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DULAFA STANDARD GUARANTEE TERMS AND CONDITIONS

 

Based on these guarantee conditions, the company of Dulafa specified in the guarantee card [after this: DULAFA], guarantees to the owner [Hereinafter: Client] a failure-free operation of sold by ZKT type air handling units [Hereinafter: AHU]

 

Part 1  Guarantee period

 

 1. The guarantee for the devices, automation elements, and rotary and cross-flow exchangers expires after two years from the device sale.  

 

2. If the Customer has purchased spare parts for devices from Authorized Dulafa Service, the guarantee for these extra parts shall expire after one year from the sales date of a spare part.

 

Part 2 Guarantee period extension

 

1. If the Customer purchases air-handling units of the ZKT type, the guarantee period for these devices and additional options: automation elements, as well as rotary and cross-flow exchangers, can be extended by DULAFA upon the Customer’s request by a further period of the maximum of 3 years, following the end of the standard guarantee period.

 

 2. The extension of the guarantee period takes place based on the agreement between DULAFA and the Customer.

 

3. Under the extension of the guarantee period, the Customer shall pay DULAFA remuneration in compliance with the following rates:

 

    a) 1% of the net price of devices for the first year of the extended guarantee period.

    b) 1.5% of the net price of devices for the second year of the extended guarantee period,

    c) 2% of the net price of devices for the third year of the extended guarantee period.

 

4. The remuneration shall be payable by the Customer in advance in the total amount for the whole extended guarantee period based on a proforma invoice. The failure to pay compensation in compliance with the deadline specified in the proforma invoice- contents means that the Customer has resigned from the extension of the guarantee period.  

 

5. The provisions concerning extending the guarantee period do not apply to air-handling units of ZKT type.

 

6. Any differing provisions of the contract between the Parties in the scope regulated by § two hereof shall be invalid, and the Customer’s legal actions contrary to the above provision shall have no legal effect.

 

 

 

Part 3 Scope of Guarantee

 

 

1. DULAFA shall, at its sole discretion, either replace the devices or their defective parts or repair them at the place of their installation or in another location after they are sent for repair.

 

2. If the guarantee service is provided at the place of device installation in the country of DULAFA registered office, DULAFA shall cover the costs of transporting Authorized DULAFA Service workers and the costs of transporting spare parts exclusively within 200 km from the Authorized DULAFA Service seat in such country.

 

3. If the guarantee service is provided at the place of device installation in the country without the seat of Authorized DULAFA Service, DULAFA shall cover only the costs of spare parts or devices, together with the supply on DAP conditions (Incoterms 2010).

 

4. Current list of Authorized DULAFA Services is available on www.DULAFA.com and DULAFA representative offices.

 

5. Additional device fittings not manufactured by DULAFA and supplied by DULAFA and the devices shall be covered by the guarantee in the period specified in Part 1.

 

6. A guarantee service shall not change the guarantee period; the guarantee for replaced parts and the device warranty will expire.

 

7. A guarantee granted by DULAFA shall neither exclude nor limit or suspend the Customer’s rights arising from regulations regarding implied warranty for defects of a sold item.

 

8. These Guarantee Terms and Conditions shall be binding for the parties of all contracts connected with the devices unless the warrant specifies otherwise, with the consent of DULAFA.

 

 

Part 4 Exclusions

 

1. This guarantee shall not include:

 

    a. Any parts subject to normal wear and tear, consumables (filters, washers, V belts, light bulbs, fuses, bearings, etc.).

 

    b. Any damage arising through no fault of DULAFA and device defects occurring for reasons other than inherent to the devices.

 

    c. Device damage resulting from the impact of the surroundings, improper transport, and storage.

 

    d. Mechanical damage arising from incorrect operation and device use, repair, and maintenance incompatible with the “Operation and Maintenance Manual of Ventus Air-Handling Units” [hereinafter referred to as the OEM].

 

    e. The devices not assembled by DULAFA Licensed Service or in conditions not-compliant with the OEM.

 

    f. The devices, in the case of which the commissioning was not conducted and documented in the Guarantee Card by the service or persons having appropriate qualifications and experience.

g. Devices subject to modifications, changes of operation parameters, repair, or replacement of parts without the written consent of DULAFA.

 

    h. The finishing elements of devices installed outside the buildings in which the coverage of Device housing was not used.

 

    i. Any damage to or defects of the housing and structural elements which do not affect the functionality and correct operation of the devices. 

 

2. The maintenance of guarantee rights requires device exploitation compliant with the guidelines contained in the OMM, including the performance of at least two technical inspections of devices by the Customer in the calendar year. 

 

3. This guarantee shall not cover DULAFA’s liability for any damage caused by device downtime while waiting for guarantee services and any damage to the Customer’s property other than the devices.

 

 

Part 5 Complaints

 

1. Complaints shall be filed online by sending the electronic application available on www.DULAFA.com or by phone by calling the complaint department and transmitting the electronic application specified above. 

 

2. Complaint notification shall contain the Device factory number, the Device operation location, the Customer’s phone number, the Customer’s contact person, the defect type, and also, if possible, the specification of the damaged Device part.

 

 

Part 6 Guarantee service

 

1. Services arising from this guarantee shall be provided within the 14 days following the report date. This time limit can be extended in exceptional circumstances, especially if the guarantee service requires ordering parts or subassemblies from the subcontractor or if the service cannot work due to bad atmospheric conditions.

 

2. Any parts removed from the device by the service technicians within guarantee services and replaced with new spare parts shall become the property of DULAFA.

 

3. Any costs arising from a groundless complaint report or interruptions in the work of service technicians at the Customer’s request shall be borne by the Customer in line with the binding technical service price list available on www.dulafa.com and based on the VAT invoice issued by Authorized DULAFA Service.

 

4. DULAFA shall have the right to refuse to perform a guaranteed service if the Customer fails to pay for the device or any previous technical service.

 

5. The Customer shall cooperate with the service technicians in terms of a guaranteed service performed at the place of the device installation, in particular by:

 

    a. providing free access to the device in due time,

 

    b. preparing the site for service provision, in particular providing any additional structure to access a device installed higher than 1.5 m above the floor and, if necessary, removing and re-installing the machines, and in the case of suspended devices, if necessary, also the removing and installing the suspended ceiling or the ventilation duct.

 

    c. disconnecting and connecting the plumbing system (water, glycol system) and the freon system, performing additional works to permit the service technicians to handle the complaint, d. presenting the documents provided together with the device (a guarantee card, technical data card, the OMM).

 

    e. making it possible for the service technicians to commence work immediately upon arrival, without unnecessary delay,

 

    f. providing, free of charge, all possible assistance in service provision (e.g., providing access to an electrical power source or lighting in the place of service provision).

 

    g. taking the actions necessary to protect people and objects and following safety regulations where the guarantee service is being performed, which includes ensuring that the service performance site meets the requirements defined in legal regulations.

 

6. The Customer shall promptly accept and confirm completion of the guarantee service on the Service Card document. When in doubt about the quality and completeness of the guaranteed service, the Customer has the right to complain to DULAFA. Part 4 hereof shall apply to such a complaint as appropriate.

 

 

Part 7 Other provisions

 

 1. In the event of any discrepancies between the Proposal plus the Purchase Order and these DULAFA Standard Guarantee Terms and Conditions, DULAFA Standard Guarantee Terms and Conditions shall prevail. Any contradictory provisions of the Proposal and the Purchase Order shall not apply in such an event.

 

2. In the event of any discrepancies between the Proposal plus the Purchase Order and these DULAFA Standard Guarantee Terms and Conditions, DULAFA Standard Guarantee Terms and Conditions shall prevail. The above provision does not apply to provisions of Part 2 hereof, which shall always take precedence over the contract between the Parties or any other agreements or arrangements. 

 

3. The Operation & Maintenance Manual is available on www.dulafa.com.