations), with the exclusion of any equipment elements made upon the Customer’s request. The equipment elements, in particular cooking appliances, shall be covered by a separate factory warranty provided together the Product.
2.2. The warranty shall only apply to defects in the Product sold. The defect in material and workmanship shall be deemed to be a defect in the equipment that makes its operation inconsistent with the producer’s specification.
2.3. The warranty shall not cover:
a. any defects and damage detected or reported following the expiry of the warranty period;
b. any wear and tear of consumables such as brake linings and its elements, brake cables and their elements, tread, light bulbs, etc.;
c. any defects and damage caused by any natural forces such as hail, thunderbolt, frost, salt, or by chemical substances, UV radiation, etc.;
d. any consumable sub-assemblies and equipment components subject to a separate warranty;
e. any defects and damage caused by the failure to comply with the user’s manual, the use of the product in a way inconsistent with its intended purpose, the use of incorrect consumables (e.g. grease, oil, etc.) or chemical substances designed for cleaning surfaces or the use of parts / sub-assembles not recommended by the producer;
f. any defects and damage caused by any changes to the initial form or function of the Product, including its defective operation caused by the conflict between the independently installed sub-assemblies or parts;
g. any defects and damage caused during the Product transport due to the improper use or storage of the Product in connection with the use of the Product contrary to its intended purpose or the user’s manual;
h. any damage caused by fortuitous events (electrical faults, fire, flood, incidents and accidents, etc.);
i. any damage caused by the operation of the equipment in conditions or in violation to the producer’s specification or the user’s manual;
j. any activities as set forth in the user’s manual which the Customer is obliged to conduct on its own and at its own expense.
2.4. The Customer shall lose its warranty rights, if:
a. the Customer violates the user’s manual or applies the Product in a way inconsistent with its intended purpose;
b. the Customer fails to have the periodic check-up of the Product carried out by the Guarantor’s service centre (or the service centre indicated by the Guarantor) within periods as set forth in the user’s manual (periodic check-ups are not conducted as part of the warranty granted and are conducted for remuneration, unless otherwise specified in the contract or in the order);
c. the defect is not reported immediately upon its detection but not later than within 7 (seven) days from its detection;
d. it has been determined that the seals affixed on the equipment or sub-assemblies included in the Product are broken, the equipment is incomplete, any unauthorised repairs of the Product have been made, elements of the trailers have been modified or any construction changes have been made.
3. Warranty Performance
3.1. The basis for performing the warranty shall be the Product sale certificate (invoice) and the maintenance book of a given Product (trailers).
3.2. The Guarantor shall issue the maintenance book for the trailer to prove warranty check-ups. Upon the Customer’s request, the Guarantor shall issue the warranty card for the Product sold. The warranty card is not necessary to perform this warranty.
3.3. In case of providing any warranty services, the Customer shall provide the equipment to the place indicated by the Guarantor at its own expense and risk.
3.4. Prior to providing the Product to have the warranty repair made, the Customer shall call WARK Group to verify the actual damage to the Product by technical consultants who assist in solving the problem or confirm the necessity to provide the equipment to the service centre. The consultants’ assessment shall be of a preliminary nature and not prejudice the admission of warranty claims.
3.5. In some cases, WARK Group may also provide the warranty services outside the service centre, in a place of failure in Poland. The possibility to provide the maintenance service in the place of failure and a way of providing the service shall each time be confirmed by phone with the Guarantor’s technical consultants.
3.6. The warranty claims may only be accepted, proceeded and cancelled by the Guarantor.
3.7. Each defect shall be forthwith but not later than 7 (seven) days from its detection reported to the Guarantor in writing at the Guarantor’s address of its registered office or by email sent to the following e-mail address: email@example.com. Any warranty claims, hereinafter referred to as the complaints, made in violation to any procedures and deadlines shall not be proceeded.
3.8. The complaint shall be appended with the detailed description of symptoms of the equipment’s defective operation (defects), including its working environment, the character of defects and the date of detecting the defect.
3.9. The Customer shall provide the written information about any modifications to the Product, in particular any installed additional equipment or sub-assemblies prior to providing the Product to the Guarantor. In the absence of such information any risk of an accidental loss of or of damage to those elements shall be assumed by the Customer.
3.10. The Guarantor shall make every endeavour to remedy the defect within up to 14 (fourteen) days from receipt of the defective Product by the Guarantor or from reporting the defect, if the services are provided in the place of the Product’s failure. The Guarantor reserves the right to extend such period, if it is necessary to import elements essential for the repair from abroad or in other justified cases.
3.11. The Guarantor shall have the right to charge the Customer with service and/or transport costs, if the complaint appeared to be justified, i.e. damage was not covered by the warranty or the equipment was found to be in a good technical condition.
3.12. The Guarantor shall become the owner of any parts and equipment replaced by it.
3.13. The warranty repair shall be proved by the report and by the entry into the Product’s maintenance book, if provided by the Guarantor.
4. General Maintenance Terms and Conditions
4.1. Warranty check-ups shall be conducted every 6 (six) months.
4.2. The warranty check-up shall be proved by the entry made by the WARK Group serviceman (or by the service centre indicated by WARK Group) into the maintenance book of the Product.
4.3. The check-up of the electrical and gas installations shall be conducted according to the electrical and gas documentation.
4.4. The man-hour rate of the WARK service centre and the rate for 1 kilometre of trips of WARK Group service shall be set forth in the valid price list.
5. Final Provisions
5.1. The warranty card shall prevail over any factory warranties that may be included in the user’s manual or in other documents attached to the equipment sold.
5.2. The Guarantor reserves the right to refuse to provide the services, if such provision threatens to violate the provisions of standards as set forth in the type-approval certificate of a certain Product.
5.3. If the Customer is in default of payment of the sales price for the Product to the Guarantor, the Guarantor shall have the right to cease to perform its warranty obligations until the outstanding amount is paid in whole.
5.4. NOTE: The cooking appliances (including gas appliances) may only and exclusively be used when the sales window is open and the trailer is parked. It is prohibited to use the appliances when driving.