- General terms of the quality guarantee:
1.1. Seller: Darpol spółka z ograniczoną odpowiedzialnością spółka komandytowa ul. Rynkowska 2 Bydgoszcz Vat No. 9671362829 declares that this Quality Guarantee applies to items/services (hereinafter referred to as “items”) delivered under a sales agreement, as a result of which the Seller transferred ownership of the item to the Buyer and issued it to him, and the Buyer undertook to collect the item and pay the Seller the agreed sales price or remuneration for the service. Under the sales agreement, the Seller undertakes to deliver the item made in accordance with the agreement or order or technical specification of the item. Liability under the guarantee covers only defects resulting from causes inherent in the sold item and applies exclusively to physical defects. This guarantee is independent of the Seller’s liability under the warranty. The accompanying documents are not considered to be the sold item.
1.2. During the guarantee period, the Seller (hereinafter referred to as the “Guarantor”), in the event of non-compliance of the sold item with the sales agreement, undertakes to remove free of charge any defects revealed during the use of the sold item. In exceptional situations, in which the Guarantor considers that it cannot replace or repair the defective item, it will refund the Buyer the price paid for it (in whole or in part). If the subject of the sale were movable items, it will take place after the Buyer returns the defective item.
1.3. The Buyer will notify the Guarantor in writing of the occurrence of defects by sending a complaint report to the following e-mail address: jakosc@darpol.bydgoszcz.pl, providing the type of defect, its detailed description and the details of the Buyer’s contact person. Such a report is the basis for the performance of warranty activities. The Buyer must report the defect immediately, no later than two business days from its detection. The Guarantor will respond to this report after he had inspected and analyzed the reported defects within 14 days from the date of receipt of the report and delivery of the defective items to the Guarantor. The Buyer is obliged to deliver the defective itemst to the place referred to in point 1.4. The Buyer will attach to the delivery of defective items a paper document enabling the identification of the items and their connection with the claim report sent via email.The method of delivery to the Guarantor will be determined each time as a result of arrangements by both parties.
1.4. The place of performance of warranty obligations is the Guarantor’s plant mentioned in point 1.1 or another place agreed between the Buyer and the Guarantor.
1.5. The quality warranty does not cover defects resulting from:
a) force majeure, under the term of which the parties maintain: a state of war, a state of natural disaster, phenomena caused by the forces of nature (e.g. floods, hurricanes, fires, etc.) and extraordinary circumstances (e.g. general strike, epidemics, quarantine, etc.).
b) normal wear and tear of the goods or their parts,
c) mechanical damage,
d) damage resulting from the User’s fault, and in particular maintenance, storage and use of the subject of the warranty in a manner inconsistent with the manufacturer’s recommendations or with the principles of operation and use.
1.6. The warranty is lost in the event of breaking the seals, tampering with the item in order to independently perform any type of repairs or modifications by the Buyer or by third parties.
- Warranty period:
The warranty period is counted from the date of delivery of the goods/receipt of the service and amounts to:
– 12 months for new parts, products and items,
– 6 months for regenerated and used parts, products and items,
– 3 months for repair services.
- Deadlines:
3.1 The following deadlines for removing defects are established:
a) within 14 days,
b) within a period agreed by both parties in cases where removing the defect may be particularly difficult and time-consuming – then the deadline for removing the defect will be determined by agreement between the parties to the contract.
In each of the above cases, the warranty period is counted from the date of providing the Buyer with a response with a decision on the method of handling his complaint report (referred to in point 1.3. or the expiry of the period for providing a response to the notification of a defect specified in point 1.3. and from the date of delivery of the defective item to the Guarantor by the Buyer to the place referred to in point 1.4.
3.2 If, in the performance of its warranty obligations, the Guarantor delivered to the Buyer instead of the defective item a defect-free item or made significant repairs to the item covered by the warranty, the warranty period starts again from the moment of delivery of the defect-free or repaired item to the Buyer. If the Guarantor replaced only part of the item, the above shall apply accordingly to the replaced part of the item.
3.3 In other cases, the warranty period is extended by the time during which, due to the defect of the item covered by the warranty, the Buyer could not use the subject of the warranty.
3.4 The Guarantor shall not be liable for defects resulting from a delay in notifying him of the defect, if this defect caused other defects or damage that could have been avoided if he had been notified of the occurrence defect within the required time specified in point 1.3..
3.5 The removal of the defect is confirmed by the Buyer. The confirmation of the removal of the defect, as well as the refusal to make such a declaration, should take place no later than within 2 working days from the date of notification by the Guarantor about the repair or from the date of delivery of the defect-free item to the Buyer after its replacement or repair. Failure by the Buyer to submit a declaration of the removal of the defect or refusal to make such a declaration within the above deadline will be considered as confirmation of the proper removal of the defect/proper performance of the warranty obligations by the Guarantor.
- Other provisions
In matters not regulated by these quality guarantee conditions, the provisions of the Polish Civil Code shall apply.
v.06/11/2024
