General warranty terms for conveyor belts
I. General provisions
- Cobra Europe SAS based in 12 rue Henry Guy, 70300 Luxeuil les Bains, hereinafter: “Manufacturer“) guarantees that conveyor belts delivered by it in parts (hereinafter: “product” or “products“) are free from material defects and meet the applicable technical and technological-production standards and have characteristics agreed with the Buyer/User.
- Manufacturer ensures proper operation of the product, its safe and reliable exploitation, provided it is used as intended and in accordance with these warranty terms as well as transportation, operation and storage conditions.
- Warranty covers each delivered part of the product separately.
II. Warranty period
- Warranty period for a given part of the product is indicated in the warranty card or in the Certificate, issued by the Manufacturer on the day of product’s sale, counting from the day when section of the belt was issued/delivered to the customer.
- For each repair of the product referred to in point V.2.a) warranty period is extended by the time during which due to a defect in the product, the Buyer/User could not use it.
III. Obligations of the Buyer/User
- The Buyer/User is obliged to use the purchased product only on belt conveyors operation of which is carried out in a manner consistent with their technical and operational documentation and according to the current state of technical knowledge in this regard.
- The Buyer/User is responsible for correct selection of a product for cooperating devices, in particular for belt conveyors. Selection must be made by a person/organization having the necessary qualifications to perform it. All risks associated with incorrect selection of a product for cooperating devices will be borne by the Buyer/User.
- The Buyer/User is responsible for unauthorized changes in operating conditions of the product, including: changes in the technical configuration and conveyor operation parameters that may have a direct or indirect impact on the product life. An unauthorized change should also be understood as not informing the Manufacturer that the product, properties of which are subject of agreements, will be applied on a conveyor with a non-standard configuration or equipment.
IV. Scope of warranty
- The Manufacturer shall be liable to the Buyer/User only if there is a material defect or product non-conformity when comparing with product parameters specified in the Certificate/warranty card issued to the Buyer/User on the day of sale, which are due to reasons inherent in the sold product, if these defects or non-conformities will be revealed during the warranty period specified in the certificate/warranty card.
- Warranty does not cover defects and damages caused by reasons other than those in the sold product, in particular:
- Uses of the product contrary to its purpose or its improper use,
- Damages resulting from incorrect selection of the product to the existing operating conditions,
- Damages resulting from improper transportation or storage of the product,montażu wyrobu lub wykonania połączenia taśmowego w nieprawidłowy sposób,
- Damages resulting from improper assembly of the product or incorrect performance of a belt connection,
- Damages resulting from improperly selected or incorrectly operating cooperating devices, or other devices that may affect the product itself,
- Damages resulting from fortuitous events or factors of force majeure.
- The warranty does not cover natural wear of the product resulting from normal operation.
- The warranty does not cover the product, which cannot be clearly identified as originating from the Manufacturer on the basis of submitted documents and other nominal features,
V. Buyer/User rights
- The Buyer/User has the right to lodge a complaint in the event of finding a hidden physical defect in the product or finding a non-conformity of the product with parameters specified in the Certificate/Warranty Card. Manufacturer’s liability is limited to the value of the faulty product on the date of its sale/delivery to the Customer.
- If a complaint is considered justified, the Manufacturer is obliged to present the following methods of compensation to the Buyer/User, taking into account specific circumstances of a given case, i.e.:
- Free removal of product defect (repair of product),
- If it is not possible to remove the defect or repair will not be targeted, a different solution will be applied, which will be mutually agreed and accepted by the Manufacturer and the Buyer/User, with the provision that its value cannot exceed the value of the product being under a complaint, reduced by the loss of value resulting from its operation (from the moment of sale), determined according to the following formula:
Vco = Vpp * (1-Tserl./Twarr.)
Where: Vco – value of compensation [in PLN net] Tserl. – service life of a product [in months]
Vpp – value of product purchase [in PLN net] Twarr. – period of warranty [in months]
- In an event of replacement of a faulty belt section, a new belt will be delivered within the time agreed with the Buyer/User, and replacement belt warranty period is included in the original warranty period.
VI. Mode of reporting complaints
- Buyer/User is the only person entitled to file a complaint for the product by sending a complaint.
- Accepting a complaint for consideration requires the following conditions to be met:
- Deadline for submitting a complaint by the Buyer/User is 7 days from the moment the defect or non-compliance is revealed, if these defects or non-conformances are revealed during the warranty period specified in the certificate/warranty card,
- Complaints must be sent to the Manufacturer in writing or via e-mail,
- Complaints must contain at least the following information:
1) – type of product and product section number,
2) – date of purchase and location of the product,
3) –date on which the defect or non-compliance became apparent,
4) – possibly the most accurate description of the disclosed defect and existing documentation (including: photographs) allowing identification of the product origin,
5) – contact details of a person authorized by the Buyer/User to take actions within the scope of the subject of complaint,
6) – technical and operational documentation of the belt and conveyor,
7) – Certificate/Warranty card of the product,
8) – expectations of the Buyer/User regarding the submitted complaint.
- The Manufacturer is not responsible for consequences caused by extension of the complaint handling time caused by failure to provide the required information or providing incomplete or incorrect information.
- Effective delivery of a complete complaint notification to the Manufacturer is the basis for starting consideration of the complaint.
- The Manufacturer is obliged to consider the complaint without unnecessary delay.
- As part of the complaint consideration, the Manufacturer analyses the complaint notification which has been sent, makes the necessary arrangements related to the subject of a complaint (including with the indicated representative of the Buyer/User) and – if there is such need – establishes contact with the indicated representative of the Buyer/User in order to agree on the date of site inspection.
- Activities specified in point 5 above should be carried out within 3 working days.
- Issuing the decision by the Manufacturer regarding recognition or non-recognition of a complaint should take place no later than within 30 days from the date of receipt of a complaint, unless it is necessary for the Manufacturer to take other necessary actions to consider a complaint, in particular, perform laboratory tests, and obtain specialist expertise. In such cases, the deadline is extended by the time necessary to carry out these activities.
- Representatives of the Manufacturer, as part of complaint consideration, have the right to:
- Access technical and operational documentation of a conveyor on which the faulty product is installed,
- Perform an inspection of the installation place and operating conditions of the faulty product,
- Access information on the type and amount of material conveyed by the conveyor on which the faulty product is installed,
- Collect samples from the faulty product and prepare additional photographic documentation.
- Preventing performance of activities specified in point VI. 8 constitutes the basis for considering the complaint as unjustified.
- If it shall determined that information provided in the complaint form are untrue, the Manufacturer has the right to consider the complaint as unjustified and to charge the Buyer/User with costs incurred as part of activities taken while handling the complaint.
- If the complaint is considered justified, the Buyer/User shall have the rights in accordance with point V.
- Filing a complaint does not release the Buyer/User from performing obligations resulting from the agreement concluded between the Manufacturer and the Buyer, in particular the obligation to pay invoices issued for the purchased products.
VII. Force Majeure
- The Manufacturer is not liable for non-performance or improper performance of obligations, as well as for damages incurred by the Buyer/User of the warranty caused by events of force majeure.
- In connection with occurrence of a force majeure event, dates of completion of activities falling within the scope of warranty service shall be extended by the duration of force majeure and the period necessary to resume work suspended due to the occurrence of force majeure.
- Party affected by a force majeure event shall promptly inform the other party about its occurrence and termination.
VIII. Final Provisions
- Rights of the Buyer/User resulting from these warranty terms are excluded in an event of the Buyer’s failure to pay for the Manufacturer’s products within the required period.
- This warranty does not exclude, limit or suspend rights of the Buyer/User, resulting from the provisions on warranty for defects in the item sold.
- These warranty terms are valid in the territory of the Republic of Poland and are subject to Polish law. In matters not covered by the provisions of the Civil Code.
- Any disputes related to these warranty terms shall be considered by the court having jurisdiction over the Manufacturer’s registered office.